Terms of use effective from 24 May 2023.
- CONDITIONS OF USE
1.1. Our Website is our Intellectual property. By accessing or otherwise using our Website, you consent, agree and are bound by these Terms & Conditions.
1.2. In our sole discretion, we may change these Terms & Conditions at any time without notice. Your continued to use our Website after any such change constitutes your agreement to be bound by the amended Terms & Conditions.
- INTELLECTUAL PROPERTY
2.1. All intellectual property (including copyright and trademarks) on our Website belong to us unless otherwise indicated and remains our property, or has been licensed by us.
2.2. Nothing should be construed as granting any licence or right of use of any logo or trademark displayed on our Website, without the express written permission of the relevant owner. You cannot copy any of the material on our Website or otherwise incorporate it into or store it in any other website, electronic retrieval system, publication, or other work in any form.
- DISCLAIMERS
3.1 Our Website, the service and the content (including, but not limited to , any information or advice that may be given over our Website) are provided on an “AS-IS” and “AS AVAILABLE” basis and all use of our Website is at your own risk.
3.2 The material on our Website is provided for information purposes. We endeavour to ensure that the information provided on our Website is accurate and up to date. However, the material (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability.
3.3 To the extent allowed by law, we make no express or implied warranties, representations or endorsements whatsoever with respect to our Website or third party website.
3.4 To the extent allowed by law, we expressly disclaim all warranties of any kind, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to our Website, the service, the Content, and any product or service furnished or to be furnished vis this site.
3.5 We do not warrant that the functions performed by or services on our Website will be uninterrupted, timely, secure or error-free, or that defects in our Website or the service will be corrected.
- USE OF OUR WEBSITE
4.1. You must not use our Website for any unlawful or prohibited purpose by these Terms & Conditions. You agree to abide by all applicable laws, regulations and codes of conduct.
4.2. Where our Website provides for or allows you to transmits any content (“Submitted Content”) to us, third parties or to be displayed on our Website (e.g. posting a comment, responding to a comment or sending an email):
4.2(a) You grant us an irrevocable non-exclusive licence at no cost to use all Submitted Content by you (including text, images, and photos) without limitation in perpetuity, in whole or in part.
4.2(b) subject to our Privacy Policy, we reserve the right to do any of the following:
4.2(b)(i) display the Submitted Content on any of our Websites or publications;
4.2(b)(ii) remove any Submitted Content at any time without notice for any reason;
4.2(b)(iii) amend, alter, edit or delete any Submitted Content without any right of attribution to you; and
4.2(b)(iv) use any images or photos contained in the Submitted Content reasonably we see fit.
4.2(c) In providing your Submitted Content, you:
4.2(c)(i) will not damage, defame, abuse, harass, stalk, threaten or otherwise offend others;
4.2(c)(ii) will not publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive, inappropriate or otherwise unsuitable images of a sexual or other inappropriate nature, including but not limited to gratuitous swearing, profanity or spiteful remarks; reference to, or provide links to illegal activities including but not limited to insider trading, ramping/exciting stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
4.2(c)(iii) will not engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing, spamming, flaming or typing in ALL CAPS;
4.2(c)(iv) will not impersonate any person or entity;
4.2(c)(v) will not upload, post, email, transmit or otherwise make available using or on our Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
4.2(c)(vi) warrant that any material you submit is your work and that you own all intellectual property rights in it unless otherwise indicated;
4.2(c)(vii) will not include information that helps sell, buy, solicit or offer goods, services, shares or other commodities, including any phone numbers, mail or email addresses or URLs;
4.2(c)(viii) will note include personal information, or the personal details of others such as phone numbers, mail or email addresses;
4.2(c)(ix) will not advertise or promotion of external URLs, competitions, sites, or products;
4.2(c)(x) false or misleading or deceptive information.
4.2(d) Any opinions and statements expressed in Submitted Content are the opinions and statements of the individual writer only and are not necessarily our opinions.
4.2(e) We are not responsible for, and do not accept any liability in respect of, any Submitted Content; and we do not check the content or accuracy of any Submitted Content.
4.2(f) We retain the right at all times to monitor, retain or disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
- PRIVACY
Our Privacy Policy Statement details the use of any personal data that you provide to us.
- LINKS AND OTHER THIRD-PARTY MATERIALS
6.1. The term “Content” means any information that may be generated or encountered on or through the use of our Website. It also includes content or data provided by or obtained from third parties.
