Terms and Conditions

Use of Site, Products and Services

Putney Breeze

Recitals

Putney Breeze is the owner of trademarks, patents, trade secrets, copyrights, processes, know how, registered designs or other Intellectual Property and provides business performance advisory services and self-learn education, DVD’s, books, eBooks and online video products.

Putney Breeze has agreed to grant You with access to the Site, products, the Services, and use of certain Intellectual Property and Confidential Information as set out in this Agreement.

All products of Putney Breeze or an affiliate including the Putney Breeze website, books, DVDs, Audio recordings, payment processing pages and online documentation (collectively, the "Services") are subject to the Terms and Conditions stated below.

By the use of the Site or the Services You agree to be bound by this Agreement. If You do not agree to the Terms and Conditions set out below You agree that You will not use the Site, products or the Services.

Terms and Conditions of Use

Interpretation

In these Terms and Conditions, the following terms have the following meanings

"Account" means your user name and identifying particulars supplied to Putney Breeze at purchase of products or services.

"Agreement" means this agreement as amended from time to time including schedules and terms included by reference.

"Business" means all activities associated with self-learn products Putney Breeze transactions including purchases and refunds and includes development of the Site, Products the Services and Intellectual Property.

"Confidential Information" means all information acquired or created by Putney Breeze during the course of or in connection with the Business by Putney Breeze, including information about Putney Breeze, the Business, processes, systems, equipment, dealings, transactions, policies, finances, organisation or personnel,  or anyone associated with it or them, unless that information is readily available to the public, and shall include (but not be limited to) Putney Breeze's principles, policies, procedures, Intellectual Property and other documents, or material which Putney Breeze may direct you to treat as Confidential Information.

"Copyright Material" means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (C'th) or equivalent legislation;

"Customer" means you and all users of the Site, Products and the Services.

"Customer Information" means all customer information about customers including name, address, contact details, use of Services, their arrangements with Putney Breeze and their Internet Merchant Facility details.

"Putney Breeze" refers to Putney Breeze Pty Ltd and its related bodies corporate. Putney Breeze is a business owned and managed by Putney Breeze Pty Ltd.

"GST" means any tax in the nature of a tax on or on the supply of goods, real property, services, or other things (or similar tax) levied, imposed or assessed by the Commonwealth of Australia or any State or Territory of Australia, which may operate at any time during the currency of this Agreement, other than any interest, fine, penalty, fee or other payment imposed on or in respect of such tax.

"Intellectual Property" means all intellectual property rights of Putney Breeze whether in relation to the Site, Products or Services or otherwise and includes all or any of the following:

the Trade Marks of Putney Breeze whether in relation to the Site, Products or Services or otherwise;

the Trade Name or any other trade name (Premiership Business) under which Putney Breeze sells or distributes its Services or the provision of Putney Breeze Services;

any present or future patents of Putney Breeze which relate to the Putney Breeze Site, Products or Services or their manufacture or assembly and application for the grant of any such patents;

the technical and other information or expertise devised, developed or acquired by Putney Breeze or its employees or other applied in the development, servicing and sale of the Site, Products or Services and in the management and operation of the Business;

copyright of Putney Breeze in any written material, plans, designs, logos, slogans, labels, insignia or other work relating to the manufacture, merchandising, displaying, promotion and selling of the self-learn education products, DVDs, online videos, eBooks, books or Business Advisory Services;

designs, whether or not registered or protected by copyright devised or acquired by Putney Breeze and applied to the Business, the Site, Products or Services.

"Live Gateway" a functioning gateway linked to your bank that allows processing of transactions.

"Merchant Bank" a financial institution that provides Internet Merchant Facilities for the use of processing credit card transactions via the Internet.

"Notice" means any notice given pursuant to clause 29 hereof.

"Processes" include technologies, products, devices, workflow, frameworks, practical models, processes or techniques.

"Services" means self-learn education products, DVDs, eBooks, books, online videos, and business advisory services

"Site" means Putney Breeze web site www.putneybreeze.com.au

"Terms and Conditions" means that terms and conditions set out in this Agreement whether expressly or by reference and includes amendments made to the Agreement.

