Terms and Conditions

CLICK BELOW TO VIEW RELEVANT TERMS & CONDITIONS

• 4x4 Media Subscription Policy
• Website Terms of Use
• 2024 Maxxis Ultimate driving experience
• 2024 4x4 Australia Custom 4x4 of the Year

4x4 Media Subscription Policy

SUBSCRIPTION BUNDLES

Subscription bundles (4x4 Media magazine subscriptions and merchandise sold together) are to be sent to one address only – they cannot be split between two or more addresses.

Subscription bundles are available with one-year subscriptions only.

Merchandise will be sent separately from the 4x4 Media magazine.

4x4 MEDIA MAGAZINE

4x4 Media is a monthly magazine. 4x4 Media Publishing Ltd reserves the right to amend publication frequencies, prices, and schedules at any time. 4x4 Media magazines are sent separately from merchandise.

DISPATCH AND DELIVERY POLICY

4x4 Media magazines purchased as a subscription are delivered on a monthly basis (once every month) to your nominated address, according to publication scheduling and the length of your subscription. All other merchandise, back issues, and other items (aside from those marked ‘pre-order’) will be dispatched within 10 working days of receipt of the order,
separately from 4x4 Media magazines. Pre-order items will have the dispatch date advised at the time of sale. Items damaged or missing during delivery will be replaced at the discretion of 4x4 Media Pty Ltd.

REFUND POLICY

To request a cancellation of a subscription, please contact our Customer Services Team:

4x4 Media
PO Box 161
HORNSBY NSW 1630

02 8227 6486
subscriptions@4x4media.com.au

Hours of Operation 9-5 NSW Business days

Refunds are in accordance with Australian consumer law and at the discretion of 4x4 Media Pty Ltd.

WHICHCAR TERMS OF USE

In these terms, "we", "us" and "our" means Are Media Pty Limited t/as Wheels Media (ABN 18 053 273 546) of Level 3, 54 Park Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your use of this website and its content, and to any associated services, products and software provided by us (collectively, “Website”). By accessing or using the Website you agree to be bound by these terms. We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted.

SECTION 1 – LICENCE TO USE CONTENT

The Website, the content posted on the Website by us and our users and the underlying software and technologies used to operate the Website are subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

We (or our licensors) retain all right, title and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

Except as provided in these terms, permission to reproduce the Website or any of its content, in whole or in part, whether by automated or manual means (including any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us.

We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

SECTION 2 – SOCIAL SIGN IN AND MEMBERSHIP

To access certain features on the Website, you may need to do any or all of the following:

(a) register as a member;

(b) sign in via your social media account; or

(c) verify that you are over 18 years old.

Your use of social sign in is subject to the terms and conditions of your account with the third-party social media service provider in addition to these terms.

To register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member username that is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances, we may require you to provide your real name or other identifying information.

In addition to registration, you may be required to verify that you are over 18 years old to access certain content on the Website. We may implement restricted access and age verification mechanisms as we deem appropriate.

SECTION 3 – DISCLAIMER

Except where expressly specified, the content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.

Without limiting any other provision of these terms, we are not responsible for, and do not endorse, the content or accuracy of any advertising or promotional material published on the Website

SECTION 4 – CONTENT YOU SUBMIT

Where requested, we encourage you to contribute to the Website by submitting comments, participating in the Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, “Submissions”).

You retain copyright and any other rights you hold in any Submissions. By submitting, posting or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form. You warrant to us that you have all the rights, power and authority necessary to grant such licence and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or breach any law.

You must not submit, post, display or otherwise contribute to the Website any of the following:

(a) any comment, review, message, data, information, text, music, sound, photo, graphic, code or other material (collectively, "Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or that discriminates against or vilifies any group or individual, advocates harassment of another person or would be rated R, RC or X by the Australian Classification Board;

(b) Content that may infringe any trade secret or Intellectual Property Rights of any person;

(c) Content that impersonates any person or otherwise misrepresents your affiliation with a person, including us;

(d) unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);

(e) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or

(f) private information of any third-party, including surname (family name), address, phone number, email address and credit card details.

