TERMS OF SERVICE
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OVERVIEW
This website is operated by Big O Tyres & Wheels Pty Ltd. Throughout the site,
the
terms “we”, “us” and “our” refer to Big O Tyres & Wheels Pty Ltd
. Big O Tyres & Wheels Pty Ltd offers this website, including all information,
tools
and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any time on this page. We reserve the right to
update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is
your responsibility to check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these
Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material
on this site is provided for general information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have
no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products/services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance
of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may
have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at
the website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit
the quantities of any products or services that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained
by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the
e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our
website. You agree to promptly update your account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or
any other transactions made in connection with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal
mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall
be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3)
to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any
way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to
be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any
way that will affect the functionality or operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate
your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at
any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly stated by us) provided 'as is'
and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Big O Tyres & Wheels Pty Ltd, our directors, officers,
employees,
affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other claim related in any way to
your use of the service or any product, including, but not limited to, any errors or omissions in any content, or
any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages,
in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Big O Tyres & Wheels Pty Ltd
and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination
of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between
you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of the land.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us
at info@bigotyres.com.au.
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