Terms and Conditions

Terms of use effective from 25/11/2016.

1. Conditions of use

1.1 Your use of our websites is governed by these Terms.
1.3 By participating and continuing to use our websites you indicate your consent and agreement to these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE ANY OF OUR WEBSITES OR MOBILE APPLICATION.
1.4 Meanings & interpretation
“We” and “us” means Ultra Tune Australia Pty Ltd, its divisions and subsidiaries.
“you” means you as a user of our websites and / or mobile app.
“our websites” means public website and webpages that are created and maintained by us (or through our agents servants and contractors).
“Mobile app” or “mobile application” means the computer program designed by us to run on a mobile device such as smartphone and tablet computer.
“our Franchisees and Business Associates” means Ultra Tune franchisees and our business associates referred to on our websites.
Words denoting the singular shall include the plural and vice versa.

2. Copyright and Trademarks

2.1 All intellectual property (including copyright and trademarks) belong either to us or other third parties remains the property of us and/or the respective third party. Nothing should be construed as granting any licence or right of use of any logo or trademark displayed on our websites, without the express written permission of the relevant owner.  You cannot copy any of the material on our websites or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work in any form.

3. Conduct

3.1 You must not use our websites for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
3.2 In particular, you agree not to:
(a) use our websites to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate
(c) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via our websites;
(d) impersonate any person or entity;
(e) upload, post, email, transmit or otherwise make available using 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
3.3 Where our websites provide for or allows for comments or submissions to be posted or submitted by you to us:
(a) all comments postings and submissions by you, including text, images and photos (“Submitted Comments”), becomes our property.
(b) Subject to our Privacy Policy, we reserve the right to do any of the following:
(i) select Submitted Comments to be displayed on any of our websites or publication;
(ii) remove any Submitted Comments at any time for any reason;
(iii) amend, alter, edit or delete any Submitted Comments without any right of attribution to you; and
(iv) use any images or photos contained in the Submitted Material in any reasonable way that we see fit.
(c) In submitting the Submitted Comments, you:
(i) warrant that that any material you submit is your own work and that you own all intellectual property rights in it; and
(ii) warrant that any material you submit for publication or which is published on our websites are not obscene, defamatory, offensive or otherwise illegal.
(d) When contributing comments postings and submissions to our websites, you must not include:
(i) information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;
(ii) personal information, or the personal details of others such as phone numbers, mail or email addresses;
(iii) offensive or otherwise unsuitable images of a sexual or other inappropriate nature;
(iv) spamming, flaming or typing in ALL CAPS;
(v) advertising or promotion of external URLs, competitions, sites or products;
(vi) gratuitous swearing, profanity or spiteful remarks;
(vii) reference to, or provide links to illegal activities including but not limited to insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
(viii) false or misleading or deceptive information;
(ix) misinformation or rumour.
3.4 Any opinions and statements expressed in Submitted Comments are you opinions and are not necessary our opinions.
3.5 We are not responsible for, and do not accept any liability in respect of, any Submitted Comments; and we do not check the content or accuracy of any Submitted Comments.
3.4 We retain the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. Privacy

Use of any personal data that you provide to us is governed by our Privacy Policy Statement.

5. Links and other third party materials

5.1 For the purpose of this paragraph, “Content” means any information that may be generated or encountered through use of our websites. It also includes data provided by or obtained from third parties.
5.2 Certain Content, components or features of our websites may include materials from third parties and/or hyperlinks to other websites or content, including authorised or licensed branding.  Because we may have no control over such third party websites, and/or content, you acknowledge and agree that we are not responsible for the availability of such websites 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.

6. Use of location-based features and services

6.1 We and our Franchisees and Business Associates may provide certain features or services through our websites that rely upon your location information. To provide such features or services, where available, we and our Franchisees and Business 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 our Franchisees and Business Associates’ collection, use, transmission, processing and maintenance of such location data to provide such features and services.
6.2 You may withdraw this consent at any time by not using the location-based features or by turning off the Location Services settings (as applicable) on your device or ceasing to use our website.
6.3  Google Maps Service Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service and Google Maps Legal Notices.

7. Advertising

7.1 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.
7.2 The opinions and statements expressed in any advertisement are the opinions of the individual advertisers and are not necessary our opinions.  We accept no responsibility for the content of any advertising material published on our websites.

8. Disclaimers

8.1 The information contained on our websites is for general information purposes only. You must not rely on any statement contained in our websites without taking advice. While we endeavour to ensure the accuracy and completeness of the information contained on our websites, to the extent allowed by law, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
8.2 In particular, we make no representations or warranties:
(a) in relation to the quality, accuracy, completeness or fitness for any particular purpose of such material;
(b) in relation to any material, resources or content of any other web site included in, referred to on, or accessed by a hyperlink through our websites (“Third Party Website”), we do not endorse or approve the material of any Third Party Web Site, nor will we have any liability in connection with any of Third Party Web Site howsoever arising; or
(c) that our websites, our Franchisee and Business Associates’ websites or any of our or third party material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using such websites or hyperlinks therefrom.
8.3 You 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:
(a) the use of or access to, or any inability to use or access, our websites or any material on our websites;
(b) unauthorised access to or alterations of your transmissions or data;
(c) statements or conduct of any third party on our websites; or
(d) any goods or services purchased through our websites.

9. General

9.1 Variations: These Terms may be varied from time to time.
9.2 Applicable law: These Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
9.3 Contact Details: Please contact us should you have any technical issues regarding our websites.

10. Purchase of Goods / Services

10.1 All goods and services offered purchase on our websites are subject to these terms and conditions.  However, the purchase of goods and services will have its own separate contract between you and the supplier; that contract may have different and/or additional obligations to these terms and conditions.  Please read them carefully before purchase.
10.2 Unless otherwise indicated on our websites, 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 without notice. 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.
10.3 The goods and services offered on our websites are only available to persons who are capable of entering into a legally binding contract with us or the supplier. 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, credit card details) are correct.