By using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and, in this respect, you use the Website at your own risk. We may pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.

You must abide by any community guidelines which may be posted on the Website by us.

Each user of the Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.

SECTION 5 – LINKING TO THE WEBSITE

We encourage you to provide links to the Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

You must not frame the Website or represent or imply that any part of the Website belongs to anyone other than us.

If we notify you that we object to the way you provide links to the Website, you must immediately cease providing such links.

SECTION 6 – GENERAL RESTRICTIONS

In using the Website, you must not:

(a) violate any laws;

(b) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any device or software;

(c) disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);

(d) collect or store personal data about other users of the Website;

(e) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the Website.

SECTION 7 – E-COMMERCE

We may offer products or services for sale through the Website. Prices for such products or services are subject to change without notice.

Certain products or services may be available exclusively through the Website. Certain products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of products that appear on the Website. We cannot guarantee that your device’s display of any color will be accurate.

We may limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We may discontinue any product or service at any time. Any offer for any product or service made on the Website is void where that offer is prohibited.

We may refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You must provide current, complete and accurate purchase and account information for all purchases made through the Website. You must promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

SECTION 8 – WARRANTIES AND INDEMNITY

You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR

(B) YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THESE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:

(a) in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or

(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD-PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.

The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third-party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third-party.

We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your device.

SECTION 9 – CHANGES TO THE WEBSITE

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

SECTION 10 – LINKS AND ADVERTISEMENTS

Where you enter information into a form on the Website for the purposes of receiving services or information from a third-party, we may receive a copy of that information from the relevant third-party. We may also receive a benefit from that third-party in relation to their collection of your information. We are not responsible for, and do not endorse, the content or accuracy of services or information you may receive from the relevant third-party, and we have no responsibility to you in relation to any agreement you may enter into with them.

We may participate in affiliate advertising programs – including the Amazon Services LLC Associates Program – that provide an opportunity for us to earn a commission when you click on links on the Website to third-party products and services.

The Website may contain links to websites operated by third-parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website. You should contact the relevant third-party if you have any questions.

In some instances, advertisements on the Website will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.

Where the Website includes third-party products or services available for purchase, the prices and descriptions are the responsibility of the retailer.

SECTION 11 – PRIVACY POLICY

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy, which can be viewed at https://www.aremedia.com.au/privacy/ and which forms a part of these terms.

SECTION 12 – GENERAL

If any part of these terms is:

(a) held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

(b) inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.

Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

The word “including” when used in these terms is not a term of limitation.

2024 MAXXIS ULTIMATE DRIVING EXPERIENCE

("Promotion")

Terms and Conditions

1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.

Entry

2. The Promotion commences on June 1st 2024 at 9:00 am and ends at 11.59PM AEST on June 30th 2024 (“Promotional Period”).

3. Entry is open to Australian and New Zealand residents. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.

4. To enter online: You can enter by going to www.whichcar.com.au/maxxis-comp and following the prompts to the competition entry page. At the competition entry page, you submit an online entry by completing the entry form (including your full name, email address, residential state, daytime telephone number and answer a short question) and submitting the entry as instructed during the Promotional Period.

5. Entrants under the age of 18 must have parent or legal guardian approval to enter.

6. Only one entry per person will be permitted.

7. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; or (f) unlawful. Any such entry will be ineligible and will be discarded. Any entry that the Promoter deems otherwise inappropriate will be ineligible and will be discarded.

8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

9. The Promoter is not responsible or liable for late, lost or misdirected mail enclosing an entry, or an entry not being received by the Promoter for any reason whatsoever.

10. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.

Draw and award of prize

11. The draw will take place at Wheels Media, Unit 9, 3-5 Gilda Court, Mulgrave VIC 3170 on 4th July 2024 at 11:00am AEST.

12. On the draw date, the Promoter will conduct a random draw to determine the winner(s) from valid entries. The Promoter will also draw reserve winners in the event an original drawn winner is invalid or ineligible. If this process does not result in all prizes being awarded, the remaining prize(s) will be awarded in the unclaimed prize draw as set out below.

