COOPER TIRES TERMS OF USE

 

GENERAL TERMS AND CONDITIONS

Where used in these Terms of Use, “Cooper Tires” means Exclusive Tyre Distributors Pty Ltd ABN 51159029357 and its authorised distributors from time to time.

Except as otherwise provided in a written agreement signed by Cooper Tires, these Terms of Use represent the entire understanding between you and Cooper Tires and your use of www.coopertires.com.au (the “Site”) and your submission of any materials to us.

By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of both the Cooper Tires Privacy Policy and Refunds Policy (the “Policies”).

Cooper Tires reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use and/or the Policies, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Policies, your sole and exclusive remedy is to discontinue your use of the Site.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

GENERAL DISCLAIMER

Cooper Tires provides this Site and its services on an “As is”, “with all faults” and “as available” basis. Except for the warranties set out in the Cooper Tires Refunds Policy, Cooper Tires makes no representations or warranties of any kind, express or implied, including without limitation those related to:

1) The operation of the Site;

2) The information, content, materials, or services included or described therein; and

3) Any application or information submitted to us through the Site.

Except for the warranties set out in the Cooper Tires Refunds Policy but otherwise to the fullest extent permitted by applicable law, Cooper Tires disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the Site, including without limitation warranties related to the operation of the Site, the information, content, materials, s and services described therein except as provided in the Cooper Tires Refunds Policy, and any information or applications submitted through the Site.

Without limiting the foregoing, Cooper Tires does not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.

Cooper Tires does not warrant or make any representations regarding the use of the materials on the Site or the service described therein.

LIMITATION OF LIABILITY

The use of the information on this Site is at your own risk. In no event shall Cooper Tires, its directors, employees, shareholders, distributors and other representatives be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, loss of data, arising out of or relating to the Site, the operation of the Site, any application or information submitted to us through the site, and/or the services described therein, even if Cooper Tires is expressly advised of the possibility of such damages.

LINKS

The Site may contain links to other websites on the internet that are owned and operated by someone other than Cooper Tires. Cooper Tires provides these links solely as a convenience. The appearance of a link does not imply Cooper Tires endorsement, nor is Cooper Tires responsible for the content of any linked site. You access linked sites at your own risk.

GENERAL PROPRIETARY RIGHTS

The Site is owned by Cooper Tires and contains material that is derived in whole or in part from Cooper Tires and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in anyway any material from the Site, including without limitation code or software, without Cooper Tires express written permission.

COPYRIGHT

All copyright in this website design, text, code, graphics, interfaces, and arrangements thereof, and all software relating to this website belongs to or is licensed by Cooper Tires and is protected by Australian, New Zealand and international copyright laws.

Prior permission to use, reproduce or reprint any photograph, illustration, artwork, text copy or other material on the site must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the site is a violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

TRADEMARK STATEMENT

All trademarks, service marks, trade names and branding on this website belongs to their respective owners including without limitation Cooper Tires. Cooper Tires does not give you any licence or right to use them.

APPLICABLE LAW

Cooper Tires operates the Site from Brisbane, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

DISPUTES

You agree that any action at law or equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Brisbane, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these terms of use may be brought by either party more than one year after the cause of action has accrued.

TERMINATION

These Terms of Use shall remain in force until terminated by Cooper Tires. Cooper Tires may terminate these Terms of Use or suspend your access to all or part of the Site, without notice, for any conduct Cooper Tires, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

LIMITATION ON USE OF AUTOMATED TOOLS

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Site and/or Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us and/or our dealers electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

INTERNATIONAL USE

The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only.

MISCELLANEOUS

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

NOTICE OF POTENTIAL INFRINGEMENT

To notify Cooper Tires of any suspected infringement, please contact us via our contact form.

We currently have a voluntary product recall in process, click here for more information.

Competition Terms and Conditions

1. Where used in these Terms of Use, “Cooper Tires” means Exclusive Tyre Distributors Pty Ltd (ABN 51159029357) 385 Macarthur Avenue, Hamilton, QLD, 4007 (“Promotor”).
2. 2023 Melbourne 4×4 Outdoors Show is considered the Event
3. Participation in the Competition is subject to the following terms and conditions and includes all information we provide on how to enter and prizes available. By submitting an entry into the Competition, you are indicating to us that you agree to be bound by these terms and conditions. Only entries that comply with these terms and conditions will be considered valid and eligible to win.

