Terms & conditions

GENERAL TERMS AND CONDITIONS

Where used in these Terms of Use, “Terrafirma Tyres” means Exclusive Tyre Distributors Pty Ltd ABN 51159029357 and its authorised distributors from time to time. Except as otherwise provided in a written agreement signed by Terrafirma Tyres, these Terms of Use represent the entire understanding between you and Terrafirma Tyres and your use of www.terrfirmatyres.com.au (the “Site”) and your submission of any materials to us. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of both the Terrafirma Tyres Privacy Policy and Refunds Policy (the “Policies”). Terrafirma Tyres reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use and/or the Policies, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Policies, your sole and exclusive remedy is to discontinue your use of the Site.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

GENERAL DISCLAIMER

Terrafirma Tyres provides this Site and its services on an “As is”, “with all faults” and “as available” basis. Except for the warranties set out in the Terrafirma Tyres Refunds Policy, Terrafirma Tyres makes no representations or warranties of any kind, express or implied, including without limitation those related to: 1) The operation of the Site; 2) The information, content, materials, or services included or described therein; and 3) Any application or information submitted to us through the Site. Except for the warranties set out in the Terrafirma Tyres Refunds Policy but otherwise to the fullest extent permitted by applicable law, Terrafirma Tyres disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the Site, including without limitation warranties related to the operation of the Site, the information, content, materials, s and services described therein except as provided in the Terrafirma Tyres Refunds Policy, and any information or applications submitted through the Site. Without limiting the foregoing, Terrafirma Tyres does not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Terrafirma Tyres does not warrant or make any representations regarding the use of the materials on the Site or the service described therein.

LIMITATION OF LIABILITY

The use of the information on this Site is at your own risk. In no event shall Terrafirma Tyres, its directors, employees, shareholders, distributors and other representatives be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, loss of data, arising out of or relating to the Site, the operation of the Site, any application or information submitted to us through the site, and/or the services described therein, even if Terrafirma Tyres is expressly advised of the possibility of such damages.

LINKS

The Site may contain links to other websites on the internet that are owned and operated by someone other than Terrafirma Tyres. Terrafirma Tyres provides these links solely as a convenience. The appearance of a link does not imply Terrafirma Tyres endorsement, nor is Terrafirma Tyres responsible for the content of any linked site. You access linked sites at your own risk.

GENERAL PROPRIETARY RIGHTS

The Site is owned by Terrafirma Tyres and contains material that is derived in whole or in part from Terrafirma Tyres and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in anyway any material from the Site, including without limitation code or software, without Terrafirma Tyres express written permission.

COPYRIGHT

All copyright in this website design, text, code, graphics, interfaces, and arrangements thereof, and all software relating to this website belongs to or is licensed by Terrafirma Tyres and is protected by Australian, New Zealand and international copyright laws. Prior permission to use, reproduce or reprint any photograph, illustration, artwork, text copy or other material on the site must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the site is a violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

TRADEMARK STATEMENT

All trademarks, service marks, trade names and branding on this website belongs to their respective owners including without limitation Terrafirma Tyres. Terrafirma Tyres does not give you any licence or right to use them.

APPLICABLE LAW

Terrafirma Tyres operates the Site from Brisbane, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

DISPUTES

You agree that any action at law or equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these terms of use may be brought by either party more than one year after the cause of action has accrued.

TERMINATION

These Terms of Use shall remain in force until terminated by Terrafirma Tyres. Terrafirma Tyres may terminate these Terms of Use or suspend your access to all or part of the Site, without notice, for any conduct Terrafirma Tyres, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

LIMITATION ON USE OF AUTOMATED TOOLS

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Site and/or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us and/or our dealers electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

INTERNATIONAL USE

The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only.

MISCELLANEOUS

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

NOTICE OF POTENTIAL INFRINGEMENT

To notify Terrafirma Tyres of any suspected infringement, please contact us via our contact form.