Terms of Use

Terms of Use

Last updated: 9 February 2026

These updated Terms of Use will take effect for existing users on 1 March 2026. For new users, the updated Terms of Use are effective immediately upon acceptance.

PESI AU PTY LTD (“Company”, “PESI”, “we”, “us”, or “our”) provides access to websites, mobile applications, other online platforms, and various digital products and services (collectively, “Services”). We also organise and host live, online, and in-person training and events (“Events”), and market, sell, and distribute a range of products and goods (collectively, “Goods”). These Terms of Use (“Terms”) govern your access to and use of the Services, attendance and participation at our Events, and the purchase and use of our Goods. BY ACCESSING, ORDERING, USING, OR REGISTERING FOR, ATTENDING OR PARTICIPATING IN ANY OF THESE OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

Please read these Terms carefully before using the Services, ordering or using Goods, or registering for, attending, or participating in Events. They contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.

You may not order, obtain, or access Goods or Services, or register for, attend, or participate in Events if you (a) do not agree to these Terms, (b) are under 18 years of age, or (c) are prohibited from accessing or using any of our websites or any of the websites’ contents, Goods, or Services by applicable law.

Some of the Services, Goods, and Events are also governed by supplemental terms. Those supplemental terms are part of our agreement with you. To the extent that any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.

1. Interpretation and Definitions

Interpretation

In these Terms, the words below will have the meanings provided next to them. The definitions will have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

Account means a unique account created for you to access our Services or parts of our Services, to order Goods, or to register for Events.

2. Privacy

We collect personal information about you through and in connection with your use of our websites, your purchase or use of Goods and Services, or your registration for or attendance at or participation in Events. Please see our Privacy Notice for more information regarding our collection, use, disclosure, and processing of your personal information. It also tells you about your privacy rights. Please read our Privacy Notice carefully before using the Services, ordering or using Goods, or registering for or attending Events. You have the option to manage your privacy choices here. Our Privacy Notice forms an integral part of these Terms and is expressly incorporated herein.

3. Placing Orders

By placing an Order with us, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an Order, you may be asked to supply certain information relevant to your Order, including, without limitation, your name, email, phone number, credit card number and expiry date, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; (ii) the information you supply to us is true, correct, and complete; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

By submitting such information, you grant us the right to provide the information to third-party payment processors for purposes of facilitating the completion of your Order.

Order Acceptance

You agree that your Order is an offer to buy or obtain, under these Terms, Goods and Services or to attend an Event listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Goods or Services to you or to enrol you in Events. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you a confirmation email with your Order number and details of the items you have ordered. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.

Order Refusal or Cancellation

We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:

We reserve the right to refuse or cancel your Order if we suspect fraud or an unauthorised or illegal transaction.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and our Returns Policy. Our Returns Policy forms a part of these Terms and is expressly incorporated herein. Please read our Returns Policy to learn more about your right to cancel your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as you received them. You should also include all of the product instructions, documents, and wrappings. Goods that are damaged or not in the same condition as you received them or which are used simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.

If Goods are eligible to be returned, we will reimburse you no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of Goods, Services, and Events. The Goods, Services, and Events marketed on our websites may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods, Services, and Events, and the advertising on our and other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

All prices posted on our websites are subject to change without notice. The Company reserves the right to revise its prices at any time prior to accepting an Order.

Unless otherwise specified, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.

Payments

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an Order. All Orders are subject to a one-time payment. Payment can be made through various payment methods we have available from time to time, such as Visa, MasterCard, Affinity Card, American Express, or online payment methods (for example, Stripe, PayPal, Google Pay, or Apple Pay).

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of your Order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the Goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the Goods to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Product Returns and Refund Policy

If you are not satisfied with any Goods, please contact our Customer Service department so we can quickly investigate the issue.

Except for Goods designated on our websites as non-returnable, if you experience any audio, video, or technical issues with Goods or if the content or continuing education credits do not meet your needs, PESI will gladly accept returns within 90 days of purchase for a refund of your purchase price, less the original shipping and handling costs and/or cancellation fees if applicable. Please contact Customer Service before returning the Goods. Customer Service can be reached via our contact us page. If returning physical product, please print your packing slip and place it in the package with the item(s) you are returning. In addition, please include a note explaining why you are returning the item(s). You can send your returns to the following address. Return address: 10 Help Street, Suite 100, Chatswood NSW 2067.

You are responsible for all shipping and handling charges on returned items. You carry the risk and will be liable for any loss or damage that may occur during the return shipment.

