© Forcite Helmet Systems Pty Ltd.

Policy

Thank you for purchasing a Forcite helmet and / or any Forcite branded or supplied accessories (the Product). Our website or application and other services related to the Products (together, our Platform) Our Platform is owned and operated by Forcite Helmet Systems Pty Ltd (ABN 79 165 647 183). By using our Products and/or accessing our Platform, you agree to these Terms and Conditions (Terms), and you also acknowledge that you have read and agree to our Privacy Policy (available at forcitehelmets.com/en-us/privacy/). You should review our Privacy Policy and these Terms carefully and immediately cease using our Products and our Platform if you do not agree to these Terms.

In these Terms, 'Forcite', 'us', 'we' and 'our' means Forcite Helmet Systems Pty Ltd (ABN 79 165 647 183) and our related bodies corporate.

Registration and purchasing

You may register as a member to access certain features of our Platform and make orders of our Products through the Platform.

When you register and activate your account (or purchase our Products), you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

If you wish to remain anonymous, for example when writing reviews, we recommend that you use a user name that is not your full legal name.

If you are under the age of 16 years, you must not create an account, register as a member or purchase our Products. If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

  • exercise supervision over the Minor's use of their account and our Platform;

  • assume all risks associated with the Minor's use of their account and our Platform, including the transmission of content or information to and from third parties via the internet;

  • ensure that the content and information that the Minor may encounter on our Platform are suitable for the Minor;

  • assume any liabilities resulting from the Minor's use of our Platform and their account, or otherwise in connection with these Terms or use of our products;

  • ensure the accuracy and truthfulness of all information submitted by the Minor; and

  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Platform and your account on this basis.

Collection Notice

We collect personal information about you in order to provide you with use of our Platform, to supply you with our Products and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products or services to you or be able to provide you with access to our Platform.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any such complaint. If you would like any further information about our Privacy Policy or practices you can get in touch with us at support@forcite.com.au.

Your Consent

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and the detailed Terms and Conditions (available at https://www.forcitehelmets.com/terms-and-conditions/).

Title And Risk

Title and risk in the products you order, such as loss or damage, passes to you upon delivery.

Unacceptable Activity

You must always use our Products in a safe manner, and ride vigilantly and according to road conditions and in accordance with traffic laws. You must not submit any content, including traffic or location updates, to our Platform while operating any vehicle. You must only submit content to our Platform after you have stopped your vehicle in an appropriate location as permitted by law.

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platform or Products, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals or of us;

  • using our Platform to defame or libel us, our employees or other individuals;

  • uploading files that contain viruses that may cause damage to our property or the property of other individuals; or

posting or transmitting to this Platform any non - authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is detrimental to our systems or a third party's systems or network security.

If we allow you to post any information to our Platform, we have the right to take down this information at our sole discretion and without notice.

You must not interfere with, duplicate, disassemble, decompile, reverse engineer, modify, create derivative works, or otherwise change any of our products or the Platform.

Your Statutory Guarantees

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and

  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Statutory guarantees under the Australian Consumer Law are in addition to any voluntary warranties offered by Forcite in the section below titled 'Product Warranty'. Nothing in these Terms affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees.

Product Warranty

Forcite warrants that your device and Forcite branded accessories shall, as of the date of delivery, be free from material defects for a period of two (2) years. (The date of delivery is considered the date that our delivery service has recorded delivering your Forcite product as per delivery tracking, not any other date.)

This warranty applies in addition to any rights and remedies you may have under Australian Consumer Law. Nothing in this warranty purports to modify or exclude the conditions, guarantees and other legal rights, under the Australian Consumer Law. This warranty is subject to the exclusions, terms and conditions below.

To be eligible for warranty service, you must contact the Forcite customer support team. Forcite's contact details are as follows:

  • Telephone number: +1 (234) 516-3542

  • Email address: support@forcite.com.au

  • Business address: Gate C, AMIP Building 2 Peter Brock Drive, Eastern Creek NSW 2766, Australia . (Contact our support team if your helmet purchase was not made through retail. A local return address will be provided by a Forcite support agent.)

All warranty claims should be directed to the Forcite customer support team. In order to make a claim, you must provide the customer support team with the following information:

  • details of the defect or damage to which the claim relates (including the date on which the defect/damage occurred);

  • photographic evidence of the defect or damage (where possible);

  • proof of purchase;

  • any other details we may need to process your claim.

Once the customer support team has confirmed you are entitled to make a claim under this warranty, you will be asked to send the faulty Products to Forcite's business address for further assessment. You are responsible for any postage costs incurred in returning the Products to Forcite. You will be notified of the outcome of our warranty assessment via email.

