Last Updated: December 12, 2023
Welcome to Supertails! These Terms of Service (“Terms”) are a legally binding agreement between you and Supertails governing your access to and use of the Supertails website (the “Site”), including any content, functionality, products, and services offered on or through the Site.
Please read these Terms carefully before using the Site. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or resources added to the Site will also be subject to these Terms. You can review the current version of these Terms at any time on this page. Supertails reserves the right to update and change these Terms by posting updates and changes to the Site. You are advised to check this page from time to time for any changes. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
2. Key Terms
Here are some key terms used in these Terms:
The Site refers to the Supertails website located at ntb-tires.com, including all content, services, products, and functionality offered on or through the website.
Supertails, We, Us, Our refer to the company that owns and operates the Site.
You, Your, User refer to any individual or entity accessing or using the Site.
Content refers to any information, data, tools, products, services, software applications and other materials offered on or through the Site.
3. Site Access & Account Registration
3.1. Site Access
The Site is available for your personal, non-commercial use only. In order to access certain features, functionality, Content, products or services offered on or through parts of the Site, you may be required to create an account.
3.2 Account Registration
If you register for an account on the Site, you must provide accurate and complete information. You are solely responsible for any activity occurring in your user account and must keep your account password secure. You must notify Supertails immediately of any breach of security or unauthorized use of your account.
You must be at least 13 years old, or the minimum age of digital consent in your country, in order to create an account. Individuals under the applicable minimum age are prohibited from creating accounts or using the Site.
Supertails reserves the right to refuse service, close accounts, or cancel orders at our sole discretion.
4. Acceptable Use Policies
Your access to and use of the Site is conditioned on your full compliance with all applicable laws, rules and regulations and these Terms. All Content you access or use must be used lawfully.
You may not access or use the Site for any purpose or in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s access to or use of the Site. You may not attempt to gain unauthorized access to the Site, user accounts, or computer systems or networks connected to or supporting the Site.
4.1. User Generated Content
The Site may allow you to upload your own content for certain features or services, including blogs, forums, message boards, reviews, etc. You retain ownership of any intellectual property rights that you hold in any content you create and submit. You grant Supertails a perpetual, royalty-free license to use, copy, modify, distribute, publish, or process any content submitted by you.
Any content you upload must not violate the law or rights of any individual or entity. Specifically, submitted content must not: (a) contain any material which is defamatory, abusive, harassing, threatening or obscene; (b) contain any virus, spyware, or other malicious code; (c) promote illegal drugs or violate export control laws. Supertails reserves the right to remove content for any reason without notice.
4.2. Prohibited Uses
In connection with your access to and use of the Site, you may not and agree not to:
- Attempt to circumvent rate limits, call limits or other constraints that are implemented on certain Site features or services.
- Undermine the security or integrity of computing systems or networks used by Supertails or our users.
- Copy, reproduce, distribute, modify and make derivative works of any Supertails content protected by copyright or other intellectual property laws without express permission from the copyright holder.
- Use scraping or similar data gathering methods to collect and manipulate data from the Site. Activity that places excessive strain on our infrastructure or interferes with website performance is also prohibited.
5. Types of Site Users
The Site welcomes both consumer users and business representatives. Additional restrictions may apply with business-related use, as described below.
5.1. Consumer Users
The general public may access and use the Site as consumers, without registering a user account. Customers who register on the Site may have access to additional features or functions. Consumer users have access to the Site for their own personal purposes only, including researching products, reading reviews, interacting with other consumers, etc.
5.2. Business Representatives
Businesses and other commercial entities may interact with the Site for purposes that are limited to a commercial or business-related interest. Business representatives may include sellers, vendors, service providers, brands, agents, publishers or marketers.
Registered business accounts may access special tools or features related to order fulfillment, account administration, product listings, ad campaigns, promotions, etc. All activity conducted through an approved business account is considered business or commercial in nature. Misrepresenting a consumer account as a business account is prohibited and grounds for termination.
6. Intellectual Property Rights
Supertails alone owns all right, title and interest, including all related intellectual property rights, in and to the Site and all Content other than User Generated Content. You do not acquire any ownership rights by accessing or using the Site or by creating a user account.
6.1. Site Content Restrictions
The Site and all Site Content is protected by copyright, trademark, patent and other intellectual property laws. Using the Site does not give you ownership of any intellectual property rights. Do not delete, change or obscure any copyright or trademark notices from Site Content you access or use.
6.2. Your Use of Site Content
Subject to your strict compliance with these Terms, Supertails grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and use Site Content for your own personal noncommercial use related to your use of the Site.
7. Purchases, Payments & Refunds
Supertails may provide you an opportunity to purchase access to digital content, license software or applications, order products or services, book reservations or tickets (collectively referred to as “Purchases”). Additional terms and conditions related to any specific Purchase may be provided at the time you make the Purchase.
7.1 Prices & Payments
Any price or cost published on the Site are quoted in Australian dollars and applicable taxes, unless expressly indicated otherwise. Supertails reserves the right to change pricing or modify tax application at any time in its sole discretion.
Payment processing services may be provided through third party financial institutions. We are not responsible for currency fluctuations, differences in posted pricing due to changing foreign exchange rates or related incidental banking fees charged by your credit card company or bank.
