THE TYRE MART TERMS AND CONDITIONS
These are the Terms and Conditions governing the placing of orders and the use of our website. These Terms and Conditions are a legally binding contract and you accept these Terms and Conditions when you use this website. We reserve the right to make changes to these Terms and Conditions from time to time which shall take effect immediately from the date of posting on this website. Your continued use of this website will amount to your acceptance of any changes to the Terms and Conditions. If you do not accept these Terms and Conditions or any part of them you should stop using this website immediately.
Ordering and Concluding a Contract
You may order the goods and services listed on our website by using the order form found on the website or by placing orders with us directly over the telephone. When you provide the information and any other details requested in our order form and when you send us your order you will have submitted a binding offer. By submitting your order, you have expressed your intention to acquire the goods and services described in your order and have unequivocally agreed to be bound by these Terms and Conditions. For the avoidance of doubt, orders placed through this website, by email or by telephone have the same legal effect. Whilst your order will be confirmed with an acknowledgement from us, such an acknowledgement does not amount to any form of acceptance on our part of that or any other order. This is because our contract with you will only take effect upon the delivery of the goods and services by us. You are solely responsible for ensuring the accuracy of all orders submitted by you, and for giving us any and all necessary and adequate information relating to the goods and services ordered to enable us to perform the contract. And you shall indemnify us from any and all liability as a result of any inaccurate information supplied by you when you submit your order.
Registration and Information
The price of our goods and services are subject to installation charges and GST and shall be the price stated on our order form. Where no price is stated on our order form, the price shall be the price listed in our price list or website which shall be current at the date and time of your order. We reserve the right to change the price of the goods and services at any time before delivery of the goods and services to reflect any increase in the cost to us which may be due to factors beyond our control (for example, any foreign exchange fluctuation, currency regulation, alteration of import or other duties, increases in labour, materials or other manufacturing costs, changes in delivery dates, quantities or specifications for the goods or services requested by you or any delay caused by any information or instructions given by you or a failure by you to provide us with any adequate information or instructions).
All items will be delivered to The Tyre Mart's registered address. The delivery time for an order is usually between 2 to 7 working days. Delivery will always be subject to availability of stock. We will send you an email to inform you of the estimated delivery date of your order. Time for delivery or fitting shall not be of the essence unless previously agreed by us in writing. Any dates quoted for delivery and/or fitting of the goods are approximate only and not guaranteed and we shall not be liable for any delay in delivery and/or fitting of the goods howsoever caused.
Failure to Collect Items / Install Goods
All items must be collected / installed in two weeks.
If you fail to collect / install the goods and services or if you fail to give us adequate collection / installation information and instructions when placing your order with us, we have the right to: store the goods ordered until actual delivery and charge you for the costs of storage and insurance; or sell the goods at a readily obtainable price and charge you for any shortfall below the price under the contract; or return the goods to the supplier and charge you for any costs incurred as a result of the return.
You may choose to make payment for the goods and services by Paypal or bank transfer. For payments made by Paypal or bank transfer, the goods shall only be ordered/reserved after our banks received your payment. We shall issue deposit receipts for all payments received by us. Time of payment of the price of the goods and services shall be of the essence. Where the goods and services have been ordered/reserved, but have yet to be paid, the price of the goods and services shall become immediately due and payable in full by you. If you fail to make any payment by the relevant due date or if payment is declined or not authorized by your banks or the issuer of your credit card then, we shall be entitled to: cancel the contract or suspend any further action to you; appropriate any payment made by you to such of the goods or services supplied under any other contract between you and us as we may think fit; and charge you interest on any amount unpaid, until we receive full payment from you.
Please take note that we shall be entitled to recover the price of the goods and services, even though installation may not have taken place and the property in the goods and services have not yet passed to you.
Cancellation, Returns & Refund
You may cancel your order immediately after it has been submitted up to three hours after time of purchase, before the scheduled installation date. All cancellations must be made by telephone or email and must be supported by valid reasons. For the avoidance of doubt, the ability to source or obtain the same goods and/or services specified in your order for a lower price shall not amount to a valid reason entitling you to cancel your order. We also do not accept the return of any goods and services once they have been delivered. Refunds of any monies for goods and services ordered and/or cancelled are entirely within our discretion. In the event that we agree to refund any monies to you, the refund shall be made by us within 7 to 10 working days via the bank account information you have provided to us when registering. Notwithstanding this, we reserve the right to charge you a flat fee of S$50 for the administrative, packing and delivery costs incurred by us in processing, preparing and delivering your order and subsequent refund. We shall also be entitled to cancel the contract or suspend any further deliveries to you without any liability whatsoever, if you make any voluntary arrangement with your creditors or become bankrupt or become subject to an administration order or go into liquidation, have a receiver, liquidator or administrator appointed over any of your property or assets, cease, or threaten to cease, to carry on business, or if we reasonably believe that any of the abovementioned events is about to occur to you.
