TERMS OF USE

LEGAL NOTICES

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.tyreplus.com.au. This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use and which can be found on this page.

www.tyreplus.com.au is a site operated by Michelin Australia Pty Ltd. ("We").  We are registered in Australia and have our registered office at 51-57 Fennell Street, Port Melbourne, VIC 3207 which is also a trading address. Our ABN number is 84 006 761 628.

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.tyreplus.com.au (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

Prohibited uses:

You may use our site only for lawful purposes. You may not use our site:

 

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use contained on this page

Not to access without authority, interfere with, damage or disrupt:

any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

 

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

 

Chat rooms.

Bulletin boards.

("interactive services").

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

 

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

 

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use contained on this page upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

 

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

Information about us

www.tyreplus.com.au is a site operated by Michelin Australia Pty Ltd. ("We"). We are registered in Australia and have our registered office at 51-57 Fennell Street, Port Melbourne, VIC 3207 which is also a trading address. Our ABN number is 84 006 761 628.

 

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

 

When using our site, you must comply with the provisions of our acceptable use policy contained on this page. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

 

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

 

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time;

and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Information about you and your visits to our site

We process information about you in accordance with our privacy policy contained on this page. By using our site, you consent to such processing and you warrant that all data provided by you is accurate

 

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy contained on this page. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

 

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

 

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy contained on this page.

 

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 site will cease immediately.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link from any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy contained on this page.

 

If you wish to make any use of material on our site other than that set out above, please address your request to contact.us@au.michelin.com.

 

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them

 

Trade marks

MICHELIN, the Michelin Man (Bibendum) and product names are registered trade-marks licensed to Michelin Australia Pty Ltd.

 

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

Your concerns

If you have any concerns about material which appears on our site, please contact contact.us@au.michelin.com.

 

Thank you for visiting our site.

 

[NOTE: These Terms of Use have been prepared as an example template only, and you should ensure that any Terms of Use displayed on your Website have been reviewed by your own independent legal counsel to ensure compliance with all applicable laws (including relevant consumer protection laws). Tyredating provides NO warranty or representation that these Terms of Use will be in compliance with applicable laws or cover all areas required to be covered by You and Tyredating and accepts NO responsibility or liability for any errors or omissions in this template Terms of Use, or at all.]

 

[Name of your eShop] (the “Website”) is operated by [To be completed with the name of your company, its registered address and the registered number] ("[insert name]", “we”, "us" or "our").

 

These terms of use (“Terms of Use”) and our Privacy Policy define the legal framework governing access to and use of the Website. [Note: Consider whether your Website also requires a Terms of Sale to be drafted (i.e. the inclusion of terms associated with payment, refunds, and terms associated with the products being sold etc.) and included as part of the legal framework governing access to and use of the Website by consumers]

 

Access to and use of the Website are subject to your acceptance of these Terms of Use, as they may be amended from time to time by us. Please read carefully these Terms of Use, as well as our Privacy Policy, before using the Website. By accessing the Website you are deemed to have accepted these Terms of Use.

 

 

  1. Use Of The Website

 

Subject to your full compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right of access and use of the Website and its content, including without limitation, any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”) for the sole purpose of using the Website. Any other rights are expressly excluded except otherwise provided in a specific written agreement.  

 

Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Website and/or the Content; (ii) extract, all or any part of the Website and/or the Content or create any derivative work from all or part of the Website and/or the Content; (iii) reverse engineer, compile, decompile, disassemble or transform, in any way the object code of the Website and/or the Content into source code; or (iv) publish and/or make any use of the Content on any website, media, network or system other than those provided by us and as expressly permitted under these Terms of Use; (v) use the Website to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights or is otherwise unlawful; (vi) distribute, license, sublicense, assign, share, sell, resell, rent, lease, loan, transfer, assign, time share or otherwise commercially exploit in any way the Website and/or the Content; (vii) misuse the Website by knowingly introducing viruses, Trojans, worms, malware, or other material which is malicious or technologically harmful or attack the Website via a denial or service attack or distributed denial or service attack; (viii) attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website (ix) use any data mining, robots, or similar data gathering and extraction methods on the Website; or (x) use the Website and/or the Content for purposes other than those expressly authorized by these Terms of Use.

