PRIVACY POLICY

Important notice!

These GENERAL TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Website, Content and/or Services. These Terms of Service are available on our Website. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and MishK. By accessing and using mishkpeakperformance.com, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Website is at ALL times governed and subject to these Terms of Service, Privacy Policy and all auxiliary documents you are given access to, and thereby acquainted with. MishK is a legitimate and legally bound Service, having all appropriate authority-issued authorizations to provide and conduct the line of work offered. MishK is owned by a Sole Trader. References in these documents to MishK, “We” or “Us” mean the mishkpeakperformance.com Website or its owner, or an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns thereto, where appropriate. MishK is not owned by a Parent Company. References to “You”, “Your” and “User” mean the person, group or other entity utilizing MishK. you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY MishK, its Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with MishK, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. MishK, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.

PRIVACY POLICY

1.1. Express Licensing Grant MishK hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract MishK stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.

1.2. Copyright Notice

Inquiries for copyright infringement. Actions taken against individuals infringing copyright or other proprietary right.

This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all Australian governing law and international intellectual property law standards. MishK, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between MishK, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. MishK DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. MishK DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by Australian applicable law does not exclude the possibility of MishK treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded

1.3. Law Enforcement. Inquiries of potential Abuse MishK may disclose your personal information in the range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. MishK may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, MishK WILL NOT disclose more information than the minimal range which is prescribed by governing law. MishK reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of MishK and it will include any steps that MishK finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.

2. PRIVACY STATEMENT MishK respects the privacy of its users. MishK will NOT treat personal information of any kind in any other manner, apart from the one prescribed by applicable Australian Law, and the manner which is further prescribed in this Privacy policy. Any information you provide, namely for subscription, registration, transaction or other purposes is presumed to be given willingly, and will be used exclusively to follow the aforementioned purposes. MishK may collect and use in a manner prescribed by this Privacy policy’s provisions the following personal information: – Information of your use of this Website; – Information you provide in order to register with the Website; – Information you provide in order to subscribe to Newsletters and other Website services (including your: e-mail address or other profile credentials); -Information you provide exclusively in order to purchase Products, merchandise or services via this Website. MishK may use your personal information to further: Administer the Website, publish your information on the Website; Generate content from your personal information and publish it on the Website; – Personalize your Website experience and/or enable access to certain sections of the Website (including, but not limited to: purchased or exclusive Website services); – Send you your purchased Products and/or merchandise, statements and/or invoices, special offers, newsletters and/or other marketing communications etc. or to collect payments from you.

2.1. Advertisements, Cookies and Clear gif notice. Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the Website. Cookies are small pieces of data stored locally on the Users’ Browsers. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. Session Cookies expire once you close your browser. MishK’ss Website may include advertisements in various forms. Please note that MishK does not regulate the advertisement content policy of its Partner Websites, Software or Services. MishK reserves the right to use cookies and other monitoring technologies to compile anonymous statistics about its Users. MishK does not believe that this monitoring could lead to disclosing your identity. You can manually change your cookie preferences. Clear gifs are small graphic files embedded in a Website to track the online movements of Users. In contrast to Cookies, Clear Gifs are not stored on your computer. MishK does not tie online movement or Website usage data to personal information. Google AdSense is a third-party advertising service to provide you with specific targeted advertisements according to your preferences, according to your behavior and searches on the Internet. We use Google Analytics as our third-party statistic provider, which gathers certain information from User behavior on Our Website. The information both Services gather are not personal information like your name, personal or e-mail address or telephone number, but rather information about you’re browsing on the internet and behavior on Our Website.

2.2. Communications from the Website MishK will occasionally send information on Products, Services, special deals, promotions or Newsletters you have subscribed to. You may choose not to receive these types of communications by opting out. MishK may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are not promotional in nature, and if you wish to not receive these announcements, you have the option of deactivating your account. Please note that MishK may also use Third-party delivery systems to contact you and provide you information via e-mail. These systems do NOT retain, store, use or share your personal information other than the stated purpose.

