Terms Of Use

Welcome to API – Advanced Performance Industries

Welcome to our website. We are delighted that you are interested in API Commercial and Industrial Equipment solutions. Please take the time to read our Website Terms of Use and contact us if you have any questions.

Our website and our associated social media pages are made available by Advanced Performance Industries Pty Ltd ABN 38 649 434 042.

When we talk about ‘we’, ‘us’, ‘ours’, ‘API’, or “Advanced PI”, we mean Advanced Performance Industries Pty Ltd ABN 38 649 434 of 26 Len Shield Street, Paget, Mackay, Queensland 4740. When we talk about ‘you’, ‘your’, ‘guest’, ‘customer’, ‘account holder’, we mean you, the person or business using our website.

Making Contact is Simple

Business:	Advanced Performance Industries Pty Ltd ABN 38 649 434 042
Telephone:	Josh: 0458 814 820	Chris: 0488 927 667
Address:	26 Len Shield Street, Paget, Mackay, Queensland 4740
Email:	sales@advancedpi.com.au

We do our best to answer your communication within three (3) business days.

Acknowledgement and Acceptance

We invite you to browse or use our website and social media pages / platforms and communicate with us online and digitally (collectively referred to as our ‘website’). You should read our terms of use before doing so.

If you decide to proceed you expressly agree that you are automatically and legally bound by each of the following:

these terms of use;
our terms of trade https://advancedpi.com.au/terms-of-trade/;
our privacy policy https://advancedpi.com.au/privacy-policy/;
all other legal policies published on our website and any other website owned and operated by us;
you accept and agree that you do not need to sign or provide any digital acceptance of our terms, for them to be legally binding on you; and
if you disagree with our terms, you acknowledge that your remedy is to stop using our website.

Privacy

Privacy is important to us ad we take all reasonable steps to comply with Australian privacy laws. Please take the time to read and understand our Privacy Policy https://advancedpi.com.au/privacy-policy/, which tells you how we collect, store, and use your data, and let us know if you have any questions.

Updates

We may update our terms of use (including our terms of trade and privacy policy) from time to time. If we do, the updates apply from the date we make them. We have included a ‘last updated’ notification at the top of our terms to help you keep track of any changes, so please check back regularly to stay informed.

Accounts

If you are placing an order with us, you will need to enter enough information to create an account. There are important rules regarding creating account creation, including:

you need to select a username and password to access our full content;
information you provide must be up to date, accurate and complete when you set up your account;
all account information including your contact details must be kept up to date by you at all times;
you or the person creating and accessing any account with us must be over 18 years of age;
you agree to accept electronic communications from us (if you subscribe to any newsletter or mailing list of ours you can unsubscribe at any time by telling us by email: sales@advancedpi.com.au;
passwords may be accepted or rejected by us, and we can withdraw your password and/or access to our website, including access to your account, at our sole discretion without first telling you and without us being liable in any way to you if we do so;
any username and password to our website or services is exclusive to you and is not to be shared outside of the ordinary course of your business with us;
you agree to keep your login and password strictly confidential, and to notify us immediately if issues arise with your login, username, or password on any of our sites. This protects you and it protects us;
you irrevocably agree to make all payments associated with your account when they are due; and
you warrant that you will contact us without delay if you believe that your account (or any transaction) is unauthorised, there is an attempt to hack or takeover your account or you suspect any other type of fraudulent activity or security breach.

Website Availability

We aim for continuous accessibility to our website and the delivery of real time service, although the efficiency of any digital service is in part reliant on third party service providers. For this reason, our website may become inaccessible from time to time, for example, due to website maintenance or because of suspected misuse.

We are not liable for any loss or damage occasioned by our website being unavailable, misused or malfunctioning for any reason.

Unlawful or Prohibited Use

When you use our website, you warrant that:

your use is only for a genuine and lawful purpose and that you will not do so for any purpose that is prohibited by any of our terms or policies;
you will not hack into areas of our website or platform/s that are not intentionally made available by us to you and that you will not cause any person or entity to undertake hacking activities on your behalf;
you will not use our website in any manner which could damage, disable, overburden, or impair this website/s or interfere with any other party’s use of our website.

Additionally, by using our website or platforms you expressly agree not to:

access, view, copy or download information unless specifically authorised by us to do so;
use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business or any other person or business;
engage in any internal or external spamming, or other similar actions;
engage in any unlawful or immoral acts, or acts which are in violation of our terms of use;
decompile, reverse engineer, or try to copy or imitate our website, platforms, or underlying content;
use our website in a manner that could cause harm to our business or our business reputation.