Once payment is issued and received you cannot obtain a refund or credit. All purchases are final and non-refundable except when required by applicable law. Chargebacks will result in account termination. Should you request a chargeback in error, you must immediately issue payment to remedy the chargeback.
7.2 Refunds & Cancellations
Except when required under Australian or other applicable consumer protection laws, Supertails has no obligation to provide refunds or credits for any reason. Purchases of goods or services offered on the Site are final and you have no right of refund or exchange.
If Australian or other applicable laws provide additional consumer protections, Supertails will process valid refund or cancellation requests initiated before delivery or performance related to defective merchandise or as required when cancelling advance orders or reservations.
8. Third Party Services & Linked Websites
The Site may provide tools, applications or payment services supplied by independent third-party providers or may link to websites operated by third parties. Even if tools, apps or sites are accessed directly from our Site, each third-party provider maintains separate terms of service, privacy policies, procedures and practices for their applications, tools or websites. Supertails is not affiliated with and does not oversee or control third-parties.
Supertails has no responsibility related to third party providers – including responsibility for website content or policies, additional fees charged by third parties, or privacy breaches committed by third parties. Users of third party apps, tools or websites accessed via this Site do so at their own risk.
9. Disclaimers & Limitations of Liability
Supertails makes no representations, warranties, guarantees or endorsements regarding the quality, accuracy, reliability or integrity of any site content, third party content, products, services, information or other material displayed, purchased or obtained as a result of an advertisement or listing on the Site.
All use of the Site is at your own risk. Site content and materials should not be relied upon for personal, legal, medical, accounting or financial advice. Healthcare information reviewed on the Site is not a substitute for professional medical diagnosis or treatment. Consult a physician regarding any medical conditions. Do not disregard professional advice due to information presented on the Site.
Supertails disclaims any liability for incidental, punitive or consequential damages arising out of or connected to the use of the Site.
Certain jurisdictions may not allow disclaimers of implied warranties or limitations of liability – thus the above disclaimers and limitations may only apply to you to the extent permissible under Australian laws.
As a condition of your access to and use of the Site, you agree to indemnify, defend and hold harmless Supertails, our parent company, employees, directors, officers, agents and their successors from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising from your access or use of the Site, violation of these Terms, violation any third party rights or violation of any applicable law. You will fully cooperate with Supertails in defending any claim pursuant to this indemnification obligation.
11. Copyright & Trademark Disputes
Supertails will respond to notices of copyright or trademark infringement if properly notified as per the Australian Copyright Act 1968.
Notices should be sent only to our designated agent and must include:
- A signature of physical or electronic hand-written notice by the copyright holder or authorized representative;
- Identification of the infringing material and information reasonably sufficient to locate the material on the Site;
- Contact information reasonably sufficient to contact the copyright holder or authorized representative;
- A statement the party has a good faith belief the disputed use is unauthorized;
- A statement made under penalty of perjury that information provided is accurate and the notifying party is authorized to make infringement claims.
Our Copyright Agent for notice of claims of copyright or trademark infringement can be reached as follows:
Supertails.com Legal Department
Upon receipt of notice as outlined above, Supertails will respond under applicable Australian law, including removing or disabling access to the disputed material. Repeated violations of intellectual property rights will result in account termination.
If you believe any content on our Site infringes your intellectual property rights, please report at our Copyright Dispute page with the information required.
12. Termination Rights
You agree Supertails reserves the right to suspend or terminate any user account, or suspend or block access to the Site, at our sole discretion without notice or liability to you. Grounds for account termination include:
- Breaches or violations of these Terms or other policies and procedures posted in the Site;
- Requests by law enforcement, government agencies or other third parties;
- Unexpected technical issues, problems or security breaches;
- Engagement by users in fraudulent, illegal or unauthorized conduct;
- Any misrepresentation or omission of facts in account registration that, if known, would have prevented you from registering for an account;
- You no longer qualify to access this Site or specific tools, offers, services or content made available through this Site.
If and when an account termination occurs, any rights to access Site content terminate immediately and access may be blocked without notice. We reserve the right to refuse subsequent registration of suspended or terminated users.
Registration data and account history for terminated accounts may be maintained, unless prohibited by law, and may be shared with law enforcement officials or others pursuant to subpoena or court order.
You may delete your account at any time by submitting a request. We will use commercially reasonable efforts to honor valid deletion requests, but you acknowledge some deleted data may persist internally if required for legitimate business purposes or to comply with legal obligations.
13. Governing Law
These Terms and any access to or use of the Site is governed by the laws of New South Wales and you irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Sydney, NSW to resolve any legal matter arising from the Terms, Site or your access to and use of the Site.
14. Modifications & Changes
We reserve the right to modify or replace these Terms in our sole discretion at any time. Updated versions of the Terms become effective once posted on the Site. Please check back frequently to ensure you are familiar with the latest version.
Continued access or use of the Site after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to revisions, you must immediately stop accessing and using the Site.
If any provisions, or part(s) thereof, are determined to be illegal, invalid or unenforceable, in whole or in part, the remaining provisions (and parts of remaining provisions) shall nevertheless be binding and enforceable.
16. Contact Supertails
If you have any questions about these Terms, please contact us:
Supertails Legal Department