COMPETITION PERIOD

4. The competition commences at 8:00am AEST on 18/08/2023 and ends at 5:00PM AEST on 20/08/2023 (Competition Period).

WHO CAN ENTER THE COMPETITION

5. You are eligible to enter the Competition if you are:
   • attendees of the Event
   • ordinarily resident in Australia; and
   • aged 18 years or over (Eligible Entrants); or
   • aged 16 years or over and have the consent of your parent or guardian to enter; and
   • not an Ineligible Person
   • not an “Promotor” employee

INELIGIBLE ENTRANTS

6. If a winner is under 18 years of age, then the Promoter reserves the right in its absolute discretion to award the prize to the winner’s parent or guardian and to require that the parent or guardian execute such acknowledgment, indemnity and release as reasonably required in the circumstances.
7. Ineligible Person means any director, manager, employee of the Promoter, retailers, suppliers, employees or suppliers of the event, associated entities and agencies associated with this Competition, or any immediate family member of any of those persons.

HOW TO ENTER THE COMPETITION

8. To enter, Eligible Entrants must, during the Competition Period:
   • Scan the QR code and fill in the digital entry form via your phone. QR code can be found on the Cooper Tires stand at the Melbourne 4×4 Outdoors Show.
9. A limit of one entry applies per person.

DRAW DATE AND TIME

10. All valid entries will be included in the draw.
11. The draw will take place at 10am AEST on 05/09/2023 at 385 Macarthur Avenue, Hamilton, QLD, 4007 (Prize Draw Date).
12. The first valid entry drawn will be the winner of the prize (Winner).
13. The Prize will be announced and distributed in accordance with clause 20, 21 and 22 below. Winning is not contingent on being present at the draw.
14. The Prize Draw will be scrutinised by an independent person, unless an exemption is granted by a regulatory authority.

PRIZE(S)

15. TBA
16. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law.
17. Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as arising from, or in connection with the Prize supplied by the prize supplier, or the conduct of the prize supplier.

PRIZE DELIVERY

18. Prize can be redeemed at any authorised Cooper tires retailer. Prize winner has a year to redeem prize.

Prize substitution

19. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.

Winner notification and publication

20. Winners will be notified within two (2) weeks after the completion date of the competition period.
21. Winners will be notified in writing by email, phone call or by SMS to the email address or phone number submitted at the time of entry.
22. Winners will be published to Promoter’s social media accounts, once prizes have been delivered.

UNCLAIMED PRIZES

23. All prizes will be redeemable after the close of the Competition.
24. The Promoter will make reasonable efforts to identify and locate the Prize winner.
25. If any Prizes remain unclaimed within 1 year after Prize Draw, an unclaimed prize draw will be held at Exclusive Tyre Distributors, 385 Macarthur Avenue, Hamilton, QLD, 4007 on 24/06/2024 at 10am AEST subject to the approval of any necessary regulatory authority (Unclaimed Prize Draw).
26. Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in clause 20 above. Winners names will be published in the same manner as set out in clause 21 above.
27. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.

Use of Eligible Entrant’s Personal Information

28. Personal information including Eligible Entrant’s name, address, telephone number, email details will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third-party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing) (Purpose).
29. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
30. Eligible Entrants may access, change or update their personal information by emailing the Promoter on marketing@exclusivetyres.com.au or by phone at 1300 756 884 during office hours. A copy of the Promoter’s Privacy policy is available at https://www.coopertires.com.au/privacy-policy. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy related complaint.

 

INTELLECTUAL PROPERTY AND MORAL RIGHTS

31. By entering this Competition, Eligible Entrants license the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of royalties or compensation.
32. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
33. Eligible Entrants warrant that their entry is not in breach of any third-party intellectual property rights.

PUBLICITY

34. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.

GENERAL CONDITIONS

35. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
36. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Promoter.
37. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter; whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
38. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.
39. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
    • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    • any theft, unauthorised access or third party interference;
    • any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    • any variation in market value to that stated in these terms and conditions;
    • any tax implications; or
    • the Prize or use of the Prize.
40. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.
41. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.