Terms & Conditions
These Terms and Conditions apply when you access our website ww.citydiscounttyres.com.au or www.iandiffen.com.au.
By using this website you are agreeing to our Terms and Conditions listed below.
Sumitomo Rubber Australia Pty Ltd Pty Ltd may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website ("the Site").
1. General Information
1.1 For your information we list below the address details of Sumitomo Rubber Australia Pty Ltd:
Contact Address: Sumitomo Rubber Australia Pty Ltd Pty Ltd ABN 31 602 872 391 of 32 Riverside Road, Chipping Norton, NSW, 2170.
2. The Website
2.1 Sumitomo Rubber Australia Pty Ltd reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. Any such changes will become effective upon posting by Sumitomo Rubber Australia Pty Ltd.
2.2 Sumitomo Rubber Australia Pty Ltd does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
2.3 Where Sumitomo Rubber Australia Pty Ltd provides hyperlinks to a third party's website, Sumitomo Rubber Australia Pty Ltd shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the hyperlink. Sumitomo Rubber Australia Pty Ltd does not endorse or approve the content of such third parties websites.
2.4 Sumitomo Rubber Australia Pty Ltd makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.
3. Your Information
3.1 "Your Information" is defined as any information you provide to Sumitomo Rubber Australia Pty Ltd or other users, in any public message area, through feedback or any e-mail or form features
3.2 Your Information and conduct (or any items listed therein) shall not:
- be false, inaccurate or misleading
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
- violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
- be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material
- contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
- post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user
3. 5. While Sumitomo Rubber Australia Pty Ltd cannot review all transmissions, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Sumitomo Rubber Australia Pty Ltd, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of this agreement.
4. Access and Interference
4.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Sumitomo Rubber Australia Pty Ltd.
4.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
4.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
4.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Sumitomo Rubber Australia Pty Ltd by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Sumitomo Rubber Australia Pty Ltd or the appropriate third party.
5.1 Without limiting other remedies, Sumitomo Rubber Australia Pty Ltd may immediately issue a warning, and refuse to provide the services to you if:
- Sumitomo Rubber Australia Pty Ltd are unable to verify or authenticate any information you provide to us; and
- Sumitomo Rubber Australia Pty Ltd believe that your actions may cause legal liability for you, our other users or us.
6. No Warranty
The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the user's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Sumitomo Rubber Australia Pty Ltd and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.
7. Liability Limit
7.1 Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Sumitomo Rubber Australia Pty Ltd where and to the extent that applicable law prohibits such exclusion or limitation.
7.2 Subject to the above statement and any clauses relating to limitation of liability elsewhere in these Terms and Conditions, in no event shall Sumitomo Rubber Australia Pty Ltd or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with these Terms and Conditions including the Site or services.
7.3 Accordingly, subject to clause 11.1, you agree not to bring a claim of any nature against Sumitomo Rubber Australia Pty Ltd in relation the use of or access to the Site and use or access to the services, except where such a claim cannot be excluded by law. You acknowledge and agree that Sumitomo Rubber Australia Pty Ltd will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Sumitomo Rubber Australia Pty Ltd in breach of the foregoing.
7.4 Sumitomo Rubber Australia Pty Ltd shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any service.
7.5 Sumitomo Rubber Australia Pty Ltd shall be free to modify, temporarily suspend or cancel the services and to reasonably amend these Terms and Conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and services. Subject to clause 11.1 above, Sumitomo Rubber Australia Pty Ltd shall not be liable for any damage or expenses incurred by you or any other person as a result of such modification, suspension or cancellation of any game or reasonable amendment to these Terms and Conditions.
7.6 You acknowledge that information, software and other material accessible over the Internet via the Site may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. Sumitomo Rubber Australia Pty Ltd shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet, Site or services.
8.1 You agree to indemnify, defend and hold harmless Sumitomo Rubber Australia Pty Ltd and its shareholders, subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
9. Legal Compliance
9.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
10.1 All notices required to be served on Sumitomo Rubber Australia Pty Ltd shall be sent to the contact address stated in clause or as otherwise notified on the Site from time to time for such purpose.
