TERMS OF USE

 

[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].