Terms & Conditions
Introduction
These terms and conditions govern your use of this
website; by using this website, you accept these terms and conditions in
full. If you disagree with these terms
and conditions or any part of these terms and conditions, you must not use this
website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to
these terms and conditions you warrant and represent that you are at least 18
years of age.
This website uses cookies. By using this website and agreeing to these
terms and conditions, you consent to our TPM Auto's use of cookies in
accordance with the terms of TPM Auto's privacy policy.
License to use website
Unless otherwise stated, TPM Auto and/or its
licensors own the intellectual property rights in the website and material on
the website. Subject to the license
below, all these intellectual property rights are reserved.
You may view, download for caching purposes only,
and print pages or OTHER CONTENT from the website for your own personal use,
subject to the restrictions set out below and elsewhere in these terms and
conditions.
You must not:
- republish
material from this website (including republication on another website);
- sell,
rent or sub-license material from the website;
- show any
material from the website in public;
- reproduce,
duplicate, copy or otherwise exploit material on this website for a
commercial purpose;
- edit or
otherwise modify any material on the website; or
- redistribute
material from this website except for content specifically and expressly
made available for redistribution.
Where content is specifically made available for
redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that
causes, or may cause, damage to the website or impairment of the availability
or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or
is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated
data collection activities (including without limitation scraping, data mining,
data extraction and data harvesting) on or in relation to this website without TPM
Auto's express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes
related to marketing without TPM Auto's express written consent.
Restricted access
Access to certain areas of this website is
restricted. TPM Auto reserves the right
to restrict access to other areas of this website, or this entire website, at TPM
Auto’s discretion.
If TPM Auto provides you with a user ID and
password to enable you to access restricted areas of this website or other
content or services, you must ensure that the user ID and password are kept
confidential.
TPM Auto may disable your user ID and password in TPM
Auto's sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content”
means material (including without limitation text, images, audio material,
video material and audio-visual material) that you submit to this website, for
whatever purpose.
You grant to TPM Auto a worldwide, irrevocable,
non-exclusive, royalty-free license to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. You also grant to TPM Auto the
right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be illegal or unlawful,
must not infringe any third party's legal rights, and must not be capable of
giving rise to legal action whether against you or TPM Auto or a third party
(in each case under any applicable law).
You must not submit any user content to the website
that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
TPM Auto reserves the right to edit or remove any
material submitted to this website, or stored on TPM Auto's servers, or hosted
or published upon this website.
Notwithstanding TPM Auto's rights under these terms
and conditions in relation to user content, TPM Auto does not undertake to
monitor the submission of such content to, or the publication of such content
on, this website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. TPM Auto makes no representations or
warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the
foregoing paragraph, TPM Auto does not warrant that:
l this website will be constantly
available, or available at all; or
l the information on this website is
complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind. If you
require advice in relation to any legal, financial or medical matter you should
consult an appropriate professional.
Product Safety
Automotive parts, equipment, and accessories
require careful and proper use, installation, inspection, and maintenance for
proper performance. TPM Auto is not
responsible and will not be held liable for any harm or damages you may incur
as the result of improper, illegal, unsafe, or otherwise incorrect use,
installation, inspection, or fitment of any product you purchase from the Site.
Limitations of liability
TPM Auto will not be liable to you (whether under
the law of contact, the law of torts or otherwise) in relation to the contents
of, or use of, or otherwise in connection with, this website:
l to the extent that the website is
provided free-of-charge, for any direct loss;
l for any indirect, special or
consequential loss; or
l for any business losses, loss of revenue,
income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
These limitations of liability apply even if TPM
Auto has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or
limit any warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit TPM Auto's liability
in respect of any:
l death or personal injury caused by TPM
Auto's negligence;
l fraud or fraudulent misrepresentation on
the part of TPM Auto; or
l matter which it would be illegal or
unlawful for TPM Auto to exclude or limit, or to attempt or purport to exclude
or limit, its liability.
Reasonableness
By using this website, you agree that the
exclusions and limitations of liability set out in this website disclaimer are
reasonable.
If you do not think they are reasonable,
you must not use this website.
Other parties
You accept that, as a limited liability entity, TPM Auto has an interest
in limiting the personal liability of its officers and employees. You agree that you will not bring any claim
personally against TPM Auto's officers or employees in respect of any losses
you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you
agree that the limitations of warranties and liability set out in this website
disclaimer will protect TPM Auto's officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors as well as TPM Auto.
Unenforceable provisions
If any provision of this website disclaimer is, or
is found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify TPM Auto and undertake to keep
TPM Auto indemnified against any losses, damages, costs, liabilities and
expenses (including without limitation legal expenses and any amounts paid by TPM
Auto to a third party in settlement of a claim or dispute on the advice of TPM
Auto's legal advisers) incurred or suffered by TPM Auto arising out of any
breach by you of any provision of these terms and conditions, or arising out of
any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to TPM Auto's other rights under
these terms and conditions, if you breach these terms and conditions in any
way, TPM Auto may take such action as TPM Auto deems appropriate to deal with
the breach, including suspending your access to the website, prohibiting you
from accessing the website, blocking computers using your IP address from
accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings
against you.
Variation
TPM Auto may revise these terms and conditions from
time-to-time. Revised terms and
conditions will apply to the use of this website from the date of the
publication of the revised terms and conditions on this website. Please check this page regularly to ensure
you are familiar with the current version.
Assignment
TPM Auto may transfer, sub-contract or otherwise
deal with TPM Auto's rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise
deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with
DOCUMENTS, constitute the entire agreement between you and TPM Auto in relation
to your use of this website, and supersede all previous agreements in respect
of your use of this website.
Law and jurisdiction
By visiting the Site, you agree that the
laws of Arizona, without regard to principles of conflict of laws, will govern
these Terms and Conditions and that any dispute of any sort that might arise
between you and TPM Auto. The venue of
any arbitration between you and TPM Auto arising out of conflict pertaining to
these Terms and Conditions shall be the State of Arizona, County of Maricopa.