6.2. Certain Content, components or features of our Website may include materials from third parties and/or hyperlinks to other websites or content, including authorised or licensed branding. You also acknowledge and agree that we are not responsible for that content and websites as we may have no control over any third party websites, and/or content, and that we do not endorse or warrant the accuracy of any such websites or content, and shall in no way be liable or responsible for any content, advertising or products on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising or products on or available from such websites.
- USE OF LOCATION-BASED FEATURES AND SERVICES
7.1. We and our franchisees, suppliers, and business associates (“our Associates”) may provide certain features or services through our Website that rely upon your location information.
7.2. To provide such features or services, where available, we and our Associates may collect, use, transmit, process, and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to our and Associates’ collection, use, transmission, processing and maintenance of such location data to provide such features and services.
7.3. You may withdraw this consent at any time by not using the location-based features or turning off the Location Services settings (as applicable) on your device or ceasing to use our website. This will have an effect on the future features and services we can provide to you.
7.4. Google Maps Service: The use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service and Google Maps Legal Notices.
- ADVERTISING
8.1. Individual advertisers are solely responsible for the content of any advertising material which is submitted to us or which we obtain from them, and which is published on our Website, including ensuring that they comply with any relevant legislation.
8.2. The opinions and statements expressed in any advertisement are the opinions and statements of the individual advertisers and are not necessarily our opinions or statements. We accept no responsibility for the content of any advertising material published on our Website.
- PURCHASE OF GOODS / SERVICES
9.1. All goods and services offered to purchase on our Website are subject to these Terms & Conditions. However, the purchase of goods and services will have its separate contract between you and the supplier (for example the Ultra Tune Service Centre); that contract may have different and/or additional obligations to these Terms & Conditions. Therefore, please read them carefully before purchase.
9.2. Unless otherwise indicated on our Website, all goods, or services available for purchase are priced in Australian Dollars and inclusive of GST. Prices and availability of goods or services are subject to change at any time. We reserve the right to correct pricing errors at any time. In the event we discover a pricing error, we will attempt to notify you as soon as possible about the error, and if you decide against the purchase, we will process a refund for the item or items in question.
9.3. The goods and services offered on our Website are only available to persons capable of entering a legally binding contract with the supplier or us. Without limiting the foregoing, by utilising our website to place an order, you warrant to us that you are 18 or more years of age and that you are authorised and able to make payment in the manner selected by you. You also warrant to us that all information given by you to us through our websites (including your name, contact and address details, and credit card details) is correct.
- LIMITATION OF LIABILITY
10.1. We accept no responsibility for any loss or damage you may suffer due to your use or reliance on any part of our Website. You acknowledge and agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including any loss of profits) in connection with:
10.1(a) the use of our Website or access to any inability to use or access, our Websites or any material on our Websites.
10.1(b) unauthorised access to or alterations of your transmissions or data;
10.1(c) statements or conduct of any third party on our Website; or
10.1(d) any goods or services of any third party purchased through our Website.
- GENERAL
11.1. Applicable law: These terms and conditions will be governed by and construed in accordance with the laws of the State of Victoria, Australia.
11.2. Contact Details: Please do not hesitate to get in touch with us should you have any technical issues regarding our Website.
11.3. Definitions and Meanings: Unless the context otherwise requires:
11.3(a) “we” and “us” means Ultra Tune Australia Pty Ltd, its divisions and subsidiaries.
11.3(b) “you” means you as a user of our Website.
11.3(c) “our Website” means this website and webpages created and maintained by us (or through our agents, servants, and contractors).
11.3(d) “Terms & Conditions” means these terms and conditions as amended.
11.4. Interpretation: Unless the context otherwise requires:
11.4(a) Words denoting the singular shall include the plural and vice versa.
11.4(b) Words denoting any gender shall include all genders;
11.4(c) Headings are for convenience only and shall not affect interpretation;
11.4(d) References to “$” and “dollars” are to Australian dollars;
11.4(e) References to any legislation or to any section or provision thereof shall include any statutory modification, amendment, substitution or re-enactment thereof or any statutory provision substituted therefore and any ordinances, by-laws, rules, code, regulations and/or other statutory instruments issued thereunder.
Our Contact details
If you wish to contact us, please use any of the methods below:
| Postal: | Ultra Group of Companies
PO Box 2086 CAMBERWELL WEST VIC 3124 |
| Telephone: | (03) 9958 2000 |
| Email: | ultraso@ultratune.com.au |
| Website: | www.ultratune.com.au/contact-us |
