Total Performance Group Privacy Commitment - Overview

Total Performance Group is committed to protecting the privacy of our users. We want to provide a safe, secure user experience. We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein. The following reflects our commitment to you.

Information About All Total Performance Group Visitors

In general, we gather information about all of our users collectively, such as what areas users visit most frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our partners, but only in the aggregate, so that they too may understand how Total Performance Group visitors use our site, so they may create a better overall experience for you, as well.

Information About You Specifically

In some instances, when you sign up to use a service or purchase a product, for example, we may need more specific information about you, such as name, address, e-mail address, telephone number, credit card number, type of computer, etc. If you give us permission, we may use that information to make you aware of additional products and services which may be of interest to you, or to contact you regarding site changes. We may also ask you for other information, such as information on your interests, your likes and dislikes regarding the site, etc., in an effort to deliver to you the best possible site experience.

Total Performance Group also provides you with the opportunity to opt-out of these types of communications. If you choose to receive these types of communications at the time of registration, but later decide you no longer want to receive them, simply log onto Total Performance Group Pty Ltd and contact us via email informing us.

General Information Disclosure

We do not disclose information about your individual visits to Total Performance Group, or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, etc., to any outside parties, except when we believe the law requires it. But, we may record and share aggregated information with our partners.

Online Order Security

When you place an order online, your personal details and credit card information are scrambled using SSL encryption technology before being sent over the Internet. Although we cannot guarantee encryption or the privacy of your personal details and credit card information, SSL makes it very difficult for your information to be stolen or intercepted while being transferred. When we receive your order, it is kept encrypted until we're ready to process it.

Feedback

Total Performance Group has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes the property of Total Performance Group. We may use this feedback, such as success stories, for marketing purposes, or to contact you for further feedback on the site.

Children

We do not specifically collect information about children. We believe that children should get their parents' consent before giving out personal information. If you are concerned about your child's use of Total Performance Group we encourage you to use Web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with Total Performance Group.

Privacy Commitment Changes

If we decide to change our privacy commitment for Total Performance Group, we will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. If, at any time, you have questions or concerns about Total Performance Group privacy commitment, please feel free to email us at tpg@totalperformancegroup.com

Thank you for using Total Performance Group. We'll keep working hard to earn your loyalty.

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This page states the Terms and Conditions under which you may use Total Performance Group. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of this Agreement. Total Performance Group (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of Material

The Company authorises you to view and download a single copy of the material on totalperformancegroup.com (the "Web Site") solely for your personal, non-commercial use.

The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both Australian and foreign laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company’s copyright.

Acceptable Site Use

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses. The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).

Deleting or revising any material posted by any other person or entity.

User Information

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

By submitting content to any public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify the Company of any unauthorised use of your registration or password.

The Company’s Liability

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

Termination

The Company reserves the right, at its sole discretion, to immediately terminate your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of this Agreement.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its' officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of Australia. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Commonwealth Government of Australia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Brisbane, Australia.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

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