Terms of service

OVERVIEW

Welcome to Zeknova Drift Australia. The terms "we", "us" and "our" refer to Zeknova Drift Australia. Zeknova Drift Australia operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with our products and services.

Zeknova Drift Australia is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access, browse, purchase from, or otherwise use our website, store, products or services.

Please read these Terms carefully. They include important information about your rights and responsibilities, including product use, motorsport and off road use, warranty disclaimers, limitations of liability, delivery, returns and Australian Consumer Law rights.

By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not use or access our Services.

AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty, remedy or protection that you have under the Australian Consumer Law or any other law that cannot be lawfully excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any exclusions, disclaimers, limitations of liability or other limits in these Terms apply only to the maximum extent permitted by law.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependent to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing products, you may be asked to provide information such as your name, email address, billing address, payment information, delivery address and contact details.

You represent and warrant that all information you provide to us is correct, current and complete, and that you have all rights necessary to provide that information.

You are responsible for maintaining the security of your account credentials and for all activity that occurs through your account. You must not transfer, sell, assign or license your account to any other person.

SECTION 2: OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions, images, specifications, prices and availability information for our products. However, product colours, appearance, tread patterns, sidewall markings, packaging, finish and other visual details may appear differently on your screen due to your device, display settings, lighting, photography or image processing.

Product descriptions, specifications, availability and pricing may change at any time without notice, subject to applicable law. We may discontinue products, restrict quantities, refuse orders, or limit supply to any person, geographic region or jurisdiction where reasonably necessary, including because of stock limitations, suspected fraud, pricing errors, product availability, delivery restrictions, safety concerns, legal requirements or breach of these Terms.

You are responsible for checking that any product is suitable for your vehicle, intended use, wheel size, tyre size, load rating, speed rating, clearance, suspension setup, alignment, local legal requirements and any applicable motorsport or event requirements before purchase and use.

Any fitment guidance, compatibility information or product recommendations provided by us are general in nature only and are not a substitute for inspection and advice from a qualified tyre fitter, mechanic, engineer, vehicle manufacturer, event organiser, road authority or other appropriately qualified professional.

SECTION 3: MOTORSPORT, OFF ROAD AND PUBLIC ROAD USE

Some products sold by Zeknova Drift Australia may be designed, marketed, supplied or suitable only for motorsport, competition, drift, track, race, off road, show, display, specialist or private property use. Some products may not be legal, suitable or approved for use on public roads.

Where a product is described as "motorsport only", "track only", "race use only", "off road only", "not for highway use", "not road legal", "competition use", "drift use", "specialist use" or similar, you must not use that product on public roads unless you have independently confirmed that such use is lawful, safe and suitable in your location and circumstances.

Unless a product listing expressly states that a product is road legal for your specific vehicle, location and intended use, you must make your own enquiries before using that product on public roads.

Motorsport, drifting, racing, track driving, off road driving, burnouts, competition use, performance driving and modified vehicle use are inherently dangerous activities. They can result in serious injury, death, vehicle damage, property damage, tyre failure, loss of control, fines, defect notices, insurance issues and legal consequences.

To the maximum extent permitted by law, Zeknova Drift Australia is not responsible or liable for any accident, crash, collision, injury, death, vehicle damage, property damage, tyre failure, loss of control, fine, penalty, defect notice, roadworthiness issue, insurance issue, event disqualification, loss, cost or claim arising from or connected with:

1. your selection, installation, fitment, modification, maintenance, storage, pressure setting, heat cycling, use or misuse of a product;
2. use of a product for motorsport, drift, track, race, off road, competition, burnout, performance or modified vehicle activity;
3. use of a product on public roads where the product is not suitable, lawful, approved or roadworthy for that use;
4. failure to obtain professional advice, professional fitting or proper inspection;
5. failure to follow product instructions, vehicle manufacturer guidance, load ratings, speed ratings, event rules, road rules or applicable laws;
6. vehicle modification, incorrect alignment, incorrect wheel or tyre fitment, incorrect tyre pressure, overloading, excessive speed, aggressive driving, impact damage, road hazards, heat damage, tyre wear, punctures or improper storage;
7. any act, omission, negligence, misuse, illegal conduct or decision by you, a driver, a fitter, a mechanic, a passenger, an event organiser, a road user, a carrier or any third party.

You acknowledge that you are solely responsible for the safe, lawful and appropriate use of any product after delivery or collection, including how the product is installed, maintained and used.

Nothing in this section excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

 

SECTION 4: ORDERS

When you place an order, you are making an offer to purchase the products in your cart. We may accept or decline your order in accordance with applicable law.

Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or amendment requests after an order is accepted or processed.

We may refuse, cancel or amend an order where reasonably necessary, including because of stock unavailability, suspected fraud, incorrect pricing, incorrect product information, delivery restrictions, payment issues, safety concerns, breach of these Terms, legal requirements or other reasonable commercial reasons.

If we do not accept, amend or cancel an order, we will attempt to notify you using the contact details provided at the time of purchase. If we cancel an order after payment has been processed, we will refund the amount paid for the cancelled item or order in accordance with applicable law.

Returns, refunds and exchanges are handled in accordance with our Refund Policy, in addition to any rights and remedies you may have under the Australian Consumer Law.

Unless we expressly agree otherwise in writing, products are supplied for your own use and must not be purchased for unauthorised commercial resale or export.

SECTION 5: PRICES, GST AND BILLING

All prices are displayed in Australian dollars unless otherwise stated.

For Australian consumer sales, displayed prices include GST where applicable. Delivery charges, optional extras and any other additional charges will be shown before checkout where applicable.

Prices, discounts, promotions and availability are subject to change without notice, subject to applicable law. The price charged for a product will be the price shown at checkout at the time you place your order, unless there is an obvious error or another lawful reason for correction.

For international orders, you are responsible for any customs duties, import taxes, clearance fees or local charges unless we expressly state otherwise.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, billing details, delivery address and payment details, so that we can complete your transactions and contact you if needed.

You represent and warrant that:

1. the payment information you provide is true, correct and complete;
2. you are authorised to use the payment method provided;
3. charges incurred by you will be honoured by your payment provider;
4. you will pay all charges incurred by you at the prices shown at checkout, including delivery and applicable taxes.

SECTION 6: SHIPPING AND DELIVERY

Delivery timeframes are estimates only unless expressly stated otherwise. We are not responsible for delays caused by carriers, customs, weather, incorrect delivery information, third party service providers, stock delays, events outside our reasonable control or other circumstances beyond our reasonable control.

If we cannot supply your order within the stated timeframe or within a reasonable time, we will contact you and provide a solution as required by law.

If your order is lost or damaged in transit before delivery, please contact us as soon as possible so we can investigate with the carrier and provide any remedy required under the Australian Consumer Law or other applicable law.

Risk in the products passes to you when the products are delivered to the delivery address you provided, collected by you, or collected by a person authorised by you, subject to any rights you may have under the Australian Consumer Law.

You are responsible for ensuring that your delivery address, contact details and delivery instructions are accurate and complete. We are not responsible for loss, delay or additional costs caused by incorrect or incomplete delivery information provided by you, except to the extent required by law.

SECTION 7: INTELLECTUAL PROPERTY

Our Services, including all trade marks, brands, text, displays, images, graphics, product reviews, video, audio, design, selection, arrangement and other content, are owned by Zeknova Drift Australia, its affiliates, licensors or suppliers, and are protected by Australian and international copyright, trade mark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by law.

Nothing in these Terms grants you any licence or other rights in any intellectual property of Zeknova Drift Australia, Shopify or any third party, except as expressly stated.

Zeknova Drift Australia's names, logos, product names, service names, designs and slogans are trade marks of Zeknova Drift Australia or its affiliates or licensors. You must not use those trade marks without our prior written permission. Shopify's name, logo, product names, service names, designs and slogans are trade marks of Shopify. All other names, logos, product names, service names, designs and slogans on the Services are the trade marks of their respective owners.

SECTION 8: OPTIONAL TOOLS

We may provide you with access to customer tools, features or integrations offered by third parties as part of the Services. We do not monitor, control or have input into those third party tools unless expressly stated.

You acknowledge and agree that access to third party tools is provided "as is" and "as available" to the maximum extent permitted by law. We make no warranties, representations or conditions about third party tools except where required by law.

Your use of optional third party tools is at your own risk and discretion. You should review and approve the terms, policies and practices of the relevant third party provider before using those tools.

We may offer new features, tools or resources through the Services in the future. Those new features, tools or resources will also form part of the Services and will be subject to these Terms unless we state otherwise.

SECTION 9: THIRD PARTY LINKS

The Services may contain materials, embedded functionality or hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, practices, products or services of third party websites or materials.

If you access third party materials or websites, you do so at your own risk. To the maximum extent permitted by law, we are not liable for any harm, loss or damage related to your access to, purchase from, or use of any third party websites, products, services, resources or content.

Complaints, claims, concerns or questions regarding third party products and services should be directed to the relevant third party.

