1.1 The website located at www.tyreclub.co.zw (the “Site”) is owned and operated by Tyre Club Fitment Centre Private Limited. Tyre Club Fitment Centre Private Limited is a company incorporated in the Republic of Zimbabwe and shall, for purposes of these Terms be referred to as “we” or “us” or “us”. Unless specified to the contrary, we are also the seller of the products offered for sale on the Site (“Products”).
2. Your Account
2.2 You are solely responsible for maintaining the confidentiality of the log-in details for your Account in order to prevent unauthorized access to your Account.
3. Your Personal Information
4. Products, Product Sales and Availability
4.1 All Products are subject to availability, which we do not guarantee.
4.2 Placing a Product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such Product, and as such, we may remove such Product from the shopping basket if stock becomes unavailable and you cannot hold us liable if such Product is not available when the purchase cycle is completed at a later stage.
4.3 We may vary the exact specifications of Products without prior notice to you. We undertake not to vary the specifications of any Products which form part of orders already placed by you at the time of such variation.
4.4 We have taken all reasonable steps to ensure the accuracy of images or visual reproductions of Products. Please note that the device you use to access the Site may impact on how Products are displayed on your screen.
4.5 We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) on the purchase of any Products.
4.6 The tyre images we use on our website include wheels/ rims. Tyres are however sold without wheels/ rims.
This is for display purposes only.
5. Risk and Ownership
5.1 Risk in the Products shall pass to you upon delivery by us at the Delivery Address.
5.2 Until we receive full payment in cleared funds for the Products ordered, ownership in the Products shall remain with us.
6. Intellectual Property
6.1 All intellectual property in relation to the Site, which includes trademarks and copyright in the content and material on this Site (such as text, logos, graphics, images, icons, data, databases and designs), is owned by or has been licensed to us.
6.2 Such intellectual property is protected from infringement and may not be copied, reproduced, published
or used in any way without our consent (or the consent of the copyright or trade mark owner). In this regard, any intellectual property rights not expressly granted are reserved by us.
7. Use of the Site
7.1 You must not perform any act which may jeopardize or interfere with the functionality or the operation of
any part of the Website or our Services.
7.2 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
7.3 Subject to the further provisions of these Terms, the Site and its content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Site or its content.
7.4 This Site may only be used by you for personal and non-commercial purposes.
7.5 We grant you a limited license to copy and use content and material on the Site for the sole purpose of
obtaining information about us, the brands of the Products and other Products. Any other use of the content and materials on the Site is prohibited and will amount to infringement of our intellectual property rights.
7.6 Subject to the further provisions of these Terms, you are not allowed to: (I) frame, modify, distribute, commercialize, exploit and/or alter the Site or its content; (ii) incorporate any part of the Site’s content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
7.7 You are permitted to create a hyperlink to the home page of the Site so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Site is clearly visible.
8. Advertising and Links
Any hyperlinks on the Site to the external websites of third parties should not be seen as reflective of any commercial relationships between our business and those linked third parties. We do not endorse or sponsor any linked third parties or their websites and your use of any such websites will be entirely at your own risk.
9. Disclaimers, Indemnities and Exclusions of Liability
9.1.1 your rights; or
9.1.2 our liability (including liability for gross negligence) in terms of any applicable law. We cannot be held liable for any direct or indirect, incidental or consequential damage or loss arising from the use of, or inability to use, the Site.
9.2 We make no representations or warranties, implied or otherwise, that –
9.2.1 access to the Site will be uninterrupted; and
9.2.2 the Site’s transmission, content and technology is error-free, fully effective, secure and/or free from any viruses or other harmful components.
9.3 We have not specifically created or designed any individual Products for you in an attempt to meet your unique requirements, needs or purposes (none of which have been communicated by you to us).
9.4 You must satisfy yourself that the Products you order are likely to be reasonably suitable for the general purpose(s) for which they are intended.
10.2 Notwithstanding clause 10.1, either you or we may obtain interim or urgent relief from any competent court.
12. Our Information
12.1 In terms of section law, we are obligated to make certain information available to you.
12.2 Our information is as follows:
12.2.1 Full business name and legal status: Tyre Club Fitment Centre Private Limited.
12.2.2 Main business: Tyre Distributer
12.2.4 Physical address and telephone number: 79 Mutare Road, Msasa, Harare, Zimbabwe.
12.2.5 Address for receipt of legal service: 79 Mutare Road, Msasa, Harare, Zimbabwe.
12.2.6 Office bearers: Rindayi Nyatsanza
12.2.7 Webmaster: firstname.lastname@example.org
12.2.8 Website address: www.tyreclub.co.zw
12.2.9 Official email address: email@example.com
13.4 Any indulgence or leniency granted to you by us shall not be interpreted as a waiver or variation of any of our rights or remedies.
14. Tyre Finder
14.1 Every effort has gone into making the tyre finder (searching tyre sizes) as accurate as possible.
14.2 Data from external sources were used in creating the Tyre Finder and processed after to make it more user friendly.
14.3 We do not warrant the accuracy of the information, use it at your own risk.
14.4 We are not liable for any damages (or consequential damages) that result should the tyre size specified be incorrect.