Terms of service

WEBSITE TERMS AND CONDITIONS OF USE

 

1. About the Website

(a) Welcome to southeastperformanceparts.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

(b) The Website is operated by South East Performance Parts. Access to and use of the Website, or any of its associated Products or Services, is provided by South East Performance Parts. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) South East Performance Parts reserves the right to review and change any of the Terms by updating this page at its sole discretion. When South East Performance Parts updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by South East Performance Parts in the user interface.

 

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(b) You warrant that any information you give to South East Performance Parts in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with South East Performance Parts; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify South East Performance Parts of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of South East Performance Parts providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by South East Performance Parts for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

(ix) you must not engage in phishing, credential stuffing, account takeover attempts, or any other activity that compromises the security of the Website or other Members' accounts.

(x) you acknowledge that breach of any obligation in this clause may result in immediate account termination, suspension of Purchase Services, and South East Performance Parts pursuing all available legal remedies including damages recovery, and you remain fully liable for any losses, costs, or damages arising from your breach of these obligations, including legal fees incurred by South East Performance Parts in enforcing these Terms.

(xi) you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services;

(xii) you must not post, publish, or transmit any false, misleading, deceptive, or defamatory content regarding products, services, or other Members, and you acknowledge that any such conduct may breach Australian Consumer Law and result in immediate termination of your account and legal action;

(xiii) you must notify South East Performance Parts within 24 hours of discovering any unauthorised access to your account or any security breach, and you remain fully liable for all activities conducted through your account unless the breach resulted from South East Performance Parts' negligence.

(xiv) South East Performance Parts reserves the right to immediately suspend or terminate your account and access to the Purchase Services upon detection of any violation of these Terms, with written notice provided within 7 business days, and may pursue recovery of damages and costs incurred as a result of such violations.

(xv) you must ensure that all product reviews and feedback are based on genuine personal experience with the products, are truthful and accurate, and disclose any material conflicts of interest or incentives received, and you acknowledge that posting false, fabricated, or incentivised reviews without disclosure constitutes a material breach of these Terms and may result in immediate account suspension and legal action under Australian Consumer Law.

 

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

(b) Payment of the Purchase Price may be made through PayPal Shop Gpay Afterpay (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. 

(c) Following payment of the Purchase Price being confirmed by South East Performance Parts, you will be issued with a receipt to confirm that the payment has been received and South East Performance Parts may record your purchase details for future use.

(d) South East Performance Parts may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

5.1 Inspection, Fitment, and Return Conditions

(a) You must inspect all Products within 30 days of delivery for any shipping damage, missing items, or order errors. You must notify South East Performance Parts within this 30-day period to be eligible for assessment.

(b) Products that have been installed, attempted to be installed, test-fitted, modified, run, or that show any signs of fitment are strictly non-returnable and non-refundable, except where required under the Australian Consumer Law for a proven major defect.

(c) A Product is considered “installed or attempted-installed” if any of the following apply:

  • tool marks, scratches, or scuffing

  • oil or lubricant contamination

  • signs of torqueing or fastener contact

  • missing components or altered packaging

  • sealant or gasket residue

  • mechanical wear consistent with running or test-fitting

  • installation of any associated component that affects the part (e.g., springs installed with a camshaft)

(d) Once a Product has been installed, attempted to be installed, or shows signs of installation, it is deemed accepted in good working order and is not eligible for return under any “change of mind,” fitment mistake, or incorrect part selection circumstances.

(e) These conditions exist because performance parts cannot be resold as new once installed, and because incorrect installation, tuning, lubrication, clearance setup, or engine preparation is outside the control of South East Performance Parts.

6. Delivery

(a) You acknowledge that the Purchase Services offered by South East Performance Parts integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).

(b) In providing the Purchase Services, South East Performance Parts may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that South East Performance Parts is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery Services, South East Performance Parts asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and (ii) contact us by sending an email to admin@southeastperformanceparts.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

(iii) provide photographic evidence of any damage within 24 hours of delivery to facilitate our investigation and claim process with the Delivery Service Provider.

(iv) acknowledge that failure to provide photographic evidence within the specified timeframe may limit our ability to pursue claims against the Delivery Service Provider but does not affect your rights under the Australian Consumer Law or the warranty provisions in clause 7.

(v) inspect the Products immediately upon delivery and notify us within 30 days of receipt if the Products are damaged, defective or do not match your order, failing which the Products will be deemed accepted in good condition.

(vi) acknowledge that we remain responsible for ensuring Products meet Australian Consumer Law guarantees regardless of third-party delivery arrangements, and we will pursue recovery from the Delivery Service Provider on your behalf where applicable. 

6A. Performance Parts Use, Compatibility and Installation Requirements

6A.1 Nature of Performance Components

(a) Many Products sold by South East Performance Parts are high-performance, modified, or racing components designed to exceed OEM specifications. These components may alter engine behaviour, emissions, fuel consumption, reliability, drivability, and noise levels.

(b) By purchasing these Products, you acknowledge that performance modifications inherently carry mechanical risk.

 

6A.2 Compatibility and Fitment Responsibility

(a) It is solely your responsibility to ensure that any Product purchased is correct for your specific engine, cylinder head type, valvetrain geometry, compression ratio, RPM range, boost level, ECU system, and intended use. South East Performance Parts accepts no liability for incorrect part selection, including but not limited to:

  • incorrect camshaft profile

  • incorrect spring pressure or installed height

  • pushrod length mismatch

  • lifter preload issues

  • rocker geometry issues

  • coil bind or retainer-to-seal clearance failure

  • piston-to-valve clearance interference

(c) If unsure, you must consult a qualified technician or engine builder prior to purchasing.

 

6A.3 Installation Requirements

(a) All performance parts must be installed by a qualified and experienced technician familiar with LS-based engines and aftermarket tuning.

(b) Damage caused by any of the following is not covered under returns or warranty:

(i) incorrect installation or timing

(ii) insufficient lubrication or oil starvation

(iii) improper clearances

(iv) valve float, coil bind, or over-revving

(v) detonation, pre-ignition, or incorrect tuning

(vi) mismatched aftermarket components

(vii) use of incorrect pushrod length

(viii) improper break-in procedure (where applicable)

(c) South East Performance Parts does not cover labour costs associated with installation, removal, tuning, diagnosis, or inspection.

 

6A.4 Tuning and ECU Calibration

(a) Many performance components (including camshafts, springs, MAF/OTR intakes, injectors, and valvetrain components) require professional ECU recalibration.

(b) South East Performance Parts does not accept liability for engine damage resulting from improper, incomplete, or unverified tuning, including but not limited to:

  • excessively lean or rich conditions

  • overly aggressive ignition timing

  • misfires

  • tune file corruption

  • base maps, startup tunes, or generic calibrations

(c) No claims may be made relating to drivability, idle quality, noise, or performance issues arising from inadequate tuning.

 

6A.5 Valve Spring & RPM Limitations

(a) Valve springs and valvetrain components have specific operating limits. It is your responsibility to confirm that your chosen spring kit matches the camshaft profile, intended RPM limit, and boost level.

(b) Warranty is void for spring failure caused by:

  • exceeding recommended RPM

  • valve float

  • coil bind

  • mechanical interference

  • mis-shifts or missed gears

  • excessive boost pressure

  • incorrect installed height

 

6A.6 No Returns After Installation or Fitment

(a) As stated in Section 5.1 (b), any Product that has been installed, attempted to be installed, test-fitted, modified, run, or shows signs of fitment is strictly non-returnable unless required by the Australian Consumer Law for a proven major defect.

(b) Installed Products are considered accepted by the customer.

 

6A.7 Off-Road / Race Use Products

(a) Some Products sold by South East Performance Parts are intended for off-road or racing use only and may not comply with Australian Design Rules (ADR).

(b) It is your responsibility to ensure that any modifications comply with state, federal, or local laws.

 

6A.8 No Guarantee of Performance Outcome
(a) Performance results vary depending on tuning quality, engine condition, build specification, workshop competence, and supporting modifications.

(b) South East Performance Parts makes no guarantee regarding horsepower, torque, drivability, fuel economy, emissions compliance, or engine longevity.

 

6A.9 Manufacturer Warranty Assessment

(a) Warranty outcomes for performance parts are determined solely by the manufacturer or authorised distributor.

(b) South East Performance Parts cannot override manufacturer warranty decisions.

