Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Welcome to Tyre Review, which is operated by TYREREVIEW.COM.AU PTY LTD ACN 614 781 047 (we, us or our). By using this website, you confirm that you accept these terms, and you agree to comply with them. If you do not agree to these terms, you must not use this website.

1. Access

1.1 You must set up an account with us (Account) in order to fully utilise this website. You warrant that information provided by you in setting up an Account is true, accurate, current and complete, and you agree to maintain and promptly update any changes to your Account information.

1.2 We may, on notice to you, vary these terms. Your continued use of the website following any changes indicates your acceptance of the changes.

1.3 You are solely responsible for maintaining the confidentiality and security on your Account.

1.4 We reserve the right, at our sole discretion, to refuse registration of users, or cancel Accounts for any reason.

2. User-generated content

2.1 This website may include information and materials uploaded by other users of the website. This information and these materials have not been verified by us. The views expressed by other users on our website do not represent our views or values.

2.2 This website may contain features that allow users to post, record, submit, publish, display or transmit to us, other users or other persons (post) content or materials, including recordings (collectively, User Contributions) on or through the website.

2.3 All User Contributions must comply with the content standards set out in paragraph 3 of these terms.

2.4 Any User Contribution you post to the website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you:

(a) grant us and our affiliates, customers and service providers, and each of their and our respective licensees, successors and assigns the right to use, sublicence, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including for commercial use; and

(b) agree you will have no right of approval, no claim for compensation, and no claim (including without limitation, claims based on invasion of privacy, defamation or right of publicity), arising out of, directly or indirectly, from the use, broadcast and publication of any User Content.

2.5 To the extent you have moral rights within the meaning of the Copyright Act 1968 (Cth) in relation to any User Content. You irrevocably consent to all acts or omissions committed by us or that may infringe any or all such moral rights, whether occurring before or after this consent is given, and if those non/acts are committed in a place in which consent is inadequate to permit them without infringement, you irrevocably waive your moral rights in that place.

2.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

2.7 You represent and warrant that:

(a) you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates, customers and service providers, and each of their and our respective licensees, successors and assigns;

(b) all of your User Contributions do and will comply with these terms.

(c) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness; and

(d) We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.

2.8 We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion.

3. Content

3.1 The content standards in this clause apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

(b) contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(c) infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

(d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy;

(e) be likely to deceive any person;

(f) promote any illegal activity, or advocate, promote or assist any unlawful act;

(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

(h) impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

(i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;

(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

(k) contain phone numbers, email addresses or links to websites;

(l) discuss price, availability, or ordering options; and

(m) discuss tyre shops and/or where you bought tyres from.

3.2 Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards in this clause.

3.3 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

4. Disclaimer and warranties

4.1 We do not warrant that the use of this website will be uninterrupted, error free, secure or free of infection by computer viruses or other conditions which could damage or interfere with data, hardware or software which might be used. You acknowledge that you assume all risk of use of all programs and files associated with this website, and you will not hold us liable for any loss, damage or liability arising from such use.

4.2 You understand and agree that your use of our website is provided “as is” and “as available.” The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely.

4.3 This website may be accessed throughout Australia and overseas. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with all local laws.

4.4 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, this website is not available at any time or for any period of time.

4.5 You warrant that you will:

a) comply with all applicable laws when using this website;

b) not violate or attempt to violate the security of this website;

c) not hack into this website, our computer systems or the computer systems of other users of this website. Hacking includes unauthorised access, malicious damage and/or such data.

5. Liability and indemnity

5.1 We are not liable for:

(a) any content on this website that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;

(b) any terms or conditions implied by statute or law, unless we are not permitted at law to exclude such terms or conditions; and

(c) any negligence by us, our employees or contractors in connection with your use of this website.

5.2 To the extent permitted by law you agree that we will not be liable to you for loss or damages of any kind arising out of or in connection with your use, or inability to use, this website, or any content on this website, whether caused by tort (including negligence), breach of contract, statute or otherwise.

5.3 You indemnify us for and against all liability incurred by us and any third parties from, or in connection with, your Account, your use of this website, your use of third party websites linked through this website, any content you submit to this website and your breach of these terms of use.

6. Privacy and Confidentiality

6.1 We may use information you provide to us and any technical information about your use of this website to tailor the experience or, facilitate the use of this website for you, or to communicate with you, in accordance with our Privacy Policy.

6.2 Your use of this website may involve disclosure of your personal information to other users of this website. If you object to this disclosure, please do not disclose your personal information on this website.

6.3 You consent to us sending you emails informing you of our website and other services we may offer. You can choose not to receive marketing information from us by contacting us.

7. General

7.1 Nothing in these terms will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

7.2 These terms contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

7.3 If any part of these terms are void, unenforceable or illegal, they will be severed and the remainder of these terms of use will continue to have full force and effect.

7.4 These terms contain the entire understanding between the parties concerning the subject matter of these terms and supersedes all prior communications. These terms are governed by and constructed under the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.