Terms of service
OVERVIEW
Welcome to Performance Labs Aus! The terms “we”, “us” and “our” refer to Performance Labs Aus. Performance Labs Aus operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Performance Labs Aus is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Performance Labs Aus reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Performance Labs Aus confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Performance Labs Aus may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Performance Labs Aus, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any intellectual property of Performance Labs Aus, Shopify or any third party.
Performance Labs Aus’s names, logos, product and service names, designs, and slogans are trademarks of Performance Labs Aus or its affiliates or licensors.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Performance Labs Aus is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Performance Labs Aus. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Performance Labs Aus.
SECTION 13 - PROHIBITED USES
You may not engage in any conduct that may harm Performance Labs Aus, Shopify or users of the Services, or expose them to liability.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY Performance Labs Aus, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, Performance Labs Aus SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Performance Labs Aus, Shopify, and our affiliates from any claims arising from your breach of these Terms.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by the laws of the jurisdiction in which Performance Labs Aus operates. You consent to the jurisdiction of those courts.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Performance Labs Aus