Welcome to the website of Ausifuturetech Australia Pty Ltd trading as “Australia Hoverboards” (ABN 17 625 316 618) (“we”, “us” or the “Company”), an importer and online retailer of motorised transportation vehicles.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Company during the registration process.
You must promptly update this information to maintain its accuracy at all times. You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights. Multiple accounts and automated account opening One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted. Approval of registrations The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
- refuse to provide products to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.
The Company reserves the right to change the prices for products displayed in this site at any time before you place an order. Shipping costs Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout. GST Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).
- represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
Copyright claims If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.
- temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
Indemnity You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
- in the case of goods, to any of the following:
- 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; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Use of Goods
Some general terms and conditions applicable to the goods are:
1. the goods are not an alternative mode of transportation. The goods are intended for recreational purposes only;
2. you must replace the charging device every 6 months, and only use original or approved charging devices;
3. you must not store the goods anywhere that is above room temperature of 25 degrees Celsius;
4. you must follow all product manuals and advice warnings distributed with the goods at all times;
5. you must not allow children under the age of 16 years to use the goods without supervision of an adult. Many of the goods available have a recommended minimum weight of 25kg;
6. you must not use the goods while intoxicated or under the influence of any mind-altering substances;
7. you must use the carry bag provided to lift and transport the hoverboard; carry bags are provided free of cost inside the packaging of all hoverboards.
8. you must only use the goods when it is safe to do so, with regard to your physical fitness, the weather and any water in the area, and any other factors that may affect you or the goods; and
9. you must only use the goods on your private property or private property which you have permission from the owner to access;
10. we recommend you practice indoors before using the goods outside, on a flat carpet with sufficient open space around you, and avoid at all times using the goods in any uneven, rocky, wet or unsealed terrain; and
11. you must at all times wear appropriate safety gear including knee and elbow guards and a helmet which are consistent with Australian Consumer Law safety standards including the helmet retention system, projections, testing and performance requirements, safety markings and instructions for use.
Australia Hoverboards warrants that the goods will be fit for purpose and are of merchantable quality for a period of one year from the date of purchase. These warranties do not cover goods that are listed as refurbished or used, any damage to the goods caused by your misuse or failure to take reasonable care, or any goods that have been opened, repaired or modified by you or a third party. Returns Policy Notwithstanding the ‘Remedies Limited’ clause above, the Company has a Returns Policy which allows for limited returns at the Company’s sole discretion. You agree that the Company is not bound by this Return Policy and may vary or decline to abide by it at any time and for any reason whatsoever.
- (Proof of Purchase) As a condition precedent to us considering any refund or exchange, you must be able to provide valid proof of purchase of the goods you seek to return or exchange.
- (Change of mind returns) Generally, we do not accept change of mind returns. However, we may consider accepting returns in our absolute discretion, subject to your payment of up to $100 in administration fees to account for the services we will need to perform to accommodate your change of mind return, as well as shipping costs. Change of mind returns will only be issued if:
- the goods are new, unused and in their original packaging (Original Condition);
- the goods are returned within 10 business days of you receiving the goods; and
- we agree, in our absolute discretion, in writing to accept return of the goods.
- (Faulty products) The following process applies to any goods you believe to be faulty.
- If you believe your goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images).
- (Assessment of fault) If we determine that your goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.
- (Not faulty) If we determine in our reasonable opinion that the product is not faulty, or the fault is due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return. In this instance, you may ask us to repair the goods at your cost.
- (Faulty) If we determine that the goods are faulty during the warranty period excepting fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, we will endeavour to repair the faulty goods for you at our cost. If the faulty goods cannot be repaired, we will replace the goods at our cost, or provide you with a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause in respect of faulty goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty goods.
- Nothing in this clause is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law (including the Competition and Consumer Act 2010 (Cth).
- If at all the refunds are agreed, the customer must send the goods back to our warehouse at their own cost. Refunds will be issued only after investigating the returned products.
- (Timeframe) All requests for refunds or exchanges must be made within 10 business days from the date of receiving the goods, except where the goods are faulty.
- (Subcontracts) We may subcontract any repair work to be performed under these Terms without notice to you.
- (Damage in Transit) Claims for loss or damage to goods in transit must be made against the carrier.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.