11. Intellectual Property
11.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to Sumitomo Rubber Australia Pty Ltd or its third party licensors. Accordingly, any part of this Site (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site and the services.
11.2 Subject to these Terms and Conditions, copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Sumitomo Rubber Australia Pty Ltd or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the services.
11.3 Sumitomo Rubber Australia Pty Ltd reserves the right to license and republish the material contributed by you.
11.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Sumitomo Rubber Australia Pty Ltd or the relevant licensee's prior written permission; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the services without Sumitomo Rubber Australia Pty Ltd or the relevant licensee's prior written permission; display, publish, copy, print, post or otherwise use the services and the information contained therein for the benefit of any other website without Sumitomo Rubber Australia Pty Ltd or the relevant licensee's prior written permission; process or otherwise use the information contained on or within the services for any illegal or immoral purpose nor use or process the same unfairly.
11.5 You therefore hereby undertake to Sumitomo Rubber Australia Pty Ltd to indemnify and hold harmless Sumitomo Rubber Australia Pty Ltd in full and defend at your own expense Sumitomo Rubber Australia Pty Ltd against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Sumitomo Rubber Australia Pty Ltd its, shareholders, officers, employees, servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
11.6 www.citydiscounttyres.com.au, www.iandiffen.com.au, the City Discount Tyres logo, the Ian Diffen City Discount Tyres logo and the Marks and Wallings City Discount Tyres logo are trade names or trademarks of Sumitomo Rubber Australia Pty Ltd, the use of which is expressly forbidden by any other persons without the express permission of Sumitomo Rubber Australia Pty Ltd.
11.7 Sumitomo Rubber Australia Pty Ltd makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Sumitomo Rubber Australia Pty Ltd services please contact Sumitomo Rubber Australia Pty Ltd at the address below.
12. Intellectual Property Infringement
12.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Sumitomo Rubber Australia Pty Ltd to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.
12.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Sumitomo Rubber Australia Pty Ltd immediately. Sumitomo Rubber Australia Pty Ltd accepts no liability for copyright or trade mark infringement or any other infringement of a third party's intellectual property rights by any of its other users though Sumitomo Rubber Australia Pty Ltd will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.
13.1 This Agreement shall be governed in all respects by the laws of Australia as if the Agreement was a contract wholly entered into and wholly performed within Australia. The parties hereby submit to the exclusive jurisdiction of the Australian courts.
13.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Sumitomo Rubber Australia Pty Ltd’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
13.3 The laws of your country may be different from those of Australia in numerous respects. There is no practical way for Sumitomo Rubber Australia Pty Ltd to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other users do. Sumitomo Rubber Australia Pty Ltd does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
13.4 Sumitomo Rubber Australia Pty Ltd does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.
13.6 Note however, that your country (and/or that of any other user you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that user (later)
PRIVACY COLLECTION STATEMENT
This Privacy Statement summarises how Sumitomo Rubber Australia Pty Ltd Pty Ltd ACN 602 872 391 (collectively, “we”, “our”, “us” or “franchisor”) and our “City Discount Tyres”,” Ian Diffen City Discount Tyres” and “Marks & Wallings City Discount Tyres” franchise network manages your personal information.
We collect your personal information through direct communication with you for example in person, by telephone or email and from third parties such as our franchisees. You may provide your personal information to us when you:
- purchase any of our products or services at one of our “City Discount Tyres”, “Ian Diffen City Discount Tyres” or “Marks & Wallings City Discount Tyres” franchisees;
- access and interact with us directly or through one of our websites at www.citydiscounttyres.com.au, www.iandiffen.com.au
- apply for employment with us or one of our franchisees;
- apply for franchisee opportunities with us; or
- apply for a commercial credit account.
Generally the type of personal information we collect is your name, address, telephone number, email and other information that will help us to provide a requested product or service to you. In addition we may collect your bank account or credit card details from you if these details are required for payment of our products.
