Terms of service

OVERVIEW

This website is operated by Pushin' Momentum. Throughout the site, the terms “we”, “us” and “our” refer to Pushin' Momentum. Pushin' Momentum offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools added to the current store will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e‑commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

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 are the age of majority and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, road-use, vehicle compliance or safety laws).

You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.

We may modify the contents of this site at any time, but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit quantities. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Fitment and Use:
All wheel, tyre, suspension and performance parts must be installed and used by competent persons. Fitment data (PCD, offset, load rating, etc.) is supplied as guidance only and assumes an unmodified vehicle unless otherwise specified. You are responsible for checking local regulations and physical clearances (brakes, guards, suspension, steering, etc.) before use.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same account, the same credit card, and/or that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the email, billing address or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your information (including email address and payment details) so we can complete your transactions and contact you as needed.

For more details, please review our Return and Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third‑party tools which we do not monitor or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third‑party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third‑party providers.

SECTION 8 – THIRD‑PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third‑party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third‑party materials or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third‑party websites. Please review the third party’s policies before engaging in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans or other materials (collectively “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to: (1) maintain comments in confidence; (2) pay compensation for comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any rights of any third party and will not contain unlawful, abusive or obscene material or malware. You may not use a false email address or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service is inaccurate at any time, without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set out in the Terms, you are prohibited from using the site or any products purchased from us:

(a) for any unlawful purpose;
(b) to violate any applicable laws or regulations (including vehicle safety, registration, engineering compliance or road‑worthiness laws);
(c) to infringe upon our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(e) to submit false or misleading information;
(f) to upload or transmit malware;
(g) to collect or track the personal information of others;
(h) to spam or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or bypass security features of the Service.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error‑free, or that the results will be accurate or reliable.

You expressly agree that your use of the Service and of any products purchased is at your sole risk. Except as required by law or expressly stated by us, the Service and all products are provided “as is” and “as available” without any warranty of any kind, express or implied.

To the maximum extent permitted by law, Pushin' Momentum, our directors, officers, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for any indirect, incidental, punitive, special or consequential damages (including loss of profits, revenue, data or use) arising from your use of any product or the Service, including but not limited to damage resulting from incorrect installation, misuse, competition use, or operation of a vehicle outside manufacturer specifications.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded. Where our liability cannot be excluded but can be limited, it is limited to (at our option) replacement of the goods, repair of the goods, or refund of the purchase price.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pushin' Momentum and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of these Terms or your violation of any law or third‑party rights, or arising from your installation, use or misuse of our products.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site and notifying us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements (including prior versions of the Terms of Service).

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

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the non‑exclusive jurisdiction of the courts of New South Wales.

SECTION 19 – MOTORSPORT / OFF‑ROAD / PRIVATE USE DISCLAIMER

Our products (including rims, suspension and performance parts) may be advertised or suitable for off‑road, track or motorsport use. Unless specifically stated otherwise, they are not certified for road use or engineering compliance. It is your responsibility to ensure your vehicle remains legal and roadworthy in your jurisdiction.

Installation and use of our products on public roads, race tracks or private property is entirely at your own risk. Pushin' Momentum is not liable for fines, vehicle defects, accidents, injuries or damages resulting from how or where you choose to use your vehicle.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting changes on our website. Your continued use of or access to the website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at pushinmomentum@gmail.com