Just because you see it on our website does not mean you can copy it. We invest in high quality content, designs, images and recordings of our business and the products and service that we sell. We take active legal steps to protect our rights. What you can and cannot do is set out in these terms of use and in our other legal policies. We tell you how why and how we protect our intellectual property in these legal policies. If you are unsure about what you are authorised to do, email us sales@advancedpi.com.au and we will let you know.

Links disclaimer

Our website (and our social media) may contain links to other websites (we call these ‘linked sites’). Linked sites are not under our control, and we are not responsible for the contents of any linked site. We are also not responsible for any form of transmission received from any linked sites. Links and linked sites are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. We have no liability or responsibility to you or any person or business that may be associated with you or any of your customers, including liability for any interaction you may have via any links or linked sites, or any products or services offered. You agree linked sites are external to us and beyond our control and responsibility, and that you will not hold us responsible for any loss or damage incurred.

Promoted or Affiliated Products and Services

If we promote third party products or services via our website it may be because they are affiliated with us, receive commission or they have provided us with sponsorship, donations or supported us in some way. You must always make your own enquiries and exercise your own judgment based upon your own personal circumstances before using or purchasing third party products or services. As with linked sites referred to above, you expressly agree that we are not liable for any loss or damage you or any person or business may suffer because of promoted or affiliated businesses, products, or services. We provide no warranty or guarantee that promoted or affiliated products and services are merchantable or fit for purpose, as this is something you must determine for yourself, based on your own individual or business needs. As we disclaim liability, please ensure that you do your own due diligence before using promoted or affiliated products or services.

Copyright, Trademarks, and other Intellectual Property

We own the intellectual property rights in the contents of our website/s, blogs, podcasts, social media, and any form of digital or other communication, content, design, strategies, logo’s, concepts that we use, create, display, or use. If any of the above belong to any other person or entity, then we have permission via properly obtained licencing to use or display the material. The name of our company, our products and product designs are owned by us, whether registered or not. Our trademarks belong to us. Please consider our rights and contact us if you are uncertain about whether you have permission to use our product names, service and content description and methods, product design and images.

Unless we give you permission in writing, we do not grant you any rights (express or implied) or any license to use our website/s content or our intellectual property. Given our substantial investment in all that we own, create, promote, and display we also take active legal steps to protect our intellectual property. If in doubt, always ask us if you have permission.

You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit, or allow others to exploit, any of the content displayed on these sites, whether in whole or in part, except as expressly authorised by us. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

Third party rights

We care about your rights and those of any other person or business. If you believe that there is material on our website that infringes third party intellectual property rights, whether by words, images, design, content or otherwise, please notify us immediately. We require you to provide us with reasonable and sufficiently detailed information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website. Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us. As an Australian based business, we are not compelled to comply with the United States Digital Millennium Copyright Act 1988 (DMCA).

Social Media

The purpose of our social media accounts is to inform and engage our customers. If you have suggestions or concerns, please let us know at sales@advancedpi.com.au. Any information you post on social media becomes publicly available, subject to your account privacy settings. We recommend that you be mindful of what personal or other information you share on our social media pages as we are not, under any circumstances, liable for publicly available information.

When you use or interact with us via our website, social media or any digital or online platform, we absolutely expect you to behave properly. This includes interacting with, commenting on or referring to our business, website, and our social media pages or any other person or business. We may remove people, posts, or comments from our social media pages if, in our sole discretion, we deem the material posted or the behaviour of that person to be inappropriate. We do not guarantee that we will monitor our social media pages and we are not responsible for any loss or damage you may suffer.

Product Ratings, Reviews & Testimonials

We value the voice of our customers and welcome genuine feedback. You must be a verified purchaser to comment on our business, product, or services. We may take legal action to protect our reputation and business investment if non-genuine or defamatory comments are made, commented upon, published or shared in any way that are intended or cause harm to our business or reputation, including that of any of our employees.

By submitting a rating, review, opinion, or testimonial you expressly agree that:

what you say is genuine and not defamatory or intended to harm our business or reputation;
you are a genuine, verified purchaser of the product or service that you are commenting on;
if we have failed to meet your expectations that you will ALWAYS let us know by email or telephone communication before you submit a negative rating, review, opinion, or testimonial;
that you have taken steps to ensure that you have not confused our business or your experience with us, with any other business providing like or similar products or services;
what you say (or images you send us) is non-confidential and non-proprietary;
you warrant that you hold the necessary rights, interests, and permission to use the content you provide and that nothing in your contribution would harm any third-party ownership, intellectual property, copyright, or trade mark rights; and
you grant us irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, communicate in any way and to creatively build from or develop content from what you say (or images you send us).

