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Terms of service
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Our terms of service

These Terms of Service form a legal agreement between you and Premier Networks Pty Ltd ABN 16 089 249 347, that governs your access to and use of Premier Networks Pty Ltd goods and or services. Please review these Terms of Service before you decide whether to accept it and continue with the registration process.

BY CLICKING ON THE "PLACE YOUR ORDER" OR THE "SEND YOUR ORDER AND GET THE REFERENCE NUMBER" BUTTON ON THE ORDERS PAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Background:

* We produce and operate various websites ("Sites") offering

general information concerning Home based business and Weight loss programs to assist members of the public with their required needs.

* You have requested access to details of Site users seeking further information about Home based business and or weight loss solutions.

* We have agreed to provide you with access on the terms and conditions set out in this Agreement.

Definitions:

In this Agreement, these terms have the following meanings:

Agreement, means this agreement.

Leads, are generated when a site user submits their name through the Site and which may include their email address and/or their telephone number. This information may then be sent in the form of a prospective customer lead.

Leads are not generated by us through SPAM.

Confidential Information, includes all communication, data, information supplied by you or us to each other, including Leads, except information (a) already in the public domain; (b) required to be disclosed by law, regulation, code etc; (c) received from a third party who is authorised to make the disclosure.

Cost Per Lead (CPL), means the amount, in Australian dollars, payable to us in respect of each Lead we provide to you.

Term, means the term of this Agreement, which commences on the date determined on the top of this page and will continue until terminated in writing acknowledged by both parties.

In addition the following defined terms appear in these Terms of Service.

*"You", "you" or "Buyer": A Customer that registers to use, Premier Networks Pty Ltd lead services and makes a Payment Transaction for these services. * Premier Networks Pty Ltd Web Sites: The web site pages of Premier Networks Pty Ltd, or affiliated or partner company. *Payment Instrument: The credit card or debit card that is registered by a Customer to facilitate the processing of Payment Transactions. *Payment Transaction: The processing of a payment that results in the debiting or charging of the Purchase Amount to a the Buyers account and crediting of funds to Premier Networks Pty Ltd *Product: Any good or service that is listed for sale with Premier Networks Pty Ltd that a Buyer may pay for. *Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable. *Service: The Premier Networks Pty Ltd lead service, described in these Terms of Service * " Premier Networks Pty Ltd ", "we", or "us": Premier Networks Pty Ltd

Your Obligations You agree to be bound by this Agreement BY CLICKING ON THE "AGREE AND CONTINUE TO SEND SECURE ORDER" BUTTON ON THE REGISTRATION ORDERS PAGE You acknowledge that Leads are provided by us and may only be used for the purpose of providing information and advice concerning home based business and or weight loss products and services to the persons specified in those Leads.

* You agree to pay for all Leads in accordance with the terms of this Agreement. * You may cancel our service with no refund (but no earlier than 3 days from the commencement of this Agreement) * You acknowledge you may only use our name or trade marks in your promotional activities with our prior written consent.

Our Obligations

We agree to use reasonable commercial efforts:

* to display the Sites on the internet; and * to deliver Leads to the email address nominated by you.

Requirements for Registration

In order to use the Service, you must complete all required information elements on the Service registration web pages. You must input a valid credit or debit card as a Payment Instrument to make Payment Transactions and pay fees and other obligations arising from your use of the Service. You must provide current, complete and accurate information and maintain it as current and accurate though communication with us on linda@platinumleads.com.au email contact. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

You authorize us to confirm that your Payment Instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association rules. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Service.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

By agreeing to these Terms of Service for, you represent that you are:

* 18 years old or older; and * capable of entering into a legally binding agreement.

If you are a business entity, you also represent that:

* you are duly authorized to do business in the country or countries where you operate; and * your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service and all transactions conducted under this instruction

Lead Delivery

You acknowledge that we will issue leads via email correspondence to your required submitted email address

Confidentiality and Privacy

* During and after the term of this Agreement, each party agrees not to use or disclose any Confidential Information to any third party unless first agreed in writing. * You acknowledge the Leads contain personal information of Site users and agree to comply with all applicable laws concerning privacy in Australia, including but not limited to the National Privacy Principles stated in the Privacy Act (Commonwealth) 1988.

Payment Transaction Processing

The Service will store information from Buyers, such as their Payment Instruments and shipping information, and will process Payment Transactions through the appropriate credit card or debit card network. Premier Networks Pty Ltd may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, these Terms of Service for Buyers, or other applicable Premier Networks Pty Ltd or Service policies, as determined in Premier Networks Pty Ltd's sole and absolute discretion. You authorize the charge to Premier Networks Pty Ltd Payment Instrument as necessary to complete processing of a Payment Transaction.

You acknowledge and agree that your purchases of Products are transactions between you Premier Networks Pty Ltd any of Premier Networks Pty Ltd's affiliates.

Limitations on the Use of Service

We may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice.

We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service). We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension.

