Terms

SALE TERMS:

All sales are final during a sale period. Please be mindful of this when purchasing.

PURCHASES

Please ensure all details are accurate when making a purchase. If requested, provide additional information to confirm your order.

Enter the correct delivery address and any specific instructions at checkout. OUTPERFORM is not responsible for re-sending orders if an incorrect address is provided.

PURCHASE PRICE

All prices on our website or provided upon inquiry are in Australian Dollars (AUD) and include GST. International order costs are calculated using our currency converter, though actual charges may vary based on your bank’s conversion rate.

Prices on the website are subject to change without notice.

PAYMENT

OUTPERFORM accepts payment via credit card (Visa/Mastercard).

After you make payment for your order, we will email you an invoice, which confirms receipt of your order.

SECURITY

Protecting your credit card information is our priority, ensuring a secure and worry-free shopping experience. We do not store credit card details to maintain your confidence and satisfaction.

CONSENT

By accepting these Purchase and Shipping terms, you consent to receive electronic communications from OUTPERFORM, including updates on products, promotions, and offers. You may unsubscribe from these messages at any time.

PROCESSING OF ORDERS

Purchases are processed on business days (Monday to Friday, excluding public holidays in Western Australia). A tracking number will be provided once your order has shipped.

SHIPPING

Australia:

Orders are shipped via AusPost. Delivery expected within 1-4 working days for Express & 2-8 working days for Standard (delivery times may vary).

International:

We ship to most international locations, with delivery expected in 6-27 days. If your order has not arrived within this timeframe, please contact us with your full name and order number for assistance.

CANCELLATION OF ORDERS

OUTPERFORM reserves the right to cancel your order if we are unable to fulfil it and will notify you if this occurs. No claims for additional compensation, damages, or inconvenience resulting from such a cancellation will be honoured.

RETURN OF PRODUCTS

Any return of Products to us by you will be governed in accordance with our Returns Policy. 

GOVERNING LAW

The laws of Western Australia, Australia govern these Purchase and Shipping Terms.

PRIVACY POLICY

OURPERFORM is committed to protecting your personal information in compliance with the Privacy Act 1988 (Cth) and relevant Western Australian privacy laws. This Privacy Policy explains how we collect, store, use, and disclose your information and your rights regarding that information.

1. Collection of Personal Information

We may collect your personal information, such as name, address, date of birth, phone number, and email address, to provide and improve our services. We do not request sensitive information regarding:

• Political, religious, or philosophical beliefs;
• Health or sexual orientation;
• Racial or ethnic background;
• Criminal convictions.

Occasionally, we may conduct surveys or market research to enhance our services, and participation is entirely optional.

2. Use of Cookies

Our website uses cookies to enhance your browsing experience. Cookies store information about your preferences, allowing us to tailor the website to you on future visits. These cookies do not identify you personally. You may disable cookies through your browser settings, although this may affect your ability to access certain parts of the site.

3. Optional Disclosure of Personal Information

Providing personal information is optional. Where required, we will make it clear if specific details are needed for certain services, such as processing orders or participating in promotions. You may opt out of any additional communications by contacting us.

4. Use and Disclosure of Information

We use your personal information primarily to:

• Process and complete transactions made on the website;
• Ensure proper functionality of the website;
• Support our marketing, planning, and product development.

We will not disclose your personal information to third parties unless:

• It is necessary to operate our business or website;
• Required by law;
• You have expressly consented to it.

5. Security of Your Information

We take reasonable measures to keep your information accurate, up-to-date, and secure. While we strive to protect your data, please note that internet transmissions are not entirely secure, and we cannot guarantee the security of information transmitted to or from us.

6. Accessing and Updating Your Information

You have the right to access and correct any personal information we hold. To make changes or request access, please contact us directly.

7. Changes to This Policy

OUTPERFORM reserves the right to update this Privacy Policy. Significant changes will be posted on our website. For more information about privacy, visit the Office of the Australian Information Commissioner.

This revised Privacy Policy complies with Australian privacy legislation, is concise, and provides clarity for users on data handling and their rights.