"Trade Name" means Putney Breeze or Premiership Business or other trading name of Putney Breeze Pty Ltd.

"Trade Marks" means the existing or future trademarks owned, used or developed by Putney Breeze during the term of this Agreement

"You" includes all persons entering this Agreement with Putney Breeze and where the context allows includes your partners, employees and agents.

In this Agreement:

All monetary amounts are stated inclusive of GST and are payable in Australian dollars, unless provided otherwise.

Where the context permits, the singular includes the plural and vice versa.

References to any “party” mean a party to this Agreement and includes the successors, executors, and administrators and permitted assignees (as the case may be) of that party.

where a party consists of more than one person the liability of those persons in respect of the terms of this Agreement is joint and several.

References to clauses, schedules and attachments are to clauses in, and the schedules and attachments to, this Agreement (unless stated otherwise). Each such schedule and attachment forms part of this Agreement.

References in the schedules and attachments to "the Agreement" are references to this Agreement.

References to any document (however described) shall include references to that document as modified, novated, supplemented, varied or replaced from time to time.

References to a month or a year are references to a calendar month or calendar year.

All references to legislation are (unless stated otherwise) references to Australian legislation and include all subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

Where the context permits, references to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority.

A reference to a time of day means the time in Melbourne, Victoria, Australia.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Formation of contract

You represent and warrant that you are able to enter into a legally binding and enforceable contract with other persons and Putney Breeze. You agree and acknowledge that you have entered into a legally binding and enforceable contract with Putney Breeze by clicking the "Yes, I/we agree the Terms and Conditions set out by Putney Breeze." checkbox during the registration process.

In consideration of Putney Breeze agreeing to Your use of the Site products and/or the Services, You agree to comply with this Agreement and Your obligations and undertakings under the Agreement.

PRIVACY POLICY

Application

This privacy policy applies to Putney Breeze Pty Limited ABN 45 147 929 986 and each of its subsidiaries and related bodies corporate (as defined in the Corporations Act 2001) who are collectively referred to as "Putney Breeze" in this policy.

Privacy

Putney Breeze respects your right to privacy under the Privacy Act 1988 (Cth) and is required to comply with the national privacy principles in respect of the collection of personal information from individuals.

The information we collect

The sort of personal information we might collect from you includes your name, address, email address, telephone number, fax number, credit card information and information about your areas of interest.

Consequence of not providing information

You have no obligation to provide personal information which you do not wish to disclose. In some circumstances, however, the failure to disclose personal information may mean that Putney Breeze is unable to provide you with goods or services that require the collection of that information.

How you can access or correct personal information

You may request access to personal information we hold about you by contacting us. If you believe that the personal information we hold about you is incomplete or inaccurate, then you may ask us to amend it please contact info@putneybreeze.com.au . If you have any questions about our policy, or any complaint regarding treatment of your privacy by us, please contact us at info@putneybreeze.com.au

Use of Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use only session ID cookies, and not persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

We use cookies in the following ways:

When you register for any of Putney Breeze's services, we use cookies to make it easier for you to navigate through and complete the registration form.

When you login to we use cookies to easily authorise your credentials as you navigate through our secure pages.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as our administration area, may be limited.

Our website does not use cookies to collect your personal information. Cookies are only used to complete orders on our site. A 'cookie' is a small file which contains a piece of text identifying your browser to our site. It is quite common for online shopping sites to send such a 'cookie', and its purpose is to tell us that a previous visitor to www.Putney Breeze.com.au has returned.

How we use the information

The information that you provide to us is generally used to provide goods or services to you. Putney Breeze may also use your personal information in other ways to provide you with better service such as by advising you of new products and services or information which may be of interest to you. You have the right to tell us that you do not want us to send information to you other than for the main purpose for which we have collected your personal information.

Putney Breeze does not generally disclose personal information to third parties. In some circumstances personal information may be disclosed to parties who perform services on behalf of Putney Breeze for the purpose of providing you with goods and services (e.g. carriers). Third parties who receive your personal information are required to comply with the Privacy Act.

We do not sell or rent any customer lists.

Storage of Information

Putney Breeze takes measures to ensure your personal information is protected from unauthorised access, loss, misuse, disclosure or alteration. We also take measures to destroy or permanently de-identify personal information when it is no longer required. The types of measures we take vary with the type of information, and how it is collected and stored.

Links

This privacy policy applies solely to information collected by Putney Breeze and may differ from the policies from other sites that you may link to from this site. We recommend that you read the privacy policy of any site that you link to or from this site.

SECURITY POLICY

At Putney Breeze we consider the security of your information to be of paramount importance. We have implemented security measures designed to provide the peace of mind you should expect when purchasing goods over the internet. When you place an order, our secure server uses SSL (Secure Sockets Layer) to connect to our website, which encrypts all the information sent from your PC. The following indicates that you have entered a secure session and will be present when you are requested to enter your credit card details:

1. The "https" in place of the usual "http" in your browser address box

2. The small padlock either at the bottom or top of your browser (this will depend on the browser you are using)

SSL (Secure Socket Layer) Certification - Verisign

Putney Breeze Online also has a current VeriSign certificate, which gives you the peace of mind of knowing that we are a legitimate company, and can provide a secure environment in which you can transact. To view details of our security certificate, please click on the VeriSign logo on the left.

Click to Verify - This site has chosen an SSL Certificate to improve Web site security

ABOUT SSL CERTIFICATES

Secure Pay

From our website we use a payment gateway called SecurePay. Putney Breeze Online uses SecurePay's Internet Payment Gateway to provide a secure environment for the authorisation of credit card transactions over the Internet. Confidential information including client credit card details are encrypted the moment they are transmitted from the client's browser to the banking network using industry standard SSL 128-bit RC4 encryption technology.

A client's credit card details are not stored anywhere on the Internet and the only company who has access to this data is the merchant's bank. The bank also sends confirmation information via the same encryption technology back to the client's browser. These secure processes provide clients with peace of mind when purchasing online.

RISK OF LOSS

All items purchased from Putney Breeze are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS

At our discretion, a refund may be issued without requiring a return. For approved refunds most refunds are provided 3-5 days after we receive and process your return. Unopened items sold and fulfilled by Putney Breeze will returned and received within 30 days of delivery will receive a full refund.

Requirements for a Full Refund

·          Items must be in new condition

·       Items must be returned with all original packaging and accessories

·       Media items must be unopened and still in their plastic wrap

No item will receive free return shipping

PRODUCT DESCRIPTIONS

Putney Breeze attempts to be as accurate as possible. However, Putney Breeze does not warrant that product descriptions or other content of any Putney Breeze service as accurate, complete, reliable, current, or error-free. If a product offered by Putney Breeze itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

We may from time to time provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Putney Breeze does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Restricted Use

You will not use the Intellectual Property to manufacture, have made, use or market a similar site or similar services in any location nor will You use the Intellectual Property for any purpose other than expressly permitted by Putney Breeze. Where Putney Breeze has indicated to You that the whole or any part or parts of the Intellectual Property comprises Confidential Information You will not at any time disclose such Confidential Information or material to any person without obtaining Putney Breezes' express written consent. You will take such steps as may be necessary to ensure that any of Your servants or agents do not disclose such Confidential Information including any Intellectual Property.

You may not and warrant that you will not:-

Copy, produce, transmit, transcribe, store in a retrieval system, or translate in any language (natural or computer) any part of the Site or the Services,

transfer or attempt to transfer any part of the Site, Product or Services or Your right to access them or otherwise make them available to any other person,

attempt to discover Putney Breeze's source code,

Sublicense, rent, resell or lease any portion of the Site, products or the Services;

Reverse engineer, decompile, disassemble, modify, translate, and make any attempt to discover the source code of the Site or Services, or create derivative works from the Site or Services except so far as such actions are permitted by applicable law notwithstanding this limitation or are approved in writing by Putney Breeze.

use the Site or the Services for any illegal purpose

No refund of fees is offered after the conclusion of the Trial Period.