(c) Items damaged due to improper installation, incorrect tuning, lubrication issues, detonation, or mechanical failure unrelated to a manufacturing defect are not covered.

 

7. Warranty

7.1 Australian Consumer Law (ACL)
All Products sold by South East Performance Parts come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to:
(a) a replacement or refund for a major failure; and

(b) compensation for any other reasonably foreseeable loss or damage; and

(c) repair or replacement where the goods are not of acceptable quality and the failure does not constitute a major failure.

 

7.2 Warranty Period & Claims

(a) Warranty applies for 12 months from the date of purchase unless the manufacturer specifies otherwise.

(b) To make a warranty claim, you must provide proof of purchase and lodge a claim by email to admin@southeastperformanceparts.com.au.

(c) Products must be returned for inspection before any warranty decision can be made.

 

7.3 Performance Parts Warranty Limitations

Performance components place higher loads on engines. Warranty does not apply to damage caused by:

(a) incorrect installation;

(b) incorrect clearances, including piston-to-valve clearance;
(c) coil bind or valve float;

(d) exceeding recommended RPM limits;

(e) incorrect pushrod length or valvetrain setup;

(f) insufficient lubrication or oil starvation;

(g) detonation, misfires, or tuning errors;

(h) incorrect timing or camshaft installation;

(i) the use of incompatible aftermarket components;

(j) overheating or loss of oil pressure;

(k) use outside the manufacturer’s intended purpose.

These issues are considered installation, setup, or tuning faults — not manufacturing defects.

 

7.4 Installation & Tuning Requirements

(a) All performance components must be installed by a qualified technician.

(b) Many Products require professional ECU recalibration after installation.

(c) Engine damage resulting from improper tuning, incorrect timing, lean/rich operation, excessive ignition timing, or misconfiguration is not covered by warranty.

(d) “Startup tunes”, “base tunes”, or “mail-order tunes” are not accepted as proper tuning for warranty purposes.

 

7.5 No Warranty on Installed or Attempted-Installed Products

(a) Any Product that has been installed, attempted to be installed, modified, run, or shows evidence of fitment is not eligible for refund or replacement under change-of-mind return policies.

(b) Warranty only applies where a manufacturer determines a defect existed prior to installation.

 

7.6 Manufacturer Warranty Decisions

(a) Warranty outcomes are determined only by the manufacturer or authorised distributor after their inspection.

(b) South East Performance Parts cannot override manufacturer warranty decisions.

(c) If a manufacturer denies a warranty claim, the Product will be returned to the customer. No refund or replacement will be issued by SEPP.

 

7.7 Customer Costs & Responsibilities

(a) The customer is responsible for shipping costs associated with warranty assessment.

(b) SEPP is not liable for:

  • labour costs,

  • installation or removal costs,

  • tuning costs,

  • diagnostic fees,

  • workshop time,

  • engine damage arising from installation or tuning issues.

(c) Only the Product itself is eligible for warranty consideration.

 

7.8 Exclusions

Warranty does not apply to:

(a) normal wear and tear;

(b) cosmetic damage;

(c) damage caused by accident, misuse, racing stress, or abnormal operation;

(d) damage resulting from external factors such as debris, contamination, or failure of other components;

(e) Products altered, modified, or repaired by any party other than the manufacturer.

7.9 Inspection Requirement

South East Performance Parts must be provided a reasonable opportunity to inspect the Product. Failure to cooperate with inspection, testing, or information requests may void warranty eligibility.

7.10 This Warranty Is in Addition to ACL Rights

This warranty operates in addition to, and does not limit, any rights under the Australian Consumer Law.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of South East Performance Parts are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by South East Performance Parts or its contributors.

(b) South East Performance Parts retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of South East Performance Parts; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of South East Performance Parts and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) By posting, uploading or submitting any content to the Website (User Content), you grant South East Performance Parts a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify and display such User Content for the purposes of operating and promoting the Website. You represent and warrant that your User Content does not infringe any third party intellectual property rights and that you have all necessary rights to grant this licence.

(e) All third-party trademarks appearing on this website are the property of their respective owners. Their appearance does not imply endorsement, affiliation, or sponsorship. SEPP uses these marks solely to describe products offered for sale.

