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This website (Website) is owned and operated by Tyre Stewardship Australia Limited ACN 164 971 939 (TSA, we, us or our).
Your access to, and use of the Website is subject to these Terms, as updated by us from time to time. By accessing, viewing or otherwise using this Website, You agree to be subject to and bound by these Terms.
We agree to You accessing the Website and accessing or downloading Content from the Website in accordance with these Terms. You may use the Website solely for Your own lawful, personal and non-commercial purposes. You agree to comply with all rules, laws and regulations relating to Your use of the Website.
All Content available on the Website, including (without limitation) any statements, representations and information is of a general nature only. While we will endeavour to keep this Website and the Content of the Website up to date and accurate, we cannot guarantee the Website or the Content on the Website will be up to date or accurate. We retain complete discretion regarding the type of Content which will be made available through the Website.
These Terms only govern Your access to and use of the Website and not any other dealing or transaction you may have with TSA (such as any accreditation under the national Tyre Stewardship Scheme or the provision of any funding to You by TSA). If You enter into any transaction, or have any other dealings with us via the Website, then such transaction or dealings will be governed by the terms of a separate agreement between You and us.
All trade marks on this Website are owned, or used under licence, by us. Nothing contained on this Website should be construed as us granting You any licence or right to use or reproduce any of these trade marks. The Content is protected by copyright laws and is owned, or used under licence, by us. You may view any Content on the Website for the purposes of accessing our Website in accordance with these Terms however you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Website without obtaining our prior written consent.
You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website and any Content (including any notice provided via the Website).
You agree not to do any of the following (unless expressly permitted under these Terms or if You have obtained our prior written consent):
You agree not to post, upload to, email, transmit, distribute, store, create or otherwise publish through this Website any Unacceptable Content.
We may at any time and without any obligation to give notice to You:
You agree that You cannot make any claim against us for any loss suffered by You as a result of any action taken by us pursuant to this clause 7.
We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that we may, in our sole discretion, vary or modify the features or functionality of this Website or modify any Content from time to time without any requirement to provide prior notice of the variation or modification to You. It is Your responsibility to regularly check these Terms for any amendments.
This Website may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. These links do not indicate expressly or impliedly, any endorsement or approval by us of the third party websites or the products, services and information provided on such websites. We are not responsible for the content or privacy practices associated with linked websites. You acknowledge and agree that all access to and use of any such third party websites and use of the website's products, services and information is solely at Your own risk.
You acknowledge and agree that:
We do not guarantee that access to this Website will be uninterrupted or error free. The operation and functioning of our Website is reliant on our own, and our technology and telecommunications partners’, operational processes in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in our Website being unavailable from time to time and You acknowledge that You may not be able to access the Website or any associated accounts or related services during such periods.
You must take Your own precautions to ensure that accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage to data, hardware or software which arises in connection with Your use of the Website.
Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If You are a ‘Consumer’ for the purposes of the Australian Consumer Law and the goods and services which we provide You in respect of Your access to and use of the Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Your access and use of this Website and the Content is limited, at our option to:
If You do not access this Website and the Content as a Consumer, then to the extent permitted by law, we exclude all liability for any loss incurred by You, however caused (including by our negligence), suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant loss would be suffered.
You agree that (subject to clause 13) we will not be liable for any consequential, indirect, special or other similar loss in relation to Your use of the Website or the Content, including loss of profits, loss of data, revenue or opportunity.
We will not be liable for a failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, epidemics or pandemics, war, governmental action or direction, telecommunications or internet outages or any other cause which is beyond our reasonable control.
The Website may be accessed throughout Australia and overseas. We make no representations that the Content or the Website complies with the laws of any country outside Australia. If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.
If all or part of any one or more provisions of these Terms are judged void, invalid or unenforceable in all the circumstances, that portion will be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions.
In these Terms, unless the context requires otherwise:
Content means any information, material and content on the Website, including without limitation, information, guidelines, handbooks, data, text, graphics, materials, audio visual and other content available on the Website.
Consumer has the meaning given in section 3 of the Australian Consumer Law.
Non PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption.
Unacceptable Content means:
You or Your means any person who accesses the Website.