Terms & Conditions of Use

 

Disclaimer and Definitions:

This disclaimer is to be read in conjunction with the Terms and Conditions below.

PEPIHUB.COM is NOT intended for use as a recruitment site, and is NOT intended for use as a physiological assessment site, and is NOT intended for use as a means of employee or employer termination, both now or in the future. Users are advised to seek professional advice before starting or leaving employment.

The term “Mood” used in PEPIHUB.COM is a general term used to describe a users workplace preference when compared with a users workplace score as entered by the user. The term “Mood” used throughout the PEPIHUB.com and AVATAR applications is NOT defining a persons emotional or physical state of mind or wellbeing either now or in the future. 

Last updated: 28th December 2016

By taking part in this phase of user testing I acknowledge that all information and concepts relating to the PEPI service remain the property of  Sagefm ABN 42099050022, and must not be disclosed to any other party without the express written consent of Sagefm ABN 42099050022.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://pepihub.com website (the “Service”) operated by Sagefm ABN 42099050022 (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Sagefm ABN 42099050022 and associated approved licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

All material published on this website, including but not limited to all design, text and images, is copyright. This material must not be copied, reproduced, adapted, modified, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent of Sagefm ABN 42099050022.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We strongly advise you to read the terms and conditions and privacy policies of any third- party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply unsubscribe from the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access

to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, including any social interaction with other users that may result from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, income, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service, including seeking professional advice specific to your situation.

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Delivery Policy

In the case of physical products being ordered as part of the Service, after ordering online, you will receive an email confirmation containing your order details (if you have provided the correct email address).

Delivery addresses may not be altered once an Order has been placed. We cannot give or adhere to a request for a specific delivery time. We accept no liability for the loss or deterioration of any goods once they have been delivered in accordance with the Customer delivery instructions and our terms and conditions. We will not be held liable for any financial or physical damages of any kind.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s

hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

However, if you do not accept cookies, you may not be able to use some portions of our Service.

We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don’t need to enter your password on each page. Once you log out or close your browser, this cookie expires.

We may also use longer-lasting cookies for other purposes such as to display your Content and account information. Users always have the option of disabling cookies via their browser preferences.

If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.

Behavioural Remarketing

We may use remarketing services to advertise on third-party web sites to you after you visited our Service.

We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Access and Correction

Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.

Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Freedom of Information Act 1982 (Cth).

Complaints

Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:

  •   Your name and address;
  •   Details of the alleged breach of privacy; and

 URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you

immediately to resolve the issue.

Retention of Information

We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information.

You must keep your own, separate back-up records.

Links To Other Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and other users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We and our subsidiaries, affiliates, and its licensors do not warrant that

  1. a)  the Service will function uninterrupted, secure or available at any particular time or location;
  2. b)  any errors or defects will be corrected;
  3. c)  the Service is free of viruses or other harmful components; or
  4. d)  the results of using the Service will meet your requirements.
ALSO:
Last updated: 16th December 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.Pepihub.com website (the “Service”) operated by Sagefm ABN 42099050022 (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Intellectual Property  The Service and its original content, features and functionality are and will remain the exclusive property of Sagefm ABN 42099050022  and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. Availability, Errors and Inaccuracies We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit. Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply unsubscribe from the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. Indemnification As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends. Limitation Of Liability You agree that we shall not be liable for any damages suffered as a result of using the Service, including any social interaction with other users that may result from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, income, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service, including seeking professional advice specific to your situation. These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof. Delivery Policy In the case of physical products being ordered as part of the Service, after ordering online, you will receive an email confirmation containing your order details (if you have provided the correct email address). Delivery addresses may not be altered once an Order has been placed.  We cannot give or adhere to a request for a specific delivery time.  We accept no liability for the loss or deterioration of any goods once they have been delivered in accordance with the Customer delivery instructions and our terms and conditions. We will not be held liable for any financial or physical damages of any kind. Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you

don’t need to enter your password on each page. Once you log out or close your browser, this cookie expires. We may also use longer-lasting cookies for other purposes such as to display your Content and account information. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower. Behavioural Remarketing We may use remarketing services to advertise on third-party web sites to you after you visited our Service. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Access and Correction Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above. Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Freedom of Information Act 1982 (Cth). Complaints Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:  Your name and address;  Details of the alleged breach of privacy; and  URL link to the alleged breach of privacy (if applicable). Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue. Retention of Information We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

Links To Other Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by us.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and other users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. Disclaimer Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We and our subsidiaries, affiliates, and its licensors do not warrant that  a) the Service will function uninterrupted, secure or available at any particular time or location;  b) any errors or defects will be corrected;  c) the Service is free of viruses or other harmful components; or  d) the results of using the Service will meet your requirements.

 

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