9. Privacy

South East Performance Parts takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to South East Performance Parts' Privacy Policy, which is available on the Website.

 

10. General Disclaimer

(a) You acknowledge that South East Performance Parts does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. 

(b) South East Performance Parts will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) South East Performance Parts will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of South East Performance Parts (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of South East Performance Parts, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of South East Performance Parts including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of South East Performance Parts) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

11. Limitation of Liability

(a) South East Performance Parts' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of South East Performance Parts is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that South East Performance Parts, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) South East Performance Parts is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of South East Performance Parts, by third parties or by any of the Purchase Services offered by South East Performance Parts.

(d) Notwithstanding any other provision of these Terms, South East Performance Parts shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the Purchase Services, including but not limited to damages for loss of profits, use, data or other intangibles, even if has been advised of the possibility of such damages.

(e) Nothing in this Limitation of Liability clause limits or excludes liability for: (a) major failures of Products under the Australian Consumer Law; (b) non-conforming goods or services; (c) breach of consumer guarantees; or (d) any liability that cannot be excluded by law.

(f) Where the Australian Consumer Law applies and South East Performance Parts is liable for a failure to comply with a consumer guarantee, South East Performance Parts' liability is limited to, at South East Performance Parts' option: (a) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or payment of the cost of replacing or repairing the goods or acquiring equivalent goods; or (b) in the case of services, the resupply of the services or payment of the cost of having the services supplied again, except where the failure amounts to a major failure under the Australian Consumer Law.

(g) You acknowledge that South East Performance Parts does not provide the Delivery Services to you and you agree that South East Performance Parts will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

(h) For the avoidance of doubt, where you are a consumer under the Australian Consumer Law, the limitations and exclusions in this clause 11 do not apply to: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) liability for defective products under the Competition and Consumer Act 2010 (Cth); or (d) any other liability that cannot lawfully be limited or excluded.

(i) For consumer transactions under the Australian Consumer Law, where a failure in the Products does not amount to a major failure, South East Performance Parts may elect to provide a refund, replacement, or repair, and our liability is limited to the cost of such remedy, except where you are entitled to reject the Products or claim damages for a major failure. 

 

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by South East Performance Parts as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying South East Performance Parts at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where South East Performance Parts has made this option available to you.

(c) Your notice should be sent, in writing, to South East Performance Parts via the 'Contact Us' link on our homepage.

(d) South East Performance Parts may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) South East Performance Parts is required to do so by law;

(iii) the partner with whom South East Performance Parts offered the Purchase Services to you has terminated its relationship with South East Performance Parts or ceased to offer the Purchase Services to you;

(iv) South East Performance Parts is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by South East Performance Parts is, in the opinion of South East Performance Parts, no longer commercially viable. 

(e) Subject to local applicable laws, South East Performance Parts reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts South East Performance Parts' name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and South East Performance Parts have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

13. Indemnity

(a) You agree to indemnify South East Performance Parts, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

 

14. Dispute Resolution

14.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Adelaide, Australia.

14.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.6. Consumer Rights Preserved

Nothing in this dispute resolution clause prevents either party from seeking urgent interlocutory relief or pursuing remedies under the Australian Consumer Law, and consumers retain all statutory rights to access tribunals and courts for consumer guarantee claims.

14.7. Alternative Dispute Resolution Options

If mediation does not resolve the Dispute within the timeframes specified in clause 14.5, either Party may refer the matter to an appropriate industry ombudsman or the Australian Consumer Law dispute resolution scheme, and consumers may access small claims tribunals or court proceedings for claims exceeding mediation limits.

14.8. Alternative Dispute Resolution

The Parties may agree to conduct mediation by video conference or other electronic means where attendance at the specified venue would cause undue hardship, and any party may refer unresolved consumer disputes to an Australian Consumer Dispute Resolution Scheme member without completing mediation.

14.9. Consumer Access to Statutory Remedies 

Consumers may access the Australian Consumer Dispute Resolution Scheme, relevant industry ombudsman, or small claims tribunals at any time without completing this mediation process, and this clause does not limit any statutory rights or remedies available under the Australian Consumer Law.

 

15. Venue and Jurisdiction

The Purchase Services offered by South East Performance Parts are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

 

16. Governing Law

The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.