 

We reserve the right to modify all or part of the Website, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Website. We will use reasonable endeavors to inform you of any substantial modification to the Website by placing a notice on the Website.

 

You recognize that you will be able to use the Website only if your device is connected to the Internet network. Traffic or access fees charged to you due to the use of the Website are subject to the general terms concluded with you Internet service provider or mobile network operator. You understand the risks associated with the use of the Internet, including, without any limitation, unavailability of the Website, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.

 

  1. Term And Termination

 

As long as you use the Website, these Terms of Use shall be applicable between you and us.

 

In the event we consider that your use of the Website is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including terminating your access to the Website and to take any legal action we deem appropriate.

 

You may terminate your use of the Website at any time by ceasing to access the Website.

 

You acknowledge that we have no liability to you for any reason whatsoever arising from any rightful termination of your access to the Website.

 

  1. Proprietary Rights

 

The Website and its Content as well as, without limitation, all copyrights, trademarks, service marks, trade names, logos, drawings, pictures, databases and any other intellectual property rights in and to the Website and Content, whether registered or unregistered, are our property or our licensors’ property.

 

You may not display or reproduce any trademarks or Content without our prior written consent.

 

Access to and use of the Website and/or the Content shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to the Website that are not expressly granted to you in these Terms of Use.

 

  1. Liability

 

 

We shall not be liable to you or to any third party for any loss or damages, including any special, indirect, incidental, or consequential loss or damages of any kind arising from or otherwise in connection with your use of this Website or any information, services or Content on this Website, even if we had been advised of the possibility of such damages.

 

You will be responsible for any loss we suffer as a result of your violation of these Terms of Use. You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

 

To the extent permitted by applicable laws, the Website and its Content are made accessible on an “as is” and “as available” basis with no warranty of any kind. We exclude and disclaim and give no warranties or representations, express or implied in respect of the Website and its Contents, including, without limitation, including (i) while we endeavour to provide a convenient and functional Website, we do not guarantee that the Website and its supporting elements will meet your requirements or be suitable for your purpose, (ii) we do not guarantee that the Website will be uninterrupted, timely, accurate. Complete, secure or free from default, errors or defects or will not infringe third party rights, (iii) the result that may be displayed through the Website will be accurate, up to date or reliable.

 

We reserve the right to correct any errors or omissions on our Website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Website, we do not guarantee or warrant that our Website or materials that may be downloaded from our Website do not contain such destructive features including viruses, or other malicious or unauthorized code or programs. We are not liable or responsible for any loss, damages or harm including corruption or interception of data sent to or from the Website which occurs outside of our technology systems (such as those that occur while being sent over the internet). If you rely on our Website and any materials available through our Website, you do so solely at your own risks.

 

Nothing in these Terms of Use excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by applicable law which cannot be lawfully excluded, restricted or modified. If any guarantee, warranty or term is imposed by an applicable law and cannot be excluded (Non-excludable Provision), and we are able to limit your remedy for a breach of the Non-excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively to one or more of the following, solely at our option:

 

  1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
  2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or, where this is a result of your breach of these Terms of Use without notice. In such instances, we will aim to provide you with notice, however this will not always be possible. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Website.

 

  1. Links To Third-Party Websites

 

The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We are not responsible for (i) the availability or the content of other services that may be linked to our Website, or (ii) the privacy or other practices of such websites. 

 

Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse or approve and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such service.

 

  1. Modification Of The Terms Of Use

 

We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification by placing a notice on the Website. Your continued access and use of the Website after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.

 

If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Website.

 

  1. Governing Law And Disputes

 

These Terms of Use are governed by and construed in accordance with the  laws of [New South Wales], Australia. The parties submit to the jurisdiction of the courts of [New South Wales] and the Commonwealth of Australia.

 

  1. Miscellaneous

 

These Terms of Use, our Privacy Policy, [and insert any other terms and conditions, for example terms of sale if applicable] form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Website.

 

If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, the remaining provisions shall survive and continue to be binding and enforceable.

 

Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

LEGAL NOTICE

 

Publisher: [name and legal form of the company], with its principal address at [address of the registered offices], registered under number [To be completed] Telephone: [to be completed]

Email: [to be completed]

 

Director of the publication: [To be completed]

 

Hosting Services provider: [name] [address]

Telephone: [to be completed]

 

 

Last updated on [_insert].