Terms of Use
Terms and Conditions of the use of the Tireworld web-site.
These Terms and Conditions apply when you access our website to use www.thetyrefactory.com.au, www.citydiscounttyres.com.au or www.iandiffen.com.au. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our website to which these Terms and Conditions apply.
Tireworld may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website ("the Site").
Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.
1. General Information
1.1 For your information we list below the address details of Tireworld: Contact Address: Tireworld 4 - 8 Parker Street Footscray VIC 3011
2.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions.
3. Formation of Contract
3.1 In order that a legally binding contract can be formed between Tireworld and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions unconditionally by clicking the 'I accept' checkbox during the registration process.
3.2 Tireworld in their absolute discretion reserves the right to refuse, suspend or cancel membership of any member.
3.3 These Terms and Conditions shall override any contrary terms or conditions published by Tireworld or appearing on this website pertaining to members.
3.4 In consideration of Tireworld agreeing to the member's use of the Site and its Services (as defined in clause 9.1 below), the member agrees to comply with these Terms and Conditions.
4. The Site
4.1 Tireworld reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member's responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Tireworld.
4.2 Tireworld does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
4.3 Where Tireworld provides hyperlinks to a third party's website, Tireworld shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Tireworld does not endorse or approve the content of such third parties websites.
4.4 Tireworld makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.
5. Your Information
5.1 "Your Information" is defined as any information you provide to Tireworld or other users during registration, in any public message area, through feedback or any e-mail or form features
5.2 Your Information and conduct (or any items listed therein) shall not:
- be false, inaccurate or misleading
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
- violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
- be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material
- contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
- post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user
5.3 To enable Tireworld to use Your Information supplied, such that we are not violating any rights you might have in that information, you agree to grant Tireworld a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Tireworld will only use Your Information in accordance with the Privacy Policy to the Site.
5.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. Tireworld may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.
5.5 While Tireworld cannot review all transmissions by members, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Tireworld, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of this agreement.
6. Access and Interference
6.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Tireworld.
6.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
6.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
6.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Tireworld by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Tireworld or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.
7. Ratings
7.1 You may not take any actions, which may undermine the integrity of the ratings system.
7.2 Export. You acknowledge that your rating consists of a composite number compiled by the aggregated ratings of other site users. Because ratings are not designed for any purpose other than for facilitating information searching for Tireworld members, you agree that you shall not market or export your Tireworld rating in any other venue.
8. Breach
8.1 Without limiting other remedies, Tireworld may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:
you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)
Tireworld are unable to verify or authenticate any information you provide to us; and
Tireworld believe that your actions may cause legal liability for you, our members or us
9. Privacy
9.1 By registering, you are agreeing that other members may make statements about your views, opinions or services which you regard as untrue. In any such case, if you contact Tireworld, giving full details, Tireworld will conduct a brief investigation and may remove the offending statement. Whether or not the offending statement is removed you hereby waive any right you might otherwise have against Tireworld in connection with such statements. You accept that Tireworld cannot control such statements and it is not practicable to conduct full, detailed, investigations. For more details on Privacy, please review our Privacy Policy.
10. No Warranty
10.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Tireworld and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.
11. Liability Limit
11.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Tireworld where and to the extent that applicable law prohibits such exclusion or limitation.
11.2 Subject to the above statement and any clauses relating to limitation of liability elsewhere in these terms and conditions, in no event shall Tireworld or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement including the Site or Services.
11.3 Accordingly, subject to clause 17.1, you agree not to bring a claim of any nature against Tireworld in relation the use of or access to the Site and use or access to the Services, except where such a claim cannot be excluded by law. You acknowledge and agree that Tireworld will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Tireworld in breach of the foregoing.
11.4 Tireworld shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any Service.
11.5 Tireworld shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and Services. Subject to clause 17.1 above, Tireworld shall not be liable for any damage or expenses incurred by you or any other person as a result of such modification, suspension or cancellation of any game or reasonable amendment to these Terms and Conditions.
11.7 Tireworld shall not be liable for orders for purchase of or subscriptions to Services which are made via the Site but are not received by Tireworld for any reason, including but not limited to errors, disruption or downtime of Site which may, owing to corruption of data, lead to such orders/subscriptions being lost or which may lead to orders of/subscriptions to Services being submitted incomplete or with errors in which case such orders of/subscriptions to Services may need to be re-submitted.
12. Indemnity
12.1 You agree to indemnify, defend and hold harmless Tireworld and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance
13.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
14. Notices
14.1 All notices required to be served on Tireworld shall be sent to the contact address stated in clause or as otherwise notified on the Site from time to time for such purpose.
15. Intellectual Property
15.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to Tireworld or its third party licensors. Accordingly, any part of this Site (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.
15.2 Subject to the terms and conditions herein, copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Tireworld or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
15.3 Tireworld reserves the right to license and republish the material contributed by you.
15.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Tireworld or the relevant licensee's prior written permission; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Tireworld Services without Tireworld or the relevant licensee's prior written permission; display, publish, copy, print, post or otherwise use the Tireworld Services and the information contained therein for the benefit of any other website without Tireworld or the relevant licensee's prior written permission; process or otherwise use the information contained on or within the Tireworld Services for any illegal or immoral purpose nor use or process the same unfairly.
15.6 You therefore hereby undertake to Tireworld to indemnify and hold harmless Tireworld in full and defend at its own expense Tireworld against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Tireworld its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
15.7 Tireworld, www.thetyrefactory.com.au, www.citydiscounttyres.com.au, www.iandiffen.com.au, the Tyre Factory logo, the City Discount Tyres logo and the Ian Diffen The Tyre Factory logo are trade names or trade marks of Tireworld, the use of which is expressly forbidden by any other persons without the express permission of Tireworld.
15.8 Tireworld makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Tireworld Services please contact Tireworld at the address below.
16. Intellectual Property Infringement
16.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Tireworld to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
16.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Tireworld immediately. Tireworld accepts no liability for copyright or trade mark infringement or any other infringement of a third party's intellectual property rights by any of its members though Tireworld will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.
17. General
17.1 This Agreement shall be governed in all respects by the laws of Australia as if the Agreement was a contract wholly entered into and wholly performed within Australia. The parties hereby submit to the exclusive jurisdiction of the Australian courts.
17.3 The laws of your country may be different from those of Australia in numerous respects. There is no practical way for Tireworld to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Tireworld does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
17.4 Tireworld does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.
17.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country
17.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).
