Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to TUS Offroad! The terms "we", "us" and "our" refer to TUS & TR Pty Ltd (ACN 680 909 102) trading as TUS Offroad ("TUS Offroad"). TUS Offroad operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). TUS Offroad is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with 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 of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded or limited.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region, on a case-by-case basis.
Unless specifically stated on the product page, all products relating to wheels and suspension supplied by TUS Offroad are intended for off-road use only. Rules and regulations for road-registered and off-road vehicle modifications vary from state to state within Australia — it is your responsibility to check the relevant regulations for your jurisdiction before fitting or using any product.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TUS Offroad reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TUS Offroad confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as TUS Offroad may be unable to accommodate cancellation requests after an order is accepted. Where we do not accept, make a change to, or cancel an order, we will attempt to notify you using the e-mail, billing address, and/or phone number provided at the time the order was made.
You must inspect all products upon delivery and notify us at support@tusoffroad.com.au within 48 hours of delivery of any alleged defect, together with your invoice number, a description of the issue, and photographic evidence. Products will otherwise be deemed accepted, subject to any warranty claim or your rights under the Australian Consumer Law. Minor variations in colour, grain, or finish between products are normal for manufactured aluminium and steel goods and are not considered defects.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal, business or household use and not for resupply or export without our prior written consent.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices include GST but exclude shipping, handling, customs, or import charges, which are shown separately and included in your order total at checkout.
If we discover a pricing error on an order you've placed, we will contact you to reconfirm the order at the correct price or to cancel it. If we're unable to reach you, we'll treat the order as cancelled and refund any payment already made, less a restocking fee of $200 for orders over $2,000, or 10% for orders under $2,000, except where the return is required under the Australian Consumer Law.
Prices posted in our online store may differ from prices offered in-store at our Epping showroom, or in stores operated by third parties. We may offer promotions from time to time that are governed by their own terms; where those terms conflict with these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information (including your email address and payment details) so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the nominated payment method, (iii) charges incurred by you will be honoured by your card issuer or payment provider, and (iv) you will pay all charges incurred at the posted prices, including shipping and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Delivery options and estimated timeframes are displayed on our website and are subject to change. Our Metro delivery radius is 30km from our Epping, Victoria workshop; the delivery price shown at checkout applies within this radius. If your delivery address is outside this radius, we will contact you directly to confirm delivery pricing before your order is dispatched.
All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather, or other events outside our control. Once a product is handed to the carrier, risk in the goods passes to you, though we will assist with any claim for loss or damage in transit where reasonably possible.
For full details on warranty coverage, change-of-mind returns, and consumer guarantees, see our Warranty & Returns Policy [LINK].
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by TUS Offroad, its affiliates or licensors and are protected by Australian and international copyright, trademark 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 of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of TUS Offroad, Shopify or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted here are reserved by TUS Offroad.
TUS Offroad's names, logos, product and service names, designs, and slogans are trademarks of TUS Offroad or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
The names of vehicle manufacturers, specific models, and trim levels referenced on this website are registered trademarks of their respective owners. TUS Offroad is not affiliated with these manufacturers, and any mention of these names on our Services is solely for identification purposes.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may, in the future, offer new features through the Services (including new tools and resources). Such new features are also deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review the third party's own policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
TUS Offroad is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with TUS Offroad. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TUS Offroad, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TUS Offroad.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
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 for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in other countries, in order to provide services to you. Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use this Feedback to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations under these Terms of Service.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or which violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, or other proprietary rights, and will not contain unlawful, abusive, or obscene content, or any virus or malware. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any Commonwealth, state, or local law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any unsolicited advertising or promotional material, including spam; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TUS Offroad, Shopify, or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraping, data-gathering tool, AI tool (such as agentic AI), or automated or manual means to access the Services other than as permitted under Section 14; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
SECTION 14 - AGENTS
This section ("Agent Terms") 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 or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on a person's behalf or device without direct supervision.
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements below. No Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behaviour or completing/circumventing CAPTCHAs; (iii) respond truthfully to any question or prompt seeking to determine if interactions are from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.
Except as expressly stated by TUS Offroad, and to the extent permitted by law, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in this section excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall TUS Offroad, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of any of the Services or any products procured using the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
Where any legislation implies a term, condition, warranty or guarantee into these Terms or into a contract of sale between TUS Offroad and you that cannot lawfully be excluded, our liability for breach of that term is limited, at our option and to the extent permitted by law, to: (a) for goods — the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of doing any of these things; or (b) for services — the supplying of the services again, or the payment of the cost of having the services supplied again.
You agree to indemnify and hold harmless TUS Offroad, its directors, officers, employees and affiliates from any loss, injury or damage arising from modification or alteration of a product, use of a product other than in accordance with our instructions or applicable law, or the fitting of a tray in place of a factory tub where this affects vehicle systems such as blind-spot monitoring. Modifying your vehicle may impact your insurance; TUS Offroad accepts no liability where an insurer declines a claim due to modifications.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TUS Offroad, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of Victoria, Australia. You and TUS Offroad submit to the exclusive jurisdiction of the courts of Victoria, Australia in respect of any dispute or claim arising out of or in connection with these Terms.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@tusoffroad.com.au.
Our contact information:
TUS & TR Pty Ltd trading as TUS Offroad
support@tusoffroad.com.au
199 O'Herns Rd, Epping VIC 3076, Australia
+61 3 9000 0933
ACN 680 909 102
ABN [INSERT ABN]