Refunds are processed within approximately 5-7 business days of our receipt of returned Goods. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON OUR WEBSITES AS NON-RETURNABLE. In the rare event that we determine there has been an abuse of our Return Policy, we will not accept a return or exchange, even within 90 days of purchase.

4. Subscriptions

Subscription period

Some Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, to the extent permitted by applicable law, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. We will notify you in advance of any renewal for Subscriptions, as required under applicable law.

Subscription cancellations

You may cancel your Subscription renewal either through your Account settings page or by contacting the Company at through our contact us page. You will not receive a refund for the fees you already paid for your current Subscription period, and you will be able to access the Services until the end of your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information, including full name, address, state, postcode, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Consistent with applicable law, the Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

5. Payment Plans

Purchasing With Payment Plans

Some parts of the Service are available with a paid Payment Plan. If you choose to purchase any of our Services with a Payment Plan, an automatic recurring payment will be made by you on a periodic basis (such as weekly, or monthly), depending on the type of Payment Plan you select when purchasing the Services.

You can also choose to pay using Klarna. Klarna will provide you with specific payment terms. For further information or questions regarding your payment please visit Klarna’s website.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, postcode, telephone number, email address, and valid payment method information. Temporary or disposable email addresses must not be used.

Automatic Recurring Payment Failure

If your automatic recurring payment is declined or unable to be processed for any reason, we will attempt to contact you by phone or email. We may, in our sole discretion, permanently restrict your ability to use a certain payment method if that payment method fails. In the event any payment is not made and you do not make the required payment by the end of your billing cycle, your access to the Services may be suspended or cancelled.

Changing Automatic Recurring Payment

You have the right to change your automatic recurring payment method including, for example, making a change from one credit card that was initially selected to another credit card. You must authorise the recurring payment with the new credit card by calling the Company or by making changes to your Payment Plan by logging into your online account. Any changes are subject to approval by the Company. If the change is approved, your previously-approved payment method will be terminated within 24 hours of approval.

Payment Plan Cancellations

You may, at any time and without penalty, cancel your Payment Plan and pay the Company the remaining balance due on your purchase in full. In the event you cancel your Payment Plan and do not make the required payment to the Company, your service may be suspended or cancelled.

6. Promotions

Any Promotions on our websites may be governed by rules that are separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

7. User Accounts

When you create an account with us, you must provide us with 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 Services.

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

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

The Services and any content viewed through the Services are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable right to access the Service and view content through them. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the Services for public performances or commercial use.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

8. Communications

We may communicate with you electronically (including by email, text message, phone, push notifications, or by posting notices within the Services) regarding your Account, Orders, Subscriptions, Events, customer service, and other service-related matters, including security, authentication, transaction confirmations, billing, and service updates.

Electronic communications may be subject to delays, delivery failures, or other issues outside our control (for example, carrier limitations, network issues, device settings, or inaccurate or outdated contact information). We do not guarantee the delivery or timeliness of any message. You should not rely on text messages as your sole means of receiving important information and are responsible for monitoring your Account and other communications we send.

Text Messages (SMS)

We may send you text messages for the service-related purposes described above, including, for example, event reminders, schedule updates, account alerts, security or authentication notices, or other time-sensitive service communications. Message and data rates may apply and message frequency may vary. If you opt out of text messaging or are otherwise unable to receive text messages, you may no longer receive certain service-related communications by text message and may need to use another method or update your account settings (including authentication preferences).

Marketing

We may also send you promotional or marketing communications. You may opt out of marketing at any time by following the instructions provided in the message (including unsubscribe links in emails) or by updating your communication preferences. If you opt out of marketing we may still send you service-related or transactional communications.

Contact Information

You are responsible for ensuring that the contact information associated with your Account (including your email address and phone number) is accurate and kept up to date, and for maintaining access to and control over the email address, phone number, and other contact details you provide. We may rely on the contact information you provide in your Account to send communications to you, and such communications will be deemed received when sent to the contact details then associated with your Account. You acknowledge that if your contact information is outdated, inaccurate, reassigned, or accessed by someone else, you may not receive important communications and we are not responsible for any resulting loss or harm. SMS is tied to the Account holder, not the device or who is physically holding it. If you lose access to or believe the email address or phone number associated with your Account has been compromised, you must promptly update your contact information and notify us.

You must ensure that any phone number you provide is current, accurate, and registered to you. You must promptly update your Account if your phone number changes, is reassigned, or is no longer under your control.

You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. Content

Your Right to Post Content

Our Service allows you to post Content. You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

By posting Content to the Services, you grant us the worldwide, irrevocable, and transferable rights and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this licence includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Services’ users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but not the obligation, to determine, in its sole discretion, whether any Content is appropriate and complies with these Terms, and to refuse or remove this Content. The Company further reserves the right to format, edit, and change the manner of any Content. The Company can also limit or revoke the use of the Services if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and, to the fullest extent permitted by applicable law, you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.

10. Infringement Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes a copyright or other intellectual property infringement of any person.

If you are an intellectual property owner or authorised on behalf of one, and you believe that infringement of your intellectual property rights is taking place through the Services, you must submit your notice in writing to us using the details on our contact us page or by sending an email to dmca@pesi.com.au and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and legal fees) for misrepresenting that the Services or any Content is infringing your copyright or other intellectual property rights.

11. Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Services and all material on our websites is protected by copyright, trademark, and other laws, including, without limitation, the Copyright Act 1968 (Cth).

Subject to additional terms or policies governing your purchase of, subscription to, and/or use of specific Services, we grant to you a limited, non-transferable, non-exclusive, non-sublicensable licence to use the Services for their intended purpose and subject to the terms contained in these Terms and the applicable Privacy Notices.

You are responsible for meeting the then-current hardware, operating system, Internet browser, and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by us. You acknowledge that the licence granted under these Terms does not provide you with title to or ownership of the Services, or the Goods, but only a right of limited use subject to the terms and conditions of these Terms.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) content and information contained on or obtained from or through the Services. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means (including, without limitation, artificial intelligence systems) to access the Services or to collect or record content, data, or information from the Services or any of our websites; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or use any data mining, data gathering or extraction method, or any other means to collect content, data, or information from the Services; without our prior written consent, use the Services or the content of any of our websites for the development of any software program, model, algorithm, or artificial intelligence system, including, but not limited to, training, development, or operation of a machine learning or artificial intelligence system. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Services if you violate these or are engaged in illegal or fraudulent use of the Services.

You shall not frame, mirror, deep link to, or embed any part of the Services or our websites without our prior written consent.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Without limiting the aforesaid prohibition, you shall not use our trademarks, logos, or branding in any way that suggests affiliation with or endorsement by the Company unless expressly authorised in writing.

12. Your Feedback to Us

You hereby assign to the Company all rights, title and interest in and to any Feedback you provide. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction or compensation to you.

You represent and warrant that you have all necessary rights to submit such Feedback and that it does not violate the rights of any third party. You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising out of or related to such Feedback.

We are not obligated to review, use, or respond to any Feedback you submit.

13. Links to Other Websites

Our websites may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that, to the fullest extent permitted by applicable law, the Company 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

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

14. Termination

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

Upon termination, your right to use the Services will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Services.

15. Limitation of Liability; Indemnity

To the maximum extent permitted by applicable law, in no event shall the Company or its directors, officers, employees, agents, contractors or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, arising out of or in any way related to your purchase or use of any Goods or Services, registration for, attendance at or participation in Events, inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms (however caused and on any theory of liability, including negligence), even if the Company or any supplier is aware or has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by applicable law, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to us for the relevant Goods, Services, or Events. You acknowledge that if no amount is paid by you to us for the Goods, Services, or Events, your remedy shall be limited to injunctive relief only unless otherwise permitted by law, and you shall not be entitled to damages of any kind from us, regardless of the cause of action.

The above provisions are subject to any rights you may have under any applicable law (including the Australian Consumer Law, to the extent applicable) that cannot be excluded, restricted or modified by agreement of the parties. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these situations, each party’s liability will be limited to the greatest extent permitted by law.

You agree to indemnify and hold PESI and its Associated Entities and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your purchase or use of any Goods or Services, your attendance at or participation in Events, or any violation of these Terms or of any law or the rights of any third party.

16. “AS IS” and “AS AVAILABLE” Disclaimer

The Services, Goods, and Events are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PESI AU, on its own behalf and on behalf of its Associated Entities and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, Goods, and Events, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services, Goods, or Events will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its providers or suppliers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The above provisions are subject to any rights you may have under any applicable law (including the Australian Consumer Law, to the extent applicable) that cannot be excluded, restricted or modified by agreement of the parties. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

17.  Professional Recognition Disclaimer

PESI provides continuing education (CE) and continuing professional development (CPD) content for informational and educational purposes only. It is your sole responsibility to determine whether any content provided by us or your participation in any Event, course, or training offered by PESI satisfies the requirements of your licensing board, employer, professional body, or regulatory authority.

PESI does not guarantee or warrant that any content, course, training, or certificate will be accepted or recognised by any third party for purposes of certification, accreditation, professional development, or licensure. You are encouraged to verify applicability with the relevant organisation before enrolling.

18. Force Majeure

We are not responsible to you for any failure or delay in performing our obligations to you, including providing Goods, or Services, if that failure or delay is caused by events beyond our reasonable control. These events may include, without limitation, natural events (such as floods, earthquakes, or extreme weather); acts of terrorism, war, or civil disturbance; government restrictions, sanctions, or changes in law; epidemics or pandemics; failure of electricity supply, internet access, or hosting infrastructure; cyberattacks or denial-of-service attacks. If such an event affects our ability to perform our obligations to you, we will let you know as soon as reasonably possible and work to minimize the disruption. If the disruption continues for more than 30 days, you or us may cancel the affected order or Services. This clause does not affect such rights as you may have under any applicable law, including the Australian Consumer Law.

19. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms (and any non-contractual obligations arising out of or in connection with them) are governed by and construed in accordance with the laws of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of New South Wales.

In the event of any dispute (including any non-contractual obligations arising out of or in connection with it), you agree to submit to the personal jurisdiction of and exclusive venue in the courts of New South Wales as the legal forum for any such dispute. To the extent permitted by law, you and we agree to endeavour to settle any dispute arising out of or relating to these Terms using good faith efforts before having recourse to litigation.

These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the country where you habitually reside, including such rights as you may have under the Australian Consumer Law, to the extent applicable.

20. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

21. Sanctions

You represent and warrant that (i) you are not located in a country that is on or subject to a Sanctions List (as defined below), or that has been designated by the United Kingdom government as a “terrorist supporting” country, and (ii) you are not a Sanctioned Party (as defined below). “Sanctions List” means each of (a) OFAC’s list of Specially Designated Nationals; (b) the United Kingdom’s Treasury’s Consolidated List of Sanctions Targets; (c) the European Union Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions; (d) the US Bureau of Industry and Security Entity List; (e) the Consolidated List maintained and updated by the Australian Sanctions Office (ASO); or (f) any other applicable sanctions lists. “Sanctioned Party” means any person (entity or individual) who is subject to sanctions or export controls imposed by Australia, the United States, United Kingdom, European Union or other applicable authority, including, but not limited to any person (a) identified on any Sanctions List; or (b) who is 50 percent or more owned, directly or indirectly, individually or in the aggregate, or otherwise controlled by, any person identified in (a).

22. Assignment

We may assign these Terms, in whole or in part, at any time without notice to you. You will not assign any of your rights or delegate any of your obligations under these Terms, without our prior written consent. Any purported assignment or delegation in violation of this prohibition is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

23. No Third-Party Beneficiaries

Except as expressly provided in these Terms, including with respect to any indemnification obligations these Terms do not and are not intended to confer any rights or remedies upon any person other than you.

24. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable, invalid, void or illegal, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect, failing which that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. The waiver by the Company of any right or provision will be effective only if in writing and signed by a duly authorised representative of the Company.

25. Translation Interpretation

We may make a translated version of these Terms available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.

26. Changes to These Terms or the Services

You are responsible for reviewing these Terms periodically for changes. We reserve the right, at our sole discretion, to change or replace these Terms at any time. If a change is material, we will make reasonable efforts to tell you. What constitutes a material change will be determined at our sole discretion. We may make non-material changes at any time without specific notice to you.

By continuing to access or use our websites or Services after those changes become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, in whole or in part, you must stop using our websites and Services.

We may sometimes need to change or remove features of the Services or stop providing the Services partially or totally. Except to the extent required by law, we have no obligation to provide replacements for those features or the Services. We do not guarantee uninterrupted or error-free operation of the Services and may suspend, restrict, or modify access at any time, including for maintenance, security, or operational reasons. We are not liable for any loss or inconvenience caused by any interruption or suspension of access to the Services, whether planned or unplanned.

27. Contact Us

If you have any questions about these Terms, you can contact us on this page: https://www.pesi.com.au/contact-us/.

Mailing address:

PO Box 161
Chatswood NSW
2057 Australia

 

Street address:
10 Help Street
Suite 100
Chatswood, NSW 2067

 

Accessibility

PESI is committed to making its services and content accessible to individuals with disabilities. If you need these Terms of Use in an alternative format, or require accommodations to access our services or participate in an event, please contact us. You can reach us by email at info@pesi.com.au, or through our contact form. We will make every reasonable effort to support your needs.