Mobile Tyre Shop Terms And Conditions
PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO USING THE WEBSITE OR PURCHASING FROM THE COMPANY. THESE TERMS OR USE LIMIT YOUR LEGAL RIGHTS, AND INCLUDE AN IMPORTANT ARBITRATION REQUIREMENT. IF YOU DO NOT AGREE WITH THESE TERMS OR THE INCLUDED ARBITRATION REQUIREMENT, PLEASE DO NOT USE THIS WEBSITE OR ORDER FROM THE COMPANY.
Welcome to www.mobiletyreshop.com.au, the home of Mobile Tyre Shop Holdings Pty Ltd (ACN 611 355 214) ATF The Mobile Tyre Shop Unit Trust ABN 49 122 898 100 (referred to as “Mobile Tyre Shop”, “Company”, “we,” “us,”or,” our”). Before you begin to use the www.mobiletyreshop.com.au website (“Company Website”), please take a moment to review this Terms of Use Agreement (“Agreement”). The Agreement describes the terms and conditions applicable to your use of the Company Website and the products and services provided through or in connection with the Company Website, Mobile Tyre Shop (collectively, “Service” or “Product”), which may be updated by Company from time to time without notice to you. Company may also offer other services that are governed by a different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the Company Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference before you use the Service. By accessing the Company Website, you agree to abide by the Terms of Use and Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
CANCELLATION/REBOOKING/NON ATTENDANCE
In the event that the customer cancels an order/appointment, a cancellation fee of $99 will be charged. Should we attend an appointment and be unable to perform the required services for reasons such as unavailable vehicle, incorrectly selected tyres, lock nut unavailable, etc a fee of $145 will be charged.
Mobile Tyre Shop endeavour to help the user select the right tyres for their vehicle and personal driving preferences by providing online tools such as a registration search guide through third party suppliers. Although this information is the most up-to-date information available, in some cases it may no longer be correct due to modifications to the wheels and/or vehicle, or where multiple wheel size options were available for the model of vehicle at time of purchase. It is the purchaser’s responsibility to ensure that any tyres ordered are of the correct size and specification to ensure the legality of your vehicle on the road. If you are unsure, please contact Mobile Tyre Shop and we will be happy to assist.
Should you choose to purchase tyres of a different size than those currently on your vehicle, it may alter the vehicle’s roadworthiness and prevent Mobile Tyre Shop from being able to fit the tyres to the vehicle. Please thoroughly check that you have ordered the correct size and specification of tyre to prevent any additional costs being incurred.
ELIGIBILITY
Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law.
OFFER; ORDER ACCEPTANCE; PAYMENT
SHIPPING & PROCESSING FEES ARE NON-REFUNDABLE.
The company accepts orders via internet. Acceptable forms of payment include Visa, MasterCard, American Express, Zip and Afterpay (“Electronic Payment”). Any prices listed are $AUD. At the time of your order, we will authorize the full cost of your order which includes the Product as it may be advertised, plus any ancillary options that you select during the order process, as well as shipping & processing fees. This authorization is to verify the validity of your account information and ensure that your card has not been reported lost or stolen by your bank. Although your account will not actually be charged or debited until your shipment is processed, as a result of our authorization funds will be reserved against your account for up to thirty (30) days. By providing your account information, you authorize Company to authorize and settle a charge or debit to your account for this transaction. You agree to timely payment of all charges in accordance with your cardholder agreement with the card issuer. It is your responsibility to report any billing discrepancies to Company within sixty (60) days after such discrepancy appears on your statement.
If your card is declined and you have verified that you have entered your information correctly, please contact your bank directly to resolve issues such as these; your bank cannot provide Company with information about why your payment declined. Another alternative is to select a different payment method.
Prior to any works commencing to the vehicle the original credit/debit card used for the purchase must be presented to our technician for inspection. In the event the purchaser/ owner of the Credit Card will not be at the vehicle then a scanned copy of their photo identification and credit/debit card must be forwarded to Mobile Tyre Shop for their inspection prior to the commencement of works.
SHIPPING & PROCESSING
Non-refundable shipping & processing fee(s) will be assessed on your order, regardless of payment method.
DELIVERY
All orders ship via service with delivery by our designated courier. Company is not responsible for delays in making delivery or for failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages or slow downs, accident, flood, war, national emergency, acts of God, public disorder, transportation shortages or delays, and shortages of fuel or materials.
Please Note: Company makes a good faith effort to ensure the accuracy of all text, including, but not limited to: product descriptions, pricing, availability, and all offerings including the technical coding, functionality, and performance of and as presented via our web sites, and through our process of transaction processing. Our extensive and continual review process coupled with our testing process ensures that the risk of error and inaccuracy is mitigated. However, we reserve the right to review all orders for accuracy and fraud, to the best of our ability, in a timely fashion. As such, we reserve the right to hold and/or cancel orders deemed inaccurate or fraudulent, and limit our responsibility to the cancellation of the order(s), notification of the customer, and refunding of any monies collected.
