Terms of Service — YKINGS4X4
These Terms of Service (“Terms”) govern your access to and use of the website located at ykings4x4.com.au and any official YKINGS4X4 online channel (together, the “Site”).
The Site is operated by Big Sam and Sons Pty Ltd T/A YKINGS4X4 (ABN 14651442723) (“YKINGS4X4”, “we”, “us”, “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
You should also read our Terms & Conditions (Sales), [Refund & Return Policy], and [Privacy Policy]. If there is any inconsistency, the Terms & Conditions (Sales) govern purchases and services.
1. Online Store Terms
By using the Site, you represent that you are at least the age of majority in your state or territory of residence, or you have obtained the lawful consent of your parent/guardian for any minor who uses the Site.
You must not use our products or the Site for any illegal or unauthorised purpose, and you must not violate any applicable laws (including intellectual property laws). You must not transmit malware, viruses, or destructive code. Any breach of these Terms may result in immediate termination of your access.
2. General Conditions
We may refuse service to anyone at any time. You understand that your content (excluding payment card data) may be transmitted unencrypted over various networks and may be adapted to meet technical requirements. Payment card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.
3. Accuracy, Completeness and Timeliness of Information
Information on the Site is provided for general information only and may not be accurate, complete, or current. Any reliance is at your own risk. We may modify Site content at any time but have no obligation to update it. You are responsible for monitoring changes.
4. Modifications to the Service and Prices
Prices for products are subject to change without notice. We may modify or discontinue the Site (or any feature) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance.
5. Products or Services
Some products/services may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Refund & Return Policy. We endeavour to display product colours/images accurately but cannot guarantee your screen’s accuracy.
We may limit sales to any person, region, or jurisdiction and limit quantities at our discretion. Product descriptions and pricing may change at any time. We may discontinue any product at any time. To the extent permitted by Australian law, we do not warrant that products/services will meet your expectations or that errors will be corrected.
6. Accuracy of Billing and Account Information
We may refuse any order. We may limit/cancel quantities per person, household, or order (including those using the same account, card, or billing/shipping address). If we change/cancel an order, we may notify you using the contact details you provided.
You agree to provide current, complete and accurate purchase/account information, and to promptly update details (including email and payment details). See our Refund & Return Policy for more information.
7. Optional Tools
We may provide access to third-party tools on an “as is” and “as available” basis without warranties. We have no liability arising from your use of such tools. Your use is at your own risk, and you should review the applicable third-party terms.
8. Third-Party Links
The Site may include content, products, services, or links from third parties. We are not responsible for examining or evaluating third-party materials/websites and will not be liable for any transactions with third parties. Review third-party policies before engaging in any transaction. Complaints regarding third-party products should be directed to the third party.
8.1 No Affiliation with Third-Party Manufacturers/Providers
YKINGS4X4 is not affiliated with any third-party product or service provider, including motor vehicle manufacturers. We do not represent that any graphics, trademarks, logos, layouts, or content on the Site indicate any connection with a third party.
To the extent permitted by law, YKINGS4X4 disclaims liability for direct/indirect/incidental/punitive/consequential/special damages arising from access, use of, or reliance on Site content, or from delays, errors, omissions, interruptions, viruses, unauthorised access, or telecommunication failures.
Products/services listed on the Site must not be taken to represent products/services of any third party unless explicitly stated.
9. User Comments, Feedback and Other Submissions
If you submit ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate, and use them in any medium, without restriction and without compensation. We may, but have no obligation to, monitor/edit/remove content we determine is unlawful/offensive/defamatory/obscene/violates IP rights or these Terms.
You warrant your Comments do not violate third-party rights, do not contain unlawful/abusive/obscene material or malware, and you will not mislead us regarding their origin. You are solely responsible for your Comments.
10. Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy.
11. Errors, Inaccuracies and Omissions
Occasionally information on the Site may contain typographical errors or inaccuracies (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct errors, change/update information, or cancel orders if any information is inaccurate, at any time, without notice (including after you submit an order), except where prohibited by law.
12. Prohibited Uses
In addition to other prohibitions in these Terms, you must not use the Site or its content:
(a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any laws/regulations; (d) to infringe IP rights; (e) to harass/abuse/defame/discriminate; (f) to submit false/misleading information; (g) to upload viruses/malicious code; (h) to collect or track personal information; (i) to spam/phish/scrape; (j) for any obscene/immoral purpose; or (k) to interfere with security features of the Site or Internet. We may terminate your use for any violation.
13. Disclaimer of Warranties; Limitation of Liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). To the extent permitted by law:
We do not guarantee your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not warrant results obtained from use of the Service will be accurate/reliable.
We may remove or cancel the Service at any time without notice.
You use the Service at your own risk. The Service and all products/services are provided “as is” and “as available.”
In no case shall YKINGS4X4 or its personnel be liable for any consequential or special damages (e.g., lost profits, revenue, savings, data), except to the extent such limitation is not permitted by law.
Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the maximum extent permitted by law.
For limitations on liability relating to purchases, installations, refunds, and shipping, see our Terms & Conditions (Sales) and Refund & Return Policy.
14. Indemnification
You agree to indemnify, defend, and hold harmless YKINGS4X4 and its related parties from any claim/demand (including reasonable legal fees) made by any third party arising out of your breach of these Terms or violation of any law or third-party rights.
15. Severability
If any provision is held unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the remaining provisions.
16. Termination
These Terms are effective unless and until terminated by you or us. You may terminate by ceasing use of the Site and notifying us. If you breach (or we suspect you have breached) these Terms, we may terminate immediately without notice. Obligations and liabilities incurred prior to termination survive termination.
17. Copyright & Trademarks
The Site is protected by copyright and other IP laws. Unless otherwise indicated, all content (including graphics, logos, text, and layout) is the exclusive property of YKINGS4X4. You may not use, reproduce, modify, distribute, publicly display, or operate any part of the Site without our prior written consent.
If you believe content on the Site infringes your copyright, contact us at [email protected] with:
Identification of the copyrighted work;
Identification/URL of allegedly infringing material;
Your name, address, phone, and email;
A statement of good-faith belief in unauthorised use;
A statement that the information is accurate and you are authorised to act for the owner;
Your physical/electronic signature.
We may disregard notices that do not include the information above.
18. Entire Agreement
These Terms, together with any policies or notices posted on the Site (including Terms & Conditions (Sales), Refund & Return Policy, and Privacy Policy), constitute the entire agreement between you and us regarding your use of the Site, and supersede any prior agreements. Any ambiguities shall not be construed against the drafting party.
19. Governing Law
These Terms and any disputes arising out of or related to them are governed by the laws of Victoria (VIC), Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
20. Changes to These Terms
You can review the most current version of these Terms on this page. We may update or change these Terms at any time by posting an updated version to the Site. Your continued use of the Site after changes are posted constitutes acceptance.
21. Contact Information
Questions about these Terms of Service: