Last updated August 6, 2025

1. Definitions

1.1 “APD,” “we,” “us,” or “our” means Australian Performance Distributors Pty Ltd (ABN 93 625 023 707).

1.2 “Site” means the website located at www.australianperformancedistributors.com.au.

1.3 “Services” means the Site and any related services provided by APD.

1.4 “User,” “you,” or “your” means any person accessing or using the Site or Services.

1.5 “Materials” means all content on the Site, including but not limited to software, design, text, graphics, images, product descriptions, trademarks, and other content.

1.6 “Third-Party Content” means content provided by entities other than APD, including links, advertisements, or external websites.

2. Acceptance of Terms

2.1 By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”).

2.2 If you do not agree to these Terms, please do not use the Site or Services.

2.3 These Terms also govern all sales by APD, whether through the Site or other methods such as telephone, email, or in person.

2.4 If you are under 18 years old, you must have consent from a parent or legal guardian before using the Site or Services.

3. Intellectual Property

3.1 All Materials are owned or licensed by APD and protected under Australian intellectual property laws.

3.2 You may:

    (a) store copies of Materials on your device solely for personal, non-commercial use related to purchasing products; and

    (b) print Materials for personal use only.

3.3 You must not modify, reproduce, distribute, or publicly display Materials without prior written consent from APD.

3.4 All trademarks and logos are the property of APD or their respective owners and must not be used without permission.

4. User Representations and Account Security

4.1 You represent and warrant that:

    (a) all registration information you submit is truthful, accurate, and current;

    (b) you will keep such information updated;

    (c) you have the legal capacity to enter binding agreements and agree to comply with these Terms;

    (d) you will not use automated means to access the Site;

    (e) your use complies with applicable laws and these Terms; and

    (f) you will keep your account credentials confidential and are responsible for all activity under your account.

4.2 APD reserves the right to remove or change usernames that are deemed inappropriate or infringe on third-party rights.

4.3 Providing false or incomplete information may result in suspension or termination of your account.

5. Products, Pricing, and Orders

5.1 Product descriptions, colours, and specifications are provided in good faith but may not be completely accurate due to technical or display limitations.

5.2 Product availability is subject to change without notice.

5.3 Prices are in Australian Dollars (AUD), include GST unless stated, and exclude shipping fees unless otherwise indicated. Prices may change without notice.

5.4 Placing an order is an offer to purchase; a binding contract is formed only upon APD’s acceptance of your order.

5.5 APD reserves the right to accept or reject orders, including for reasons such as stock unavailability, pricing errors, or suspected fraud.

5.6 You authorize APD to charge your selected payment method for the order total, including applicable taxes and fees.

5.7 APD does not store full payment card details and processes payments through PCI DSS-compliant third-party gateways.

6. Delivery and Returns

6.1 Delivery times and charges are detailed on the Shipping page of the Site.

6.2 Please review our full Return Policy at: https://australianperformancedistributors.com.au/returns_exchanges/.

6.3 Faulty or non-conforming goods must be reported within 30 days of delivery, and APD will comply with its obligations under the Australian Consumer Law.

6.4 Your statutory rights under Australian Consumer Law are not limited by our Return Policy.

7. User Conduct and Prohibited Activities

7.1 You agree not to:

    (a) violate laws or regulations;

    (b) attempt unauthorized access to the Site or systems;

    (c) use bots, scrapers, or automated means without consent;

    (d) disrupt or interfere with the Site’s operation;

    (e) impersonate others or misrepresent affiliation;

    (f) upload harmful code such as viruses;

    (g) use the Site for unauthorized commercial purposes;

    (h) collect personal data of others without consent;

    (i) harass or threaten others; or

    (j) send unsolicited communications or spam.

7.2 Violation may result in suspension, termination, or legal action.

8. Reviews and User Content

8.1 Reviews must be based on firsthand experience and comply with guidelines prohibiting offensive, false, or misleading content.

8.2 APD does not endorse reviews and disclaims liability for user-generated content.

8.3 By submitting reviews, you grant APD a perpetual, worldwide, royalty-free license to use, reproduce, and distribute the content.

8.4 APD reserves the right to remove or refuse any review at its discretion.

9. Third-Party Content and Links

9.1 The Site may contain links to third-party websites or display third-party content.

9.2 APD does not endorse or guarantee the accuracy or legality of such content or sites.

9.3 Your use of third-party sites is at your own risk, and APD disclaims all liability arising from such use.

9.4 You should review third-party terms and privacy policies before engagement.

10. Services Management

10.1 APD may monitor and manage the Services to protect rights and maintain functionality.

10.2 APD may remove or restrict content that violates these Terms or burdens the system.

11. Privacy Policy

11.1 Your use of the Services is subject to our Privacy Policy, available at https://australianperformancedistributors.com.au/privacy-policy/.

11.2 By using the Services, you consent to data transfer and processing in Australia.

12. Termination

12.1 APD may suspend or terminate access at any time, without notice, for breaches of these Terms or applicable laws.

12.2 You agree not to register new accounts after termination to circumvent restrictions.

12.3 APD may pursue legal remedies as appropriate.

13. Modifications and Interruptions

13.1 APD may modify or discontinue the Services without notice and is not liable for any loss caused by such changes.

13.2 The Services may experience interruptions due to maintenance or technical issues, and APD is not liable for resulting inconveniences.

14. Governing Law and Dispute Resolution

14.1 These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts located in Australia.

15. Disclaimers and Limitations of Liability

15.1 The Services are provided “as is” without warranties to the fullest extent allowed by law.

15.2 APD disclaims liability for errors, interruptions, data loss, viruses, or third-party products.

15.3 Liability to you is limited to the amount paid for the Services.

15.4 Some consumer protections cannot be excluded; applicable rights remain.

15.5 APD provides product warranties solely as provided by the respective manufacturers. Any warranty claims must be made in accordance with the manufacturer’s warranty terms and conditions.

16. Indemnification

You agree to indemnify and hold harmless APD and affiliates from claims or damages arising from your breach of these Terms or violation of rights.

17. User Data

APD maintains data related to your use but is not liable for any data loss or corruption.

18. Electronic Communications

Using the Services constitutes consent to receive electronic communications and to be bound by electronic agreements.

19. Changes to These Terms

APD may update these Terms at any time by posting the revised Terms on the Site. Continued use constitutes acceptance of changes. Please review regularly.

20. Contact Us

For questions or complaints, contact us at: sales@apd.net.au