Passing of Risk and Property
The risk of damage to or loss of the goods shall pass you when you are notified that the goods are ready for collection/to be fitted at our listed locations which will then also be subject to the terms and conditions of the relevant tyre fitting at our stores. Notwithstanding the above, the title to and the property in the goods shall not pass to you until all sums due by you have been paid in full.
Liability and Waivers
We will not liable for any defect in the goods or services: caused as a result of any inaccuracy in the order or information you have placed with us and shall not be liable for any loss arising from any errors made in the order that you have placed with us; or caused by fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions or misuse or alteration or repair of the goods without our express written approval.
Any claim by you based on any defect in the quality or condition of the goods or services or their failure to correspond with specification shall be notified to us on the day of installation / collection. Where the defect or failure was not apparent by reasonable inspection then, within 24 hours in writing after the date of first discovering the defect or failure.
Where installation has been done, and you do not notify us upon final payment, you shall not be entitled to reject the goods and we shall not be liable for the defect or failure. Where a claim is made for any defect in the quality or condition of the goods or services or their failure to meet specification is notified to us in accordance with these Terms and Conditions, we shall be entitled at our sole discretion to either replace the goods (or that part in question) or refund to you the price of the goods (or a proportionate part of the price), but we shall have no further liability to you or any other person. We will not be liable for any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these Terms and Conditions. We shall not be liable to you or be in breach of the contract for any delay in performing, or any failure to perform, any of our obligations in relation to the goods or services, if the delay or failure was due to any force majeure or other cause beyond our reasonable control. Whilst we have made every effort to ensure that no error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part. We reserve the right to change the goods or any relative specifications and designs at any time, without notice, as a result of any changes in the law or at our sole discretion. Save as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
Accuracy of Information
The images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website is provided on an “as is” basis. We make no representations, endorsements or warranties as to their accuracy. We will not be liable for any action taken (or not taken) in reliance upon the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website which action shall be taken entirely at your own risk. We reserve the right to make any changes to the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website without notice and without liability to you. External websites to which we provide links are not under our control and we take no responsibility for them and shall not be liable in any way for their content. This website, like any other, is susceptible to cyber-squatting and vandalism. We do not accept any responsibility for, nor liability in respect of, any information which appears on this website as a result of such actions. The operation of this website depends on the input of information by you. The service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.
Other Internet Portals
We do not guarantee that the other internet portals that offer our service meet your requirements or that they will available at any time without interruption, are timely, or secure and without defects. Your use of the other internet portals offering our service is at your own risk and we do not accept any liability for the same or for the correctness of the information provided by those other internet portals.
We do not have control over the Internet or over the means through which you have gained access to this website. We accept no responsibility and shall not be liable for any service interruption or the transmission of viruses or other harmful computer code through this website.
The laws of the Republic of Singapore shall govern these terms and conditions and the courts of the Republic of Singapore shall have jurisdiction over any disputes between us and you in respect of these terms and conditions and the use of this website.
1.1. At The Tyre Mart, we take your privacy seriously. We are committed to complying with all data protection/privacy laws as are applicable to us.
1.8. You can visit the Platform and browse without having to provide personal details. However, you may be required to sign up for an account if you wish to use the Services.
2. The Personal Data We Collect From You
2.1. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly, indirectly, and certainly identify an individual.
2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:
(a) Identity data, such as your name, gender, profile picture, and date of birth;
(b) Contact data, such as billing address, delivery address, email address and phone numbers;
(c) Account data, such as bank account and payment details;
(d) Transaction data, such as details about orders and payments to and from you, and other details of products and Services that you have purchased or obtained through the Platform;
(e) Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, and other information and technology on the devices you use to access the Platform;
(f) Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
(g) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform;
(h) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(i) Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another other persons featured in your video when you upload videos onto the Platform; and
(j) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3. During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:
(a) When you create an account with us;
(b) When you apply for any of the Services or purchase any products available on the Platform;
(c) When you use any of the features or functions available on the Platform or Services;
(d) When you record any user-generated content which is uploaded on the Platform;
(e) When you use the chat function on the Platform;
(f) When you subscribe to our publications or marketing collaterals;
(g) When you enter a competition, promotion or survey;
(h) When you participate in any activity or campaign on the Platform;
(i) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;
(j) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;
(k) When a third party lodges a complaint against you or the content you have posted on the Platform;
(l) When you access or use mobile games (including our augmented reality games) on the Platform; and
(m) When you interact with us offline, including when you interact with our outsourced customer service agents.
2.5. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.
