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.
GENERAL TERMS OF SERVICE
1.2. Usage Guidelines. Copyright notice.
1.3. Anti-solicitation provisions
One shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with MishK; becoming employed by, or work for any other person, group or entity other than MishK. One shall further withhold from soliciting or causing an existing or potential Customer to cease using MishK and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with MishK’s Products and Services. One may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions. One shall further withhold from making any slanderous, negative or defamatory statements about MishK or any of its Representatives, which may result in hurting the reputation, image or goodwill of MishK or its Representatives.
2.1. ACCOUNT USAGE
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of MishK are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing on MishK” subsection. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from MishK).
Certain information stored in small pieces of data may be used by the Service in order to generate anonymous analytics and advertisement placements. This information is collected from Users’ behavior on the internet and our Website. They are used to generate feedback on the most relevant and visited aspects of our Service, as well as present targeted advertisements in which you may have interest in. MishK, having respect to the personal information you willingly provide for us, assures you that this information is not, in any way whatsoever, relatable to your identity.
2.3. 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.
3.1. PURCHASES ON MISHK
MishK offers a variety of Products, more closely described in our Return and Refund policy, which is available on our Website. For the purposes of this subsection, a “concluded sale” is a sale which has been successfully paid for. MishK offers various products in a dedicated part of its Website. Upon selecting a product, you are to be prompted to a third-party website, where you will see all the specifics of your selected product. Please note that the specifics depicted upon checkout in the third-party authorized website are to supersede any offers made on MishK’s Website. All further information submitted is solely in order to purchase your selected product. Please note that the Authorized third-party website collaborates with MishK in order to deliver you a smooth and enjoyable experience. All further rights and obligations from concluded sales are described in our return and refund policy.
3.2. Third party payment protocols
MishK and Third-party authorized websites use third-party billing protocols in order to securely process your payment. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks.
3.3. Redeems from another source
Services may be claimed in manner of redeeming of a (including, but not limited to: a gift code or a code received by social media). The Service shall verify the code, and the User shall be gained access to the services redeemed. The Service may, as part of the advertisement strategy, issue coupons for certain social media users. Please follow the instructions on such coupons and/or gift codes, as the Service may reject expired coupons.
4.1. BREACH OF TERMS. ACCOUNT TERMINATION. INQUIRIES.
MishK reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. MishK further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. 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. Sanctioned by Australian Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by MishK under its sole discretion.
4.2. Discretional Rights
Methods of preventing further damage or nuisance towards other Users may, MishK’s staff or other third parties towards which Users have committed a breach of their rights include: – Suspension or Termination of Your User Account with or without previous notification; – Temporary or permanent Bans from Our Websites with or without previous notification; Other methods MishK’s staff/administrators see fit. Further note that MishK, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that MishK may disclose Your personal information in the NECESSARY range under Australian Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case MishK needs to comply with the demands (namely formal requests) of appropriate State authorities.
5.1. SECURITY AND PRIVACY
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. Personally, identifiable information is kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us. No method untill today is a hundred percent safe, but we continuously work to maintain well-secured platform for our Users. We, as a Service, bound by ethics and ethiquette, oblige ourselves to notify you via e-mail in case our Service has suffered a data breach as soon as we find out about the Breach. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
6.1 MISHK SOFTWARE LICENCE AGREEMENT
This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between MishK and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of MishK’s software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this website or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using MishK’s software, websites, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using MishK’s software, website and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions.
6.2. 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.
7. OTHER CONTRACT PROVISIONS
MishK’s website, content and services are all provided “as is”. MishK does not unilaterally provide any express or implied terms, representations, warranties or conditions. MishK, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that MishK has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that MishK had been advised of the potential loss. MishK does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, MishK does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. MishK is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of MishK’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by Australian Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with Australian Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
If any provision of these Terms of Service 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.
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’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
7.4. 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.
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.
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.
8. ASCENT AND END PROVISIONS
8.1. Document as a whole
These Terms of Service reflect the policy of MishK in regards to your usage of this Website. They are further intended to inform LCP Service’s 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.
8.2. Consumer Protection Clause
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.
You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.