SECTION 10: RELATIONSHIP WITH SHOPIFY

Zeknova Drift Australia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Zeknova Drift Australia.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Zeknova Drift Australia, including any injury, damage or loss resulting from purchased products and services.

To the maximum extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Zeknova Drift Australia.

SECTION 11: PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be handled in accordance with Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located outside Australia or outside your country of residence.

Please review our Privacy Policy for more details about how we, Shopify and our service providers collect, use, disclose, store and protect personal information.

 

SECTION 12: FEEDBACK, REVIEWS AND USER CONTENT

If you submit, upload, post, email or otherwise provide any ideas, suggestions, feedback, reviews, images, videos, testimonials, proposals, plans or other content, collectively called "Feedback", you grant us a perpetual, worldwide, sublicensable, royalty free licence to use, reproduce, modify, publish, distribute, display and otherwise exploit that Feedback in any medium for any purpose, including commercial, marketing, product improvement and promotional purposes.

You represent and warrant that:

1. you own or have all necessary rights to provide the Feedback;
2. you have disclosed any compensation, incentive, sponsorship or benefit received in connection with the Feedback;
3. your Feedback is accurate, lawful and not misleading;
4. your Feedback does not infringe any third party rights, including copyright, trade mark, privacy, publicity or other personal or proprietary rights;
5. your Feedback does not contain viruses, malware, unlawful material, abusive material, obscene material or defamatory material.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, harmful or otherwise objectionable, or that violates these Terms.

You are solely responsible for the Feedback you provide and its accuracy. To the maximum extent permitted by law, we take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 13: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, offers, delivery charges, transit times, availability or other information.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information on the Services is inaccurate, including after you have submitted an order.

If we cancel an order after payment because of an error, inaccuracy or omission, we will refund the amount paid for the cancelled item or order in accordance with applicable law.

SECTION 14: PROHIBITED USES

You may access and use the Services for lawful purposes only. You must not access or use the Services, directly or indirectly:

1. for any unlawful, fraudulent, harmful or malicious purpose;
2. to violate any international, federal, state, territory, local or other applicable law, regulation, rule or ordinance;
3. to infringe our intellectual property rights or the intellectual property rights of others;
4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any person;
5. to transmit false, misleading or deceptive information;
6. to upload, download, send, receive, use or reuse any material that does not comply with these Terms;
7. to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;
8. to impersonate or attempt to impersonate any person or entity;
9. to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services;
10. to engage in conduct that may harm Zeknova Drift Australia, Shopify, our customers, users or third parties, or expose them to liability.

You also agree not to:

1. upload or transmit viruses, malware or other harmful code;
2. reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorisation;
3. collect or track the personal information of others;
4. spam, phish, pharm, pretext or otherwise misuse the Services;
5. use any robot, spider, scraper, crawler, data gathering tool, extraction tool, automated process, AI tool, agentic AI system or similar technology to access the Services without our prior written permission;
6. interfere with, bypass or circumvent security features, authorisation features, robot exclusion headers or other measures we use to restrict or control access to the Services.

We may suspend, disable or terminate your account or access to the Services if we reasonably determine that you have violated these Terms or applicable law.

SECTION 15: AGENTS AND AUTOMATED ACCESS

This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software, system, bot, crawler, scraper, AI tool, automated service or similar technology that takes autonomous or semi autonomous action on behalf of, or at the instruction of, any person or entity.

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with these Terms and any instructions we provide.

We may limit, restrict, block or control whether and how any Agent accesses, uses or interacts with the Services.

Agents must:

1. clearly identify that the request is from an Agent and disclose the name of the Agent in all HTTP or HTTPS requests;
2. not conceal, disguise or obfuscate that access or interaction is from an Agent;
3. not mimic human behaviour or interaction patterns to avoid detection;
4. not complete or circumvent CAPTCHAs or other measures intended to distinguish human use from automated use;
5. respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer;
6. not circumvent or avoid any measure intended to block, limit, modify or control access to the Services.

SECTION 16: TERMINATION

We may terminate these Terms or your access to the Services, or any part of them, if we reasonably determine that you have breached these Terms, violated applicable law, created risk for us or others, engaged in fraudulent or harmful conduct, or otherwise used the Services improperly.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Australian Consumer Law, Intellectual Property, Motorsport, Off Road and Public Road Use, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, suitability or usefulness of this information except to the extent required by law. Any reliance you place on such information is at your own risk.

To the maximum extent permitted by law, and except as expressly stated by Zeknova Drift Australia or required by the Australian Consumer Law, the Services and products offered through the Services are provided "as is" and "as available", without any representation, warranty or condition of any kind, whether express, implied, statutory or otherwise.