Privacy

You understand and agree that personal information provided to us in connection with the Service we provide is required to do business together. When you sign up for Premier Networks Pty Ltd's services we ask for your personal information so that we can provide you with the service. The information we require to register for the service includes your name, credit or debit card number, card expiration date, card, address, phone number, and email address. Certain information about your sales or transaction volume. This information allows us to process payments. In some cases, we may also ask you to send us additional information or to answer additional questions to help verify your information. The information we collect is stored safely by Premier Networks Pty Ltd

Use of Electronic Communications

We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on a Premier Networks Pty Ltd Web Site. You agree that we may communicate with you by means of electronic communications: these Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at registration or as revised by you thereafter in accordance with these Terms of Service, or when we post the electronic communication on a Premier Networks Pty Ltd Web Site.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the email address linda@platinumleads.com.au communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the email address linda@platinumleads.com.au to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

Service Fees

The financial institution that issues your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees. Refunds If you believe your account has been opened or used in an unauthorized manner, please contact us immediately. Except as set forth in these Terms of Service, all Payment Transactions processed through the Service are non-refundable

Termination of Service

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.

Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

Buyer Responsibility for Taxes

The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions.

Exclusions and Limitations of Liability

Under no circumstances will we be liable for any special, loss of profits, indirect or other damages, whether based in contract, tort or otherwise, including any non-availability of the Site, arising out of or related to this Agreement (even if we have been advised of the possibility of such damages). Our total liability under this Agreement is limited to the total amount of fees paid or to be paid by you to us under this Agreement. We make no warranty that:

* Leads will meet your requirements; * Use of the Site will be uninterrupted, timely, secure or error-free; or * Information supplied by Site users and set out in the Leads will be accurate.

You acknowledge Leads are provided on an "as is" and "as available" basis and that we do not guarantee any sales will be generated through use of our Leads. You acknowledge and agree that any business dealings obtained through any Lead, including any payment or delivery of any goods or services, and any other terms, conditions, warranties or representations associated in those dealings, are solely between you and the subject of those Leads. You further agree that we will not be responsible or liable for any loss or damage whatsoever incurred by you arising through any Lead.

In addition to and without limiting any of the foregoing, no Premier Networks Pty Ltd Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

Warranties and Indemnities

You warrant to us that:

* You are free to enter this Agreement and will comply with all terms;

* You will not use Leads for any purpose that is unlawful or prohibited by the terms of this Agreement; and

You agree to indemnify us from any loss, injury, damage, action, claim, legal costs or other expenses arising through any dealing you may have with any Lead, or any breach of any warranty or other term of this Agreement by you

No Representations of Warranties

We make no representations and disclaim all implied or express warranties relating to all or part of our services provided or to be provided to you under this Agreement including any implied warranty of merchantability or fitness for a particular purpose where permitted by law. We also disclaim any warranty or representations relating to the number of Site users, the accuracy of information submitted by them or any benefit you may obtain from the display of the Site.

Modification of Terms of Service for Buyers

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a Premier Networks Pty Ltd Web Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Choice of Law

This Agreement is to be governed and interpreted in accordance with the laws of New South Wales. You and we agree that the only courts that can hear a dispute relating to this Agreement will be the courts of New South Wales. In the event of any disagreement concerning this Agreement, you and we agree to enter good faith negotiations to resolve any matter in dispute prior to commencing any proceedings.

Miscellaneous

No variation or waiver of any rights under this Agreement will be effective unless in writing, signed by both parties.

You and we agree that the failure of one party to insist upon the strict performance by the other of any part of this Agreement, or to exercise any rights under this Agreement will not be taken to be a waiver of that party's right to enforce those parts or rights.

If any part of this Agreement is held to be invalid, illegal or unenforceable in any respect, under any applicable law, the remaining parts of the Agreement will remain in full force and effect.

Nothing in this Agreement is to be construed as creating any relationship of partnership, joint venturers or agency between us.

You may not assign any rights you may have under this Agreement unless we first agree to this in writing.

Neither party will be considered to be in breach of this Agreement or liable to the other for any loss or damage resulting from an event that is not within that party's reasonable control (a "force majeure" event) provided the affected party notifies the other in writing as soon as is practicable of the nature of that event or circumstance.

You acknowledge and agree that we own all rights relating to the Site (including but not limited to Site content) and any adaptations, translations or modifications are also retained by us.

Any notice or other communication required to be given under this Agreement will be effective if delivered by post on the third day after posting, by email on receipt of delivery confirmation or by facsimile on receipt of delivery confirmation to the contact details notified in writing by the parties to the other.

Miscellaneous

You must return to us any lead/s information that has unsubscribed from receiving further information about the products or service. This information needs to be all intact so as we can then match this with our un-subscribes data list.

The information contained in the lead can be used to contact the party searching for the required goods or service for a period of 14 days, if no such contact or mutually agreed communication is made with the searching party by this time this information must not be further contacted and discarded.