If any returned Products are found to be covered by the warranty, Forcite will repair or replace the Products (or part of them). Forcite will bear all costs associated with the repair and replacement of a Product under an approved warranty claim, including all reasonable postage costs in returning the repaired or replaced Product to you and reimburse all reasonable postage costs you incurred in returning the Products to Forcite. Please contact our customer support team at support@forcite.com.au to discuss postage costs.

If any returned Products are found to be in good working order, the Products can be returned to you at your expense. Please contact our customer support team at support@forcite.com.au to discuss return postage costs. Unclaimed returned Products will be stored for 10 business days after we notified you of the outcome of our warranty assessment and will be disposed of if not collected.

This warranty does not apply to any Products that have been subject to any accident, misuse, abuse (intentional or otherwise), negligence, tampering, modifications or improper maintenance. In addition, paints used in certain models of Forcite helmets are not covered by this Warranty and may fade or degrade with the passage of time and the exposure of the helmet to the environmental elements.

Internal liners, padding, straps, visors and parts are considered as perishable items and are not covered under warranty, unless in a very rare circumstance that it falls under a manufacturing fault.

Returns And Refunds

We do not offer refunds or exchanges because you have changed your mind or you have made an error in finalising your order (such as choosing an incorrect size, colour, model or style).

Subject to your statutory guarantees, we will not refund a purchase or replace a Product where in our reasonable opinion the Product has, following delivery to you, become of unacceptable quality due to misuse, failure to use in accordance with manufacturer's instructions, abnormal use or a failure to take reasonable care.

If you have any questions about your Product, please contact us at support@forcite.com.au.

Where applicable, refunds will be issued using the payment method used for purchase.

Disclaimers

Motorcycling is an intrinsically dangerous activity that may result in injury and/or death. Our Products are designed to offer comfort and increased safety, but no Product can offer total protection against injury or damage of any kind to people or to property in the event of a collision, impact, fall, loss of control or any other type of accident. All motorcyclists and passengers must acknowledge any potential risks involved in motorcycling and decide whether such risks should be taken or not.

If you have epilepsy, vision impairment, chronic headaches, deafness, or any other medical condition or circumstances that could affect your concentration while on the road: DO NOT USE OUR PRODUCTS. It is solely your responsibility to determine if our Products are safe to use based on your personal circumstances (including by seeking medical advice if necessary).

It is solely your responsibility to determine if you can lawfully use our Products (and features thereof, including speaker systems, device interoperability, lights and visual displays, etc.) in your particular jurisdiction and with your particular class or level of a vehicle licence. We expressly disclaim all liability associated with any use by you of our Products in a manner that is contrary to applicable laws.

Subject to the requirements under the Australian Consumer Law set out in the sections above titled 'YOUR STATUTORY GUARANTEES' and 'PRODUCT WARRANTY', all our Products are provided "as is", without any other warranties or representations or guarantees of any kind, either express or implied.

Subject to the Australian Consumer Law, we and our directors, officers, shareholders, employees, affiliates, agents, contractors and licensors will not be liable for any direct, incidental, special, punitive or consequential damages arising from the use of our products or for any other claim related in any way to the use of our Products. Some jurisdictions do not allow for the exclusion or limitation of liability for certain types of damages, and so in such jurisdictions, our liability shall be limited to the extent it is permitted by law.

Jurisdiction And Governing Law

Your use of our Products, the Platform and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Certification And Safety Approvals

FCC Compliance Statement

This device complies with part 15 of the FCC rules. Operation is subject to the following two conditions:

  1. This device may not cause harmful interference; and

  2. This device must accept any interference received, including interference that may cause undesired operation.

This equipment has been tested and found to comply with the limits for a Class B digital device pursuant to part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment on and off, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antennae.

  • Increase the separation between the equipment and the receiver.

  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.

  • Consult the dealer or an experienced radio/TV technician for help.

FCC RF Exposure Statement

This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. End users must follow the specific operating instructions for satisfying RF exposure compliance. The antenna used for this transmitter must not transmit simultaneously with any other antenna or transmitter, except in accordance with FCC multi-transmitter product procedures.

FCC Caution

Any changes or modifications to the equipment not expressly approved by the party responsible for compliance could void user’s authority to operate the equipment.

CE Declaration of Conformity

This product is CE marked according to the provisions of the Radio Equipment Directive (2014/53/EU). Hereby, Forcite declares that this product is in compliance with Directive 2014/53/EU. For further information, please consult www.forcitehelmets.com.

This device can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum

  • Product: MK1S

  • Model: MK1S

  • RF Range for Bluetooth: 20 Meters

  • Max Output Power (E.I.R.P.) for Bluetooth: +10dBm

Bluetooth License

The Bluetooth® word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Forcite is under license. Other trademarks and trade names are those of their respective owners. This product is compliant with and adopts the Bluetooth® Specification 5.0 and has successfully passed all interoperability tests that are specified in the Bluetooth® specification. However, interoperability between the device and other Bluetooth®-enabled products is not guaranteed.