RETURNS POLICY
We reserve the right to refuse returns.
CUSTOMER SERVICE
Email: [email protected]
If you have any questions about the security on our Website, please feel free to e-mail us.
PRODUCT WARRANTY
Our tyres come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
We defer any other warranties to the warranties provided by the tyre manufacturer of the tyre.
DAMAGED, INCORRECT AND FAULTY PRODUCTS
If you receive a tyre that you believe is damaged or faulty please contact us.
CONTENTS AND LINKING
All material that appears on this website is for general informational purposes only listed in an effort to educate you regarding our Services. While we try to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated regularly, and certain information may not be the most current information available. Though we may post follow-up information and reports and may continue to provide access to the original information and reports, before you act on information you’ve found on our website, you should independently confirm any facts that are important to your decision. Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of Company or its licensors and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to:
Mobile Tyre Shop
1/174 Atlantic Drive
Keysborough, Victoria, Australia 3173
We welcome links to the homepage of our website with prior approval from Company, so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Company. To request to add a link to our homepage on your website, send an email to [email protected]. We reserve the right to deny any link request and/or to block any link after approval has been given. Note: we do not permit framing or inline linking to our website or any portion of it.
BUSINESS TRANSITIONS
In the event Company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via e-mail and/or a prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.
TRADEMARK & PATENT INFORMATION
Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company marks”). You agree not to display or use the Company marks in any manner, without Company’s prior written permission.
VIOLATIONS
You should report any violations of the Agreement to [email protected]
SUBMISSIONS AND POSTINGS; DISCLOSURE
You are solely responsible for any information that you submit or post on this website. By using this website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
TERMINATION
Company reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this agreement, or any other terms, agreements, or policies that apply to this website and the use of it.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defence.
DISCLAIMER OF WARRANTIES AND LIABILITY
You agree that your use of this website is at your sole risk. Because of the number of possible sources of information available through the website, and the inherent hazards and uncertainties of electronic distribution, there may be interruptions, delays, omissions, inaccuracies, or other problems with such information. If you rely on this website or any material available through this website, you do so at your own risk. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through this website.
This website is provided to you “as is,” “with all faults,” and “as available.” company and its agents and licensors cannot and do not warrant the accuracy, completeness, usefulness, timeliness, noninfringement, merchantability or fitness for a particular purpose of the information available through the website, nor do they guarantee that the website will be error-free, or continuously available, or that the website will be free of viruses or other harmful components.
Under no circumstances shall company (including its parents, subsidiaries, and affiliates) or its agents or licensors be liable to you or anyone else for any damages arising out of any use or misuse of this website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if advised beforehand of the possibility of such damages, regardless of the form or cause of action including, but not limited to, contract, negligence, and other tort actions. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of the company and its agents and licensors is limited to the fullest extent permitted by such state law. You agree that the liability of company (including its parents, subsidiaries, and affiliates) and its agents and licensors, if any, arising out of any kind of legal claim in any way connected to the website shall not exceed the amount you paid to the company for the use of the website.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent a court determines any provisions in this Agreement to be unenforceable; such a determination shall not affect the validity of the remaining terms of this Agreement, which shall remain in full force and effect.
COSTS OF RECOVERY
Costs of Recovery: The Customer shall pay the Supplier for all costs incurred by the Supplier (including costs for which the Supplier may be contingently liable) in any attempt to collect any monies owed by the Customer to the Supplier under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
CHOICE OF LAW
This Site is controlled, operated and administered by the Owner from its offices within Australia. The Owner makes no representation that the contents of this Site are appropriate or available for use in any other jurisdiction outside of Australia and access to this Site from any jurisdiction where its contents are illegal is prohibited. These Terms and Conditions shall be governed by the laws Australia, without giving effect to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction of the federal and state courts, for any lawsuit brought under these Terms and Conditions or relating in any way to this Site or your use of this Site.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the internet, if you use our site from locations outside of Australia, you agree and are responsible for compliance with any applicable local laws. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Company and/or its affiliate’s intellectual property rights, Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Australia, and you consent to exclusive jurisdiction and venue in such courts.
NOTICE
You agree that Company may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the service, which notice you also agree Company may submit to you via e-mail or regular mail.
CHANGES TO TERMS OF USE
We may periodically change the Terms of Use and the Site without notice, and you are responsible for checking these Terms of Use periodically for revisions. All amended Terms of Use become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
NO RESALE OF SERVICE
Unless expressly permitted in writing by Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
FEEDBACK
We invite you to send in your questions or comments about this website or to bring to our attention any material you believe to be inaccurate. You may provide general feedback by emailing us at [email protected]
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