COOPER TIRES TERMS OF USE

Where used in these Terms of Use, “Cooper Tires” means Exclusive Tyre Distributors Pty Ltd ABN 51 159 029 357 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.

Trade Mark 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.

COOPER TIRES PASSPORT TO ADVENTURE ELIGIBILITY CRITERIA

Cooper Tires Passport to Adventure (“Program”) is a 12 month membership offer to customers who purchase two or more Cooper Tires products (“Eligible Products”), purchased after the 5^th June, 2019. The Program will cease to be offered to any customers who submit their online form on or after the 9th of April 2020. The Program offers customers access to a range of products and services such as restaurants, leisure activities, cinemas, retailers, accommodation, and much more. Eligible Customers will have access to the Program for 12 months from the date that Cooper Tires approves their access to the Program.

The Program is sponsored by Exclusive Tyre Distributors in association with Frequent Values by Entertainment™ Publications of Australia Pty Ltd ("Entertainment™ Publications") ACN 065 011 903 of Level 1, 121 Scarborough Street, Southport, QLD, 4215. 3). Exclusive Tyre Distributors Pty Ltd ABN 51 159 029 357 as Authorised Distributor of Cooper Tires, 30 Gow Street, Moorooka QLD, 4105 (ETD).

Members of the Program ("Members" and "You") agree to the Frequent Values™ Terms and Conditions ("T&C") which are published and subject to periodic updates at https://passporttoadventure.frequentvalues.com.au/Rules-of-Use The Program will be promoted in store via print and digital Point of Sale marketing assets through partnered retailers; and online via the Cooper Tires website and social media accounts. Partnered retailers may choose to promote the campaign on their own websites and social media accounts.

Members of the Program agree to Exclusive Tyre Distributors Privacy Policy (which can be found online (/privacy-policy ), in addition to the Terms and Conditions for Passport to Adventure set out on this page and the Rules of Use set out on the Frequent Values website (https://passporttoadventure.frequentvalues.com.au/Rules-of-Use ).

Membership & Eligibility

The Program is limited to selected individuals only. Membership is limited to one account per individual. Employees, officers, directors, agents, and representatives of Cooper Tires and its parent, subsidiary, and affiliated companies are not eligible for membership of the Program. You must be aged 18 years or older and a resident of Australia to be eligible for membership of the Program.

To be eligible and considered by Cooper Tires for membership to the Program, you must have purchased two or more Eligible Products for personal use, after the 1st July, 2018 and provided valid details (“Valid Details”) which are listed below as part of your online registration of your tyres.

Valid Details that must be provided:

1.Personal details:
a.Email address
b.First and last name
c.Phone number
d.Street Address
e.Suburb
f.Postcode
g.State
h.Gender
i.Age bracket

2.Purchase information:
a.Image of your tyre invoice
b.Name of retailer
c.Tyre model/pattern
d.Tyre size
e.Quantity of tyres

3.Vehicle details:
a.Manufacturer
b.Year
c.Model
d.Mileage (in KMs)
e.Registration


The online registration form provides your information to Cooper Tires as part of “Up to 80,000km Mileage” Warranty in addition to forming your application to become a Member of Passport to Adventure. Warranty information and Terms and Conditions can be found online (/the-cooper-difference/latest-generation-of-tyre-technology/up-to-80000km-mileage-warranty and Members).

This offer is available to Cooper Tires customers (selected by Cooper Tires in its total and complete discretion) who complete an online registration of their Eligible Products while the Program is active (Exclusive Tyre Distributors may choose to end the Program at any time at their total and complete discretion). Cooper Tires reserves the right to both offer membership/access to the Program to selected Cooper Tires customers at its own unfettered discretion and also reserves the right to retract such offer at any time.

Eligibility criteria for selected customers include:

1.Members must purchase two or more Eligible Products and activate their membership in the Program. Cooper Tires may also offer membership of the Program to other customers at its discretion.

2.Cooper Tires reserve the right to end the Program in its complete and unfettered discretion.

3.If you’re eligible and selected by Cooper Tires to participate in the Program, you will receive emails from Cooper Tires regarding the Program.

4.Members must have submitted all Valid Details as part of their online registration form for their tyres.

Term of Membership & Activation

1. To be able to utilise the full 12 months’ membership you must activate the Membership within 7 days of receiving the offer email.

2. All logins issued under the Program will expire 12 months after the approval of access has been granted.

3. If you choose not to activate your login until after 7 days of receiving the offer email, then your access to the Program will be limited by the period of your delay to activate - for the avoidance of doubt access will be less than 12 months.

PRODUCT RECALL