You must pay to Putney Breeze within 14 days of being invoiced or receipt of a demand for payment or Notice for payment:

all charges specified in this Agreement.

any amount payable by You arising from your use of the Site or Services.

any amount for which you are liable to Putney Breeze under this Agreement in respect of any breach of the Agreement or otherwise.

You authorise Putney Breeze to charge all monies payable to Putney Breeze under this User Agreement to your account.

Putney Breeze will pay any monies payable to the You by such method as Putney Breeze may reasonably choose.

Infringement

If You learn of:

Any infringement or threatened infringement of the Intellectual Property or Confidential Information; or

Any common law passing-off which may cause deception or confusion to the public by a third party,

You must immediately notify Putney Breeze in writing giving particulars of the infringement or threatened infringement

Putney Breeze will at it's sole discretion institute and prosecute an action against in respect of the infringement.

Limit of Putney Breeze liability

You release and indemnify Putney Breeze from any and all loss or damage arising out of any loss of data or corruption of data during the transfer of such data to Putney Breeze.

Putney Breeze has no responsibility, for the settlement of transactions between any Merchant, You, it's financial institution or any other person.

To the extent permitted by law, Putney Breeze excludes all representations and warranties, express or implied, other than those contained in this Agreement. Where Putney Breeze is found to be liable for breach of any warranty or condition implied by statute and which Putney Breeze cannot lawfully exclude, Putney Breeze 's liability is limited (to the extent permitted by law) at the option of Putney Breeze to the following:

in the case of Services supplied or offered by Putney Breeze:

to the supply of the services again; or

to the payment of the cost of having services supplied again.

Putney Breeze, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:

your use of or inability to use the site, products or services;

any virus or other harmful, or potentially harmful, code which may be transmitted in connection with Your use of the site or products or services;

Putney Breeze 's negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, providers or agents arising from or related to this Agreement, the Site, Product and the Services.

Your provision of incorrect information.

Your loss of information or data.

Putney Breeze's liability for any loss or damage under this Agreement or any statute is reduced by the extent that You have caused or contributed to such loss or damage.

Putney Breeze warranty

Putney Breeze warrants that the use of any or all of the Intellectual Property according to this Agreement in connection with the Site, products or Services will not result in the infringement of proprietary or third party rights.

Putney Breeze does not give a warranty of completion of transactions. Putney Breeze does not warrant that any Merchant or financial institution will complete a transaction. Putney Breeze accepts no liability associated with such risks. You agree that you accept these risks and indemnify and hold harmless Putney Breeze in respect of such risks.

Your Indemnity

In this clause "Putney Breeze" includes parent companies, subsidiaries, officers, directors, employees and agents. You indemnify and hold harmless Putney Breeze against any claim, loss, liability, cost or expense, including legal costs on a full indemnity basis, made against or incurred by Putney Breeze in relation to:-

personal injury or death;

property damage;

economic loss;

civil or criminal penalty; or

consequential loss

any other matter Arising out of any breach by you of this Agreement or

any negligent or criminal act or omission by you;

compliance by Putney Breeze with Putney Breeze's obligations under this Agreement or

Putney Breeze's exercise or failure to exercise any right under this Agreement.

Your indemnity includes all claims, demands, proceedings, damages (actual, special or consequential) of every kind and nature, known and unknown, including but not limited to demands, proceedings, damages (actual, special and consequential) of every kind and nature taken by any third party due to or arising out of your breach of this Agreement or by your violation or breach of any law or any rights of a third party.

You agree and acknowledge that You and not Putney Breeze are liable for all loss and damage no matter how arising which is caused or contributed to by your use or misuse of the Site product or the Services.

You indemnify and hold Putney Breeze harmless in respect of any loss or damage sustained by you as a result of Putney Breeze's refusal to renew or enter into an Agreement with You and agree and acknowledge that Putney Breeze's refusal does not amount in anyway to a restraint of trade.

You indemnify Putney Breeze in respect of all loss or damage no matter how arising caused by unauthorised, illegal or improper access to the Site, Products or the Services from any terminals or access points within Your control, custody or power.