2. Use and disclosure
We use your personal information to deliver to you, and communicate with you about, our products, services and promotions. We also use your personal information when we are processing and considering any employment, franchisee or credit applications.
If you do not provide us with the information we request, we will be unable to do one or more of the above.
Your personal information may be disclosed within the network between franchisees and as between franchisee and franchisor to enable us to properly conduct the City Discount Tyres business if, for example, you have made an enquiry or complaint relating to a store, and to third parties, for example for us to conduct reference or record checks.
Your personal information may be disclosed to our third party IT service provider in the United States or our related entities including our parent company, Sumitomo Corporation, in Japan. You consent to your personal information being disclosed to these overseas recipients.
3. Access, correction and breach
Sumitomo Rubber Australia Pty Ltd Pty Ltd ACN 602 872 391 (collectively, “we”, “our”, “us” or “franchisor”) and our “City Discount Tyres”,” Ian Diffen City Discount Tyres” and “Marks & Wallings City Discount Tyres” franchise network policy on collection, use and disclosure of personal information is set out below:
1. What Personal Information do we collect and why?
We collect personal information:
- for the purposes of recruitment and employment (“Employment Information”); and
- for other purposes related to those described above which would be reasonably expected by you. Generally, we collect personal information from you when you apply for employment with us.
The type of personal information we usually collect:
- your name, address, date of birth, telephone numbers and email address; and
- information contained on identification documents (such as driving licences) where we require these to verify your identity.
Personal Information in relation to Employment Information may also include CVs and resumes, education, qualification, language skills, medical information and emergency contact details.
2. How we may use your Personal Information
Employment Information may be used for recruitment, employment and human resource management purposes.
3. Disclosure of Information
We may disclose or receive personal information or documents about you:
- as required by law or law enforcement agencies;
- to/from human resource and payroll services providers who have agreed to keep the information confidential; and
- to/from third parties to verify the accuracy of the information that you provided to us.
We will take reasonable steps to ensure that these parties are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
While we are unlikely to disclosure personal information to overseas recipients, your personal information may be disclosed for the purposes listed above to any third party IT service provider overseas or to our franchisor, Sumitomo Rubber Australia Pty Ltd Pty Ltd and its related entities in Japan. It is unlikely that your personal information is transferred to any other countries.
You consent to your personal information being disclosed to these overseas recipients.
4. Security of and access to your Personal Information
We will take reasonable steps to ensure that the personal information we collect, use or disclose is:
- up-to-date; and
- stored in a secure environment protected from unauthorised access, modification or disclosure.
Upon your request, we will provide access to your personal information we hold, except in certain prescribed circumstances, including emergency situations, specified business imperatives and law enforcement or other public interests. Information contained on the database may be amended by contacting us.
5. How to complain about a privacy breach
If you believe we have breached your right to privacy of personal information, you may complain to us at first instance, and, if we fail to respond, or you are dissatisfied with our response, to the Office of
the Australian Information Commissioner (OAIC) who investigates privacy complaints from individuals.
Before you can lodge a complaint with the OAIC, you will generally need to complain directly to the organization you are complaining about and allow 30 days for it to respond. If you do not receive a response (after 30 days), or you are dissatisfied with the response, you may then complain to the OAIC. Here is a link for more information on how to lodge a complaint with the OAIC: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
6. How we will deal with a complaint
We are committed to keeping your personal information private, and in all cases we will treat your personal information with no less protection than that provided for by the Australian Privacy Principles and the privacy laws that are in force in Australia. However, if you believe we have breached your
right to privacy of personal information, we will carefully review your complaint and aim to reply within
30 days of receipt of the complaint. To make a complaint, please do so in writing, to us. Contact Address: Sumitomo Rubber Australia Pty Ltd Pty Ltd, Compliance Office, Level 1, 650 Mt Alexander Road, Moonee Ponds VIC 3039.
7. Changes or updates to this Policy