13. The first valid entry drawn from all valid entries received will win the following prize(s):

1 x Maxxis tyres voucher up to the value of $2,000 inc. GST (‘maximum prize value’)

AND

1 x Fast-track driving experience voucher value of $1,000

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD $3,000 (including GST).

14. Only one prize will be awarded per person.

15. The winner will be notified by telephone and in writing within 7 business days of the draw using the contact details provided in their entry. The winner’s name will be published on WhichCar.com.au on July 11th 2024.

16. The winner must take the prize as offered. The prize, or any unused portion of the prize, is not exchangeable and cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer.

17. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on the winner’s behalf. It is the responsibility of the winner’s parent or legal guardian to prove their parental or guardianship status at the time of winner notification. If a person incorrectly represents themselves to be a winner’s parent or legal guardian, that person will be liable for all costs associated with re-delivering or re-awarding the prize (including but not limited to any administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking directions that relate to any ongoing family law negotiations or determinations. These are the responsibility of the winner and their respective parent or legal guardian.

18. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

19. If a prize, or part of a prize, is unavailable, the Promoter may substitute an alternative prize to substantially the same recommended retail value and/or specification, subject to any written direction from the various regulatory authorities.

20. If necessary, an unclaimed prize draw will be held on October 4th 2024, at the same time and place as the original draw in order to distribute any unclaimed prize(s), subject to any directions from a regulatory authority. A winner from this draw, if any, will be notified in writing using the contact details provided in their entry within 7 business days of the unclaimed prize draw and their name will be published on WhichCar.com.au for 28 days.

Prizes

21. The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.

22. The prize does not include any installation or set-up of any of the products.

23. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.

24. The prize is subject to the standard terms and conditions of individual prize and service providers.

25. With regards to the prize “Maxxis tyres up to the value of $2,000 inc. GST”:

1. Your prize does not include rims or wheels, fitting, alignment or balancing.
2. Your prize is redeemable at a mutually agreed Maxxis dealer within Australia.
3. You will be responsible for transporting your vehicle to the agreed Maxxis dealer to which the tyres are to be fitted, and any costs associated.
4. Your prize or any unused portion, is not transferable, non-refundable or exchangeable and not redeemable for cash.
5. Your actual prize value will be based on the normal retail price of the Maxxis tyres selected by you and shall exclude any special or promotional pricing that may apply to those tyres at the time your redeem your prize.
6. To the extent that the total value of the Maxxis tyres redeemed, calculated in accordance with these conditions, is less than the maximum prize value, your actual prize value shall be deemed to be the total value of the Maxxis tyres redeemed.
7. Your prize can only be redeemed once i.e. in a single transaction and must be redeemed by July 4th 2025.

26. The winner will be contacted by Wheels Media via email within seven (7) business days of the draw and will give notice as to when the voucher will be received. If the winner tries to contact Maxxis or Fast-track driving experience regarding the voucher they may risk losing the prize pack.

General

27. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.

28. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may, subject to relevant state and territory rules and regulations, cancel, terminate, modify or suspend the Promotion.

29. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.

30. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.

31. The Promoter collects personal information (“PI”) to conduct the Promotion and may disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry in the Promotion is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which is available at http://www.aremedia.com.au/privacy. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may also, for an indefinite period, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. For New Zealand entrants, under the Privacy Act 1993, you have the right to access and request the correction of any PI held by the Promoter. You should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of you PI as set out in the Promoter’s privacy policy. All entries become the property of the Promoter.

32. The Promoter in Australia is Are Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000) and in New Zealand is Are Media Limited (8042050) of Level 1, 317 New North Road, Kingsland, Auckland City 1021.

33. Authorised under permit number: TP 22/01359.

2024 4X4 AUSTRALIA CUSTOM 4X4 OF THE YEAR

Commences 5 October 2024. Ends 23:59 AEDST on 8 November 2024. Open to AU residents 18+. Only one entry per person. Drawn at 4x4 Media, Sydney at 11:00 AEDST on November 1, 2024. Prizes: Maxxis Tyre Voucher for winning Vehicle - $2000 + Maxxis Tyre Voucher for winning online entrant - $1000 (including GST).