The opinion you express may help or harm our business, and we reserve the right to:

fully investigate and verify any rating, review, opinion, or testimonial;
remove any content with which we do not agree or which we deem to be harmful to us;
moderate or reject any content we receive;
review content posted about us on third party websites;
ask you to remove content that is untrue or harmful to us; and
if you refuse to do so, we may take legal action to protect our business.

Your content

From time to time, you may submit your own content to us. In addition to your opinion, feedback, or testimonials, you may provide us with, or we may take or acquire, images, recordings or other material that relates to you or your business. You warrant that by submitting or agreeing to us taking or receiving any content, you are thereby granting us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you or others and completing our business functions, now or in the future. We can decide, at our sole discretion, to remove or disable your content if we believe your content to be in violation of our terms of use or policies and we are not obliged to return any of your content under any circumstances and will not do so. We do not have to pay for your content, images and are not liable to pay you royalties of any nature. You indemnify us against any claims made for breach of intellectual property rights in respect of your content (if you provide it to us, you are telling us that we can use it) and agree not to seek any form of payment, royalties, or damages from us arising out of your content (or our use of it).

Website Security

We make industry standard efforts to maintain the security of our website and employ regular backups and scanning for security breaches. Despite this, we cannot guarantee that any site is impenetrable. We deny all liability for any unauthorised use or access of our site, content, and information. We are not responsible for computer viruses or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Damage Event /Force Majeure

A Damage Event is something that is outside of your and our control. We are not responsible for any delay or failing beyond our reasonable control. For example, severe weather events, natural disasters, flooding, fire, cyclones, and other events such as explosions, war, industrial action, pandemic restrictions, or the spread of disease across our business or business industry. Labour and material shortages, supply chain disruption, third party delivery disruption, error, or loss, together with third party acts or omissions, unforeseen delay in manufacturing or material availability, cyber breach, interruption to internet services, virus, hacking, software, hardware, or communication network failure are also outside of our control and are considered a Damage Event. You are solely responsible for ensuring that you and/or your business or customers have adequate virus or other protections in place, for example, sufficient insurance to cover cyber security or fraud, business interruption, loss of profit or any other form of loss, damage or harm that may arise.

Limitation of liability

Subject to the requirements of Australian Consumer Law, our liability is limited for damages arising because of your use of our website/s, shopping cart or any e-commerce order placement or payment platform as follows:

if a warranty is implied by law, you agree that the total amount of our liability is limited (at our sole discretion) to the provision of that product or service again, or to a refund equal to the total amount paid by you to us for that product or service, even if we provided the product or service at no cost to you; and
we are not liable for any other damages or claims from you;
this limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of our terms of use.

Indemnity

You agree to indemnify and defend us to the fullest extent allowed by law from all claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

your use of any shopping cart, e-commence order placement or payment platform;
any content you post via our website;
your authorised or unauthorised use or misuse of our website, including our social media;
your authorised or unauthorised use or misuse of our products or services included or advertised on our website;
your breach of our terms or policies.

This does not limit our obligation to comply with lawful directions given to us by government, courts, law enforcement. If we are directed to provide information about your use of our website/s and the direction is lawful, then we will comply.

Validity

If any part of these terms of use or any other set of terms or legal policies belonging to us are found to be invalid or unenforceable by a court of law, it be deemed severed and will not affect the remainder of our terms which continue in full force and effect.

Applicable law

Our terms are governed by the laws of the State of Queensland, Australia and you consent to the exclusive jurisdiction of Queensland. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a place where the use of this website is unauthorised, it is your responsibility to stop using our website immediately.

Notices

You may provide notice to us through the contact page of our website or otherwise by email at sales@advancedpi.com.au. We may provide notice to you via email provided at the time of purchase, or by other electronic means.

Compliments and Complaints

If you are happy with us, recommend us to others. We appreciate receiving testimonials, positive feedback, and wonderful ratings & reviews where we exceed your expectations. In the unlikely event that you encounter an issue, reach out to us at sales@advancedpi.com.au so that we can promptly address concerns or suggestions for improvement of our site or services.

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