Terms of Use

DEFINITIONS

‘Site’ means this site and selected and/or all information contained on this site. ‘Content’ refers to the accessible information contained on the Site. ‘You’ means the person/persons wishing to access the Site and by using this Site you agree to be subject to terms and conditions as outlined. ‘Hyperlink’ refers to the mechanism that provides a link from one location to another within the Site and any link to sites external to the Site.

TERMS & CONDITIONS

We, Giti Tire (USA) Ltd. (“Giti Tire”) own the Site. Your access to this Site is subject to these Terms of Use, this Website Privacy Policy Notice, and any disclaimers or any other terms and conditions or other statements contained on the Site. By accessing the Site you agree to the Terms of Use. Any changes or modification to the Terms of Use will take immediate effect and any subsequent use by you (the user) will constitute acceptance of any such changes and modifications. We will give you notice of these changes by publishing revised Terms of Use on the Site – we will not separately notify you of these changes.

INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF CONTENT ON THE SITE

All information, text, material, graphics, software and advertisements on the Site (“Content”) are exclusive property of Giti Tire (USA) Ltd., its suppliers and/or licensors unless expressly indicated otherwise on the Site. The Content is protected by copyright and/or other intellectual property rights. Content on the Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorized in writing by Giti Tire. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Site in any manner or for any purpose, which is unlawful or in any manner which violates any right of Giti Tire or which is prohibited by the Terms of Use.

USER LICENSE TO GITI TIRE

By placing any information or other material on the Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Giti Tire a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material: 1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Giti Tire and any other party authorized by Giti Tire all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At our request and expense, you will execute and deliver to Giti Tire such instruments and take such other actions as may be required to carry out this grant of license and waiver.

ADVERTISING, LINKS TO THIRD PARTY WEBSITES, AND E-COMMERCE OFFERS

The Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Giti Tire, and Giti Tire is not responsible for the Contents of any linked web or any hyperlink contained in a linked website. Giti Tire provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Giti Tire. You link to any such website entirely at your own risk. The Site may also contain third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Giti Tire or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement may contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Giti Tire, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

DISCLAIMER AND LIMITATION OF LIABILITY

1) All Content is provided “as is” and without warranties of any kind, either express or implied; 2) Giti Tire does not warrant that the functions contained in any Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components; 3) Giti Tire does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and 4) you (and not Giti Tire) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of Giti Tire) will Giti Tire be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that Giti Tire does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.

TERMINATION

The Terms of Use are effective until terminated by Giti Tire, and Giti Tire may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorized to access the Site, but all restrictions imposed on you, licenses granted by you and all of Giti Tire’s disclaimers and limitations of liability set out in the Terms of Use will survive.

TRADEMARKS OF GITI TIRE AND ITS AFFILIATES

The trademarks listed below are trademarks of Giti Tire or its affiliates (as indicated). All other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Giti Tire, its relevant affiliates or third-party owner. Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant website, but such use requires the express written authorization of Giti Tire or its relevant affiliates, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

APPLICABLE LAWS AND JURISDICTIONS

These terms and conditions and the use of this Site shall be governed by and construed in accordance with the laws of Singapore, unless otherwise expressly provided. All controversies and disputes arising out of or relating to these terms and conditions shall be submitted to the respective court authority.