2.3. Information collection and range of use Any forms you fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service or subscription provided by MishK trough this Website will be used only for the purposes of registration, identification and/or possible delivery.

2.4. Use of information Personal information collected by MishK is primarily used to customize Your User experience this may include personalized Services, communications and other Services, which are provided by MishK. Personal information may also be utilized to deliver you personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences.

2.5. Opt-outs In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly and as stated in the introductory clauses, all further usage of your personal information is subject to your further consent. You therefore have the choice of denying us access or not providing us this information. Secondly, you may manually change the preferences of the range of use of personal information manually (if allowed) or directly contact via e-mail, post or telephone number, or by using our Online Support service located on our Website.

3. CONTENT 3.1. Submissions on MishK For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by MishK. All content uploaded to this Service is to be regarded primarily as a User Submission. MishK reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. MishK does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant MishK a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to MishK in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of MishK, the name or nickname of the user will be included as a form of accreditation. Pictures must not contain any nudity, profanity, nothing pornographic, obscene or indecent. Along with the aforementioned guidelines, you must further follow these guidelines while submitting Profile pictures: A Profile picture must contain the Submitter’s face or (if it comes to a Seller) logo or emblem clearly, without any additional text or contact information. MishK reserves the right to review your picture after Your Submission, prior to your giving consent for you to publish it. Please note that once shared, Pictures, Profile pictures and other Submissions (picture, text, video, listings, offers, samples, snippets or other multimedia – thereinafter referred to as: User Submissions) are published and MishK cannot and does not guarantee any confidentiality regarding Your User submission. Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. Upon sharing Your User submission, You retain Your proprietary rights, and further grant MishK a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, displayed and reproduced in certain areas of this the MishK Website for promotional or competitive reasons. This license is perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. MishK Does not endorse any Submission or opinion, recommendation or advice expressed therein. MishK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM User Submissions.

4. PAYMENT 4.1. Orders and Payment In order to purchase a Product from MishK, certain personal information is required. You should expect to provide contact information (name, e-mail, address) and financial information (billing credentials). This information will be utilized in no other way than billing purposes, contact purposes or authorization, regarding submitted Orders. Upon purchasing a product from MishK, you may be prompted to an authorized third-party website, in which a contract with your specifics is to be generated. Please note that the specifics in the checkout are to supersede any previous offers made on MishK Website. MishK utilizes Third-party credit card processing Companies to bill you for ordered Goods and/or Services. These Third-party Companies do NOT retain, share, store or use personal information for any other purposes than billing. Upon submitting a successful payment, a sale is concluded. Concluded sales are further governed by the Return and Refund policies, which are available to read on our Website.

5. SECURITY 5.1. Security Measures. Disclaimer on Safety MishK takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. MishK follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us.

5.2. Fair information practices This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If MishK does not disclose such a breach knowingly and within a reasonable time period from such an occurance, Users may seek relief from the Service.

6. OTHER CONTRACT PROVISIONS 6.1. Jurisdiction If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under Australian Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with Australian Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by Australian law.

The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of Australia. Subsequently to the aforementioned, Australian Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly.

6.2. Indemnification You hereby agree to indemnify and hold MishK, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the MishK’ss Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

6.3. Interpretation guidelines This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.

6.4. Continuity In the event that MishK goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with MishK). You will be notified via e-mail of any such change of ownership of your personal information.

MishK reserves the right to discontinue any portion of the whole service with or without previous notice. MishK is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of MishK and the Return and Shipping policy.

Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page.

6.5. Ascent These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and MishK.

6.6. Agreement This Privacy policy reflects the policy of MishK in regards to your usage and privacy practices of this Website. They are further intended to inform MishK’ss Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.

6.7. Consumer protection Rights No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.

6.8. Headings Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.