Who we are
Our website address is: https://passive-perception.com.
We are a couple of old friends who make dumb jokes about dumb topics.
Nothing we discuss should be taken seriously. We shouldn’t be taken seriously. We don’t necessarily believe anything we say, most of what we say is sardonic or ironic, and references material which changes the meaning it appears, as anyone in our consistent audience will be aware of.
Terms and Conditions
By using the website you agree to be bound by these terms and conditions.
You confirm that if you are using the website for business uses, including as an owner or employee of a business, agent or acting for any corporate entity in any capacity, you have the ability to enter agreements on behalf of the business, individual or represented entity. You agree that the business and you personally agree to this agreement with both parties to be are jointly and severally bound.
The terms ‘us’, ‘we’, ‘podcast’, ‘passive perception’, ‘passive perception podcast’ all mean the entity/ies providing the services of this website including related services.
Data Collection
We collect and may share or otherwise disclose information about users and subscribers with third parties for the purposes of:
- Delivering our service;
- Improving, Delivering and Marketing our Podcast and Related Services;
- For General Business Purposes; and,
- For any other purpose including for the compliance with relevant laws.
We may also disclose collected information to 3rd parties in connection with the provision of our services.
Content Use
Any parties seeking to use or publish the video, audio or any other type of content or other information from the podcast must obtain a release for the use from the podcast in writing. Any such agreement must be in writing.
You agree that to relinquish their rights including to journalistic rights such as the rht to the defence of fair report with reference specifically to the information and content obtained from this website or related services such as the podcast.
You agree to fully investigate any information about the podcast and allow 28 Business days from the date of your preparation of any publication regarding the podcast to ensure the accuracy of said information and any opinions expressed in said publication. You agree not to misrepresent the podcast and agree to apply your best efforts to find and provide any context necessary to avoid your publications causing any damage or loss to the Podcast and related services or entities.
You agree that any and all earnings or monies obtained from or in connection with the use of our content will be due and payable to us at the time at which you obtain a right to said monies. You agree that all monies due and payable to us are held in trust, with payable interest accruing at a rate of 10% annual interest, accruing monthly.
Disputes
By using the website or quoting or using any information from this website, you agree to resolve any dispute you may have by way of the Passive Perception Dispute resolution process.
The Passive Perception Dispute Resolution Process involves the following compulsory steps:
- The User may submit a complaint in writing to the podcast, which must detail the subject matter of the dispute, the reasons for the complaint and any loss incurred by the user.
- Within 30 business days the podcast will respond the complaint in writing, detailing actions taken.
- Within 5 business days of the podcast response, or at the elapsing of the 30 Business Days, the complainant may request an escalation of the dispute, and provide further reasons.
- The podcast will then respond to the escalated complaint in writing within 60 Business Days. Should a settlement be proposed the parties will be allowed an additional ‘settlement period’ of 120 Business Days.
- After the elapsing of 60 Business Days from the date of the response to the escalated complaint or after the elapse of the settlement period (if applicable), the complainant may elect in writing to resolve the dispute by way in Arbitration.
- After the Arbitration Election Notice, the parties shall resolve the dispute by way of binding Arbitration, with the Arbitrator to be selected by the complainant from three Qualified Australian Arbitrators options which will be provided by the Podcast within 14 days. The complainant will have 7 Business Days from the date of the provision of Arbitrator options by the Podcast. In the absence of the provision of Arbitrator options by the podcast, the complainant may request the President of the NSW Bar Association to select an arbitrator with not less than 5 or more than 10 years experience to arbitrate the dispute.
The dispute will be decided by the adjudicator according to the laws of NSW, Australia.
You agree to hold harmless and indemnify us against any and all claims against us, damages incurred by us and costs including costs in arbitration, lawsuits and class actions which you commence or are joined involving the Passive Perception Podcast. You agree to indemnify and hold harmless the podcast against any loss caused by you directly or indirectly.
You agree that any and all information obtained from the website or related services including the podcast are confidential, with the duty of confidentiality owed to us, jointly and severally by you and any organisation you represent. The duty of confidentiality must be disclosed and will be severally taken-up by any 3rd party with whom the information is shared.