2.7. You may access and update your personal information submitted to us at any time as described below.
3. Use and Disclosure of Personal Data
3.1. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third party service providers and their service providers and related companies, companies located both inside and outside your home country, third party sellers and other users), for certain purposes, which include but are not limited to the following:
(a) To facilitate your use of the Services or access to the Platform,
(b) To respond to your queries, feedback, claims or disputes, whether directly or through our outsourced customer service agents;
(c) To process orders you submit through the Platform (Payments that you make through the Platform for products, whether sold by us or a third party seller, will be processed by our agent);
(d) To deliver the products you have purchased through the Platform, whether sold by us or a third party seller. We may pass your personal information on to a third party in order to make delivery of the product to you (for example to our courier or supplier), whether the product is sold through the Platform by us or a third-party seller;
(e) To update you on the delivery of the products, whether sold through the Platform by us or a third party seller, and for customer support purposes;
(f) To compare information, and verify with third parties in order to ensure that the information is accurate;
(g) To ascertain your identity for fraud detection purposes;
(h) To facilitate the takedown of prohibited and controlled items from our Platform;
(i) To administer your account (if any) with us;
(j) To verify and carry out financial transactions in relation to payments you make online;
(k) To audit the downloading of data from the Platform;
(l) To improve the layout or content of the pages of the Platform and customise them for users;
(m) To identify visitors on the Platform;
(n) To carry out research on our users’ demographics and behaviour;
(o) To provide you with information we think you may find useful or which you have requested from us, including information about our or third party sellers’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;
(p) To display your name, username or profile on the Platform;
(q) To allow other users to identify you (via the "Find my friends" or any other similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socializing function of the Services;
(r) To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on our Platform and will be assessible on the internet and may be shared by the public (the latter of which is not within our control), as part of our advertising and marketing campaigns to promote the Platform;
(s) To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
(t) To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
(u) To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
(v) To send you marketing or promotional materials about our or third-party sellers’ products and services from time to time (unless you choose to opt-out from receiving these materials); and
(w) We may also conduct automated decision-making processes in accordance with any of these purposes.
3.2. For the avoidance of doubt, you acknowledge and consent to The Tyre Mart sharing anonymised information such as but not limited to in the following circumstances:
(a) Aggregated information. We may conduct joint data analytics projects with selected third-party providers using anonymised information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Platform
(b) Behavioural-based advertising. We may collaborate with selected third parties using anonymised information to derive certain models that would facilitate more accurate advertising to selected users.
3.3. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
3.4. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.
3.5. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the abovementioned purposes.
4. Withdrawal of Consent to Continued Use, Disclosure, Storing and/or Processing of Personal Data
4.1. You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data for any of the purposes and in the manner as stated above at any time.
4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
5. Updating Your Personal Data
5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
5.2. You can update your personal data anytime by accessing your account on the Platform.
5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
6. Accessing Your Personal Data
6.1. You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
6.2. We reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.
6.3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).
7. Security of Your Personal Data
7.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
(a) Restricting access to personal data to individuals who require access;
(b) Maintaining technology products to prevent unauthorised computer access; and
(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details.
7.2. If you believe that your privacy has been breached by The Tyre Mart, please contact us immediately.
7.3. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
7.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your The Tyre Mart password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal data and other data submitted to The Tyre Mart. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer.
8. Retention of Personal Data
8.1. We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
9.1. The Tyre Mart does not sell products for purchase by minors (which is to be determined based on the applicable law), nor does it intend to provide any of the Services or the use of the Platform to minors. We do not knowingly collect any personal data relating to minors.
9.4. We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10. Collection of Computer Data
10.2. When you visit the Platform through your computer, mobile device, or any other device with internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:
(a) Your computer or device's IP address;
(b) Browser type;
(c) Webpage you were visiting before you came to the Platform;
(d) The pages within the Platform which you visit; and
(e) The time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.
10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide.
10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalise the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.
10.5. You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.
10.6. Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
11. Disclaimer Regarding Audio/Photo/Video Recording of any Works Done at The Tyre Mart
11.1. Please note that when you come into our workshop and engage our services or purchasing our products, you automatically consent to interview(s), audio recording, photography, videography, their release or reproduction to be used for news, advertising, promotional purposes or for any other purpose that The Tyre Mart, it employees and all persons involved with the interview(s), audio recording, photography, videography, their release or production deem fit.
11.2. By entering The Tyre Mart and engaging our services or purchasing our products, you waive all right you may have to any claims in payment, partnership, royalties with any form of release or reproduction of materials stipulated above, regardless of any fee of admission. You also waive any rights to inspect or approve any audio recording, photo, video or copywriting taken and done by The Tyre Mart, its employees and all persons involved.
12. The Tyre Mart’s Right to Disclose Personal Data
12.1. YOU ACKNOWLEDGE AND AGREE THAT THE TYRE MART HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF THE TYRE MART HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST THE TYRE MART FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.
13. Third Party Sites
13.1. The Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.
14. Questions, Feedback, Concerns, Suggestions or Complaints
14.1. If you have any questions, or if you have any feedback, concerns, suggestions or complaints in relation to personal data, please feel free to contact us at +65 6904 1887.
Version dated 01 January 2020