SPAM STATEMENT 

OUTPERFORM is committed to compliance with applicable spam laws, including the Spam Act 2003 (Cth) and any relevant regulations in the country from which you access our website (Australia).

Our Commitment to Spam Compliance

• We have implemented an internal spam policy to educate staff and establish clear rules for sending commercial electronic messages.
• You can unsubscribe from any mailing list you have joined at any time. If you cannot locate an unsubscribe option, please contact us to request removal from the list.
• We strictly do not use address-harvesting software or send unsolicited messages.

How You Can Help

• If you receive an unsolicited message that appears to originate from a OUTPERFORM email address, please notify us immediately, as it may have been sent in error.
• Please unsubscribe from any OUTPERFORM mailing lists if you no longer wish to receive messages from us or any of our authorised third parties.
• Notify us of any changes to your contact information or if you deactivate your email address, so we can keep our records current.

This revised Spam Statement aligns with Australian spam legislation, enhances clarity, and provides specific actions for users to assist in compliance.

TERMS OF USE 

Welcome to OUTPERFORM. By accessing and using this website, you agree to comply with our Terms of Service.

1. Acceptance of Terms

Access to the website is conditional upon acceptance of these terms. By accessing or using the site, you agree to these Terms of Service, which may be amended at our discretion. Although we may notify you of amendments, please review these terms regularly, as continued use of the site constitutes acceptance of changes.

2. Our Services

We aim to ensure the availability of our website but cannot guarantee uninterrupted or timely access. While we make efforts to minimize disruptions, we cannot be held liable for delays, outages, or technical issues.

3. Prohibited Conduct

When using our website, you must not:

• Engage in unlawful activities or post material that infringes third-party rights or violates standards or codes.
• Transmit material that interferes with other users, or is defamatory, harassing, or offensive.
• Send unsolicited emails, tamper with or damage the website, or transmit viruses or harmful components.

4. Intellectual Property

The content on this website, including software, text, images, and graphics, is owned by OUTPERFORM or licensed to us. Access to the website does not grant any rights to our trademarks, logos, or copyright-protected materials. You may view content for personal use only and must not:

• Use or reproduce content for commercial purposes.
• Modify, frame, or embed website content elsewhere without written permission.

We will enforce our intellectual property rights if any of these prohibitions are breached.

5. Third-Party Links

Our site may contain links to third-party websites. We do not endorse, sponsor, or accept liability for the content or availability of third-party sites. Accessing them is at your own risk.

6. Indemnity

By using our website, you agree to indemnify OUTPERFORM against all liabilities, damages, costs, or expenses arising from any misuse of the website or breach of these Terms of Service.

7. Disclaimer

To the fullest extent permitted by law, and except as outlined in the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), OUTPERFORM disclaims all warranties and makes no guarantees regarding:

• The accuracy, reliability, or availability of the website.
• That the website will be error-free, virus-free, or uninterrupted.

We are not liable for any direct, indirect, incidental, or consequential damages arising from your access or use of the website.

8. Limitation of Liability

In the event of a breach of any non-excludable warranty, our liability is limited to one of the following, at our discretion:

• Replacement or repair of the goods.
• Reimbursement of costs to replace, repair, or acquire equivalent goods.

9. Contact

For inquiries regarding these Terms, please contact our support team.

This revised document streamlines the language, covers key legal points, and is easier to understand, ensuring that users have a clear understanding of their rights and obligations. Let me know if you need further adjustments!

10. Termination

We reserve the right to terminate these Terms of Service at any time without prior notice. Upon termination, all restrictions and limitations of liability outlined in these Terms will remain in effect.

11. Miscellaneous

• You agree to comply with these Terms of Service. If we incur losses, damages, or costs due to your breach of these Terms or any related legal obligations, you agree to indemnify us for those losses.
• We do not guarantee that the information on our website is appropriate or available for download in all areas or jurisdictions. Accessing the website is done at your own risk, and you are responsible for complying with the laws applicable to your jurisdiction.
• If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will continue to be in full force and effect.
• All rights not expressly granted in these Terms are reserved. Our failure to act on any breach by you does not waive our right to take action on future or similar breaches.

12. Applicable Law

These Terms of Service are governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia for any disputes arising from these Terms.