To the maximum extent permitted by law, we disclaim all implied warranties and conditions, including any implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non infringement, except to the extent such warranties or conditions cannot be excluded under the Australian Consumer Law or other applicable law.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error free.

We do not guarantee, represent or warrant that any product will be suitable for motorsport, drift, track, off road, public road, competition, modified vehicle or specialist use unless expressly stated in writing and subject always to your responsibility to confirm fitment, legality, safety and suitability for your specific vehicle, location and intended use.

Nothing in this section excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

SECTION 18: LIMITATION OF LIABILITY

To the maximum extent permitted by law, Zeknova Drift Australia, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, Shopify and Shopify's affiliates will not be liable for any injury, death, loss, claim, damage, cost or expense of any kind, including direct, indirect, incidental, punitive, special or consequential damages, lost profits, lost revenue, lost savings, loss of data, replacement costs, vehicle damage, property damage, towing costs, mechanical costs, event costs, insurance consequences, defect notices, fines, penalties or similar damages arising from or connected with:

1. your use of, or inability to use, the Services;
2. your purchase, installation, fitting, maintenance, storage, modification, selection, use or misuse of any product;
3. motorsport, drift, race, track, off road, competition, burnout, performance driving or modified vehicle use;
4. public road use of a product that is not legal, suitable, approved or roadworthy for that use;
5. any driving incident, collision, crash, loss of control, tyre failure, puncture, blowout, road hazard, impact damage, heat damage, aggressive driving, overloading, excessive speed or illegal use;
6. incorrect fitment, incorrect tyre pressure, incorrect wheel size, incorrect vehicle setup, incorrect alignment, incorrect load rating, incorrect speed rating, improper installation or failure to obtain professional advice;
7. any error, omission or inaccuracy in content, except to the extent required by law;
8. any unauthorised access to or use of our systems or data;
9. any conduct of a third party, including carriers, fitters, mechanics, event organisers, other road users, service providers or website operators.

Where liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

Where products or services are not ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, our liability for breach of a guarantee under the Australian Consumer Law is limited, at our option, to one or more of the following:

1. for goods, replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods, payment of the cost of acquiring equivalent goods, or payment of the cost of having the goods repaired;
2. for services, supplying the services again or paying the cost of having the services supplied again.

Nothing in these Terms limits or excludes liability where it would be unlawful to do so.

SECTION 19: INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify and hold harmless Zeknova Drift Australia, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities, claims, costs and expenses, including reasonable legal costs, arising from or connected with:

1. your breach of these Terms or any policy incorporated by reference;
2. your violation of any law or the rights of a third party;
3. your access to or use of the Services;
4. your selection, installation, fitment, modification, maintenance, storage, use or misuse of any product;
5. your use of a product for motorsport, drift, race, track, off road, competition, burnout, performance driving, modified vehicle or public road use;
6. any claim by a third party arising from your conduct, vehicle, driving, installation, fitting, maintenance, storage or use of a product.

Your indemnity does not apply to the extent that the relevant loss, damage, liability, claim, cost or expense is caused by our fraud, wilful misconduct, negligence, breach of these Terms, or breach of a non excludable guarantee or obligation under applicable law.

We will notify you of any indemnifiable claim where reasonably practicable. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but we will not settle any claim requiring non monetary obligations from you without your consent, not to be unreasonably withheld. You must cooperate in the defence of indemnified claims, including by providing relevant documents and information.

SECTION 20: SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity and enforceability of the remaining provisions.

SECTION 21: WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on this website or in respect of the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services, and supersede any prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, except to the extent otherwise required by law.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

SECTION 22: ASSIGNMENT

You must not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted delegation, transfer or assignment without consent is void.

We may transfer, assign or delegate these Terms and our rights and obligations to another person or entity where reasonably necessary in connection with a business sale, restructure, merger, acquisition, transfer of assets, change of control, legal requirement or operational change, subject to applicable law.

SECTION 23: GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

You and Zeknova Drift Australia submit to the non exclusive jurisdiction of the courts of New South Wales, Australia and any courts entitled to hear appeals from those courts.

SECTION 24: CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms by posting updates and changes to our website. We will notify you of material changes where required by law.

The updated Terms will apply from the date they are posted or from any later date stated in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes, except where further notice or consent is required by law.

SECTION 25: CONTACT INFORMATION

Questions about these Terms should be sent to us at info@zeknovadriftaustralia.com.

Our contact information is:

Legal entity name: Zeknova Drift Australia Pty Ltd

Trading name: Zeknova Drift Australia

ABN: 87 698 257 519