Terms of Use

Introduction

Welcome to the APL Performance Bikes website (“the Site”). These Terms of Use (“Terms”) govern your use of our website located at aplperformancebikes.com.au and form a binding contractual agreement between you, the user of the Site, and us, APL Performance Bikes ABN (“we,” “our,” “us”). By accessing and using the Site, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must cease use of the Site immediately.

Use of the Site

  1. Eligibility: You must be at least 18 years old to use the Site. By using the Site, you warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

  2. Account Registration: To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

  3. Prohibited Conduct: You agree not to engage in any of the following prohibited activities:

    1. Violating any applicable laws or regulations.

    2. Infringing the intellectual property rights of others.

    3. Engaging in any activity that may disrupt or interfere with the Site’s operations or security.

    4. Using the Site to transmit any harmful or malicious code, viruses, or malware.

Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, audio clips, video clips, and software, is the property of APL Performance Bikes or its content suppliers and is protected by Australian and international copyright laws. You agree not to reproduce, distribute, display, perform, or create derivative works of any content on the Site without our prior written permission.

Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by APL Performance Bikes. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any third-party websites or services.

Limitation of Liability

To the maximum extent permitted by law, APL Performance Bikes and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Site.

  • Any unauthorized access to or use of our servers and/or any personal information stored therein.

  • Any interruption or cessation of transmission to or from the Site.

  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party.

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.

Indemnification

You agree to indemnify and hold harmless APL Performance Bikes and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Site.

  • Your violation of any term of these Terms.

  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

  • Any claim that your content caused damage to a third party.

Termination

We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Site.

Contact Us

If you have any questions about these Terms, please contact us at:

APL Performance Bikes ABN

Email: info@aplperformancebikes.com.au

These Terms of Use were last updated on 23rd June 2024