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Interpretation
“Company” means the entity owning the Website (namely “TYRECONNECT Pty Ltd” or “tyreconnect”) and any related body corporate as defined in the Corporations Act 2001 (Cth).
“Client” means any user and/or visitor of the Website.
“Services” means all services provided by the Company through the Website and includes any advice, recommendations and intellectual or intangible property.
“Website” means the tyreconnect portal, which can be found at http://tyreconnect.com.au, or any other website owned by the Company.
“Content” means all text, graphics, logos, a icons, video images, audio clips, code, scripts, design elements, interactive features, advertisements, products, service offers, valuations, software, links and any other related content provided on the Website or any other website owned by the Company.
About
The Website is provided and operated by the Company. By accessing and/or using the Website, the Client agrees to be bound by these Terms of Use and all other terms and conditions referred to in this Agreement.
The Company reserves the right to terminate the Client’s access to the Website, at any time and without notice.
Limitation of Liability, Warranty and Responsibility
These Terms of Use do not limit or exclude any warranty, guarantee, liability or condition provided in the Terms and Conditions of the Company.
Except to the extent required by law, all other conditions, warranties and representations on the part of the Company, whether express or implied, are hereby expressly excluded.
To the extent permitted by law, under no circumstances shall the Company be liable for any direct or indirect loss (including without limitation loss of profit, loss of opportunity, loss of the use of money or any other consequential or pure economic loss) or damage whether special or consequential however arising suffered by the Client.
Use of the Website
The Client acknowledges that the Content made available on the Website is provided as general information only and the Company will assume no liability or responsibility for any errors or omissions in the Website’s Content.
The Client further acknowledges that its use and browsing of the Website is at its own risk. Whilst the Company makes every reasonable efforts to ensure the accuracy and completeness of the Website’s Content, the Company makes no warranties or representations as to its accuracy, reliability, currency and completeness.
The Client must keep the username and password provided by the Company secure and confidential and ensure that those details are not shared with any third party, under any circumstance. The Client accepts responsibility for any unauthorised use of a username and password issued by the Company.
Copyright, Trademarks and Intellectual Property
The Website, the Services and all other related products of the Company are subject to copyright and trademarks. The Content of the Website is protected under the laws of the Commonwealth of Australia and the relevant International Laws and Treaties. Unless otherwise indicated, all Content of the Website is owned, controlled and reserved by the Company or its contributors.
The Company retains all rights, title and interest, including copyrights, patents and trademarks; in and to the Website, Services and Content therein.
Except to the extent permitted by law, the Client hereby agrees not to broadcast, republish, transmit, post, distribute, query, access, scrape, retrieve, data-mine, modify, copy, reproduce, publish or license the Content of the Website, in any way and for any purpose.
Except to the extent permitted by law, the Client further agrees not to use or attempt to use, mirror or frame any of the Content of the Website to create any website or searchable database. The Client authorises the Company to use its logo, branding or other trademarks for the Company’s marketing efforts. The Client grants the Company a right to use its trademarks in a manner that is non-exclusive, non-transferable and royalty free.
Software Services
The Company grants the Client a personal, non-transferable, license to use or browse the Website in accordance with these Terms of Use and the Terms and Conditions of the Company.
Whole Agreement
These Terms of Use together with the Terms and Conditions of the Company and the Privacy Policy shall govern all transactions between the parties.
The Terms and Conditions and Privacy Policy can be found on the Company’s website at “Terms and Conditions” hyperlink located at the bottom of each page of the Company’s Website.
The Client and the Company agree that the Terms of Use may be altered unilaterally by the Company at any time and without notice.
Jurisdiction
These Terms of Use are deemed to have been made in the Governing State and shall be interpreted in accordance with the laws of the Governing State, Australia, and the parties submit to the non-exclusive jurisdiction of that State’s Courts, except to the extent that the laws of the Commonwealth of Australia apply.
Business Purpose Declaration
The Client hereby acknowledges that the use or bowsing of the Website is to be wholly or predominantly for business purposes and not for personal, domestic or household purposes.
Lawful Purpose Declaration
The Client further agrees to only use or browse the Website for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party.