WEEE (Waste Electrical and Electronic Equipment)

The crossed-out wheel bin symbol on the product, literature, or packaging reminds you that all electrical and electronic products, batteries, and accumulators must be taken to separate collection at the end of their working life. This requirement applies to the European Union and other locations where separate collection systems are available. To prevent possible harm to the environment or human health from uncontrolled waste disposal, please do not dispose of these products as unsorted municipal waste, but hand them in at an unofficial collection point for recycling.

Helmet ECE Certification

This product conforms to the ECE 22.05 (Europe) helmet safety standards as defined by the Economic Commission for Europe. This certification applies to all countries of the European Union and all countries that recognize the ECE standard. The type approval label can be affixed to the retention system (regulation ECE 22.05 adopted in Europe and some other non-European States). Do not remove or attempt to remove the type approval label from the helmet. Do not affix type approval labels of unknown origin to the helmet. These are more than likely counterfeit labels. It is against the law to affix counterfeit labels to helmets. If you are in any doubt over the origin of the type approval label affixed to your helmet, contact Forcite directly, and not your dealer.

Helmet DOT Certification

This product conforms to the DOT FMVSS 218 (US) helmet safety standards as defined by the United States Department of Transportation Motor Vehicle Safety Standard. This certification applies to the United States of America. The type approval label can be affixed permanently to the outside of the helmet (United States, Argentina, Australia and others). Do not remove or attempt to remove the type approval label from the helmet.

Do not affix type approval labels of unknown origin to the helmet. These are more than likely counterfeit labels. It is against the law to affix counterfeit labels to helmets. If you are in any doubt over the origin of the type approval label affixed to your helmet, contact Forcite directly, and not your dealer.

Safety Precautions

Please ensure that the product is properly used by observing the safety precautions below to prevent any risk of serious injury, death and/or damage to property.

Hazard alert signal words

The following safety symbols and signal words are used in this manual.

WARNING

  • Indicates a potential hazardous situation that, if not avoided, could result in death or serious injury.

CAUTION

  • Indicates a potential hazardous situation that, if not avoided, could result in minor or moderate injury.

NOTICE

  • Indicates information considered important, but not hazard-related. If not avoided, it could cause damage to your product.

  • Notes, usage tips, or additional information

Product Use

Observe the following precautions to avoid injury or damage to your product while using the product.

WARNING

  • Motorcycling is associated with particular risks and dangers for the rider and passenger. These risks and dangers can be reduced, but not eliminated completely, by wearing a helmet. It is impossible to state precisely what the protective effect of a helmet will be in the event of an accident. Safe riding techniques, adapted to the particular road and weather conditions, are essential for your safety.

  • The full protective function of a helmet can no longer be guaranteed after an accident or impact. Like the crumple zone of a car, the impact energy of a collision is absorbed by complete or partial destruction of the structure of the outer and/or inner shell of the helmet. Because of the way helmets are designed, this damage is rarely visible from the outside. The safety helmet is designed to absorb only one impact. It is therefore essential to replace the helmet after a fall, accident, or other violent impact. For safety reasons, the old helmet should be rendered unusable.

  • No helmet provides absolute protection from all conceivable impacts. This helmet has been specially developed for motorcycle riding and is unsuitable for other purposes.

  • The helmet safety mechanism described above can also cause small cracks in the shell when the helmet is dropped from a small height (less than 1 meter).

  • Use of the product at a high volume for a long period of time may damage your eardrums or hearing ability.

  • When relevant, follow all regulations regarding the use of the camera.

  1. Do not use your camera in an aircraft, unless permitted.

  2. Turn off the camera when you are near medical equipment. Your camera can cause interference with medical devices in hospital or healthcare facilities.

  • The camera generates a low level magnetic field. Keep a safe distance between the camera and cardiac pacemakers to avoid potential interference. Turn off the camera immediately if your camera indicates interference with a pacemaker, and contact the pacemaker manufacturer or a physician.

  • Avoid interference with other electronic devices. Your camera generates a low-level magnetic field that may interfere with unsealed or improperly shielded electronic equipment in homes or vehicles. Consult the manufacturers of your electronic devices to resolve any interference problems you experience.

  • Never use a damaged memory card. This may result in electric shock, camera malfunction, or fire.

  • In any place where wireless communication is prohibited, such as hospitals or airplanes, turn off the power. In a place where wireless communication is prohibited, electromagnetic waves may cause hazards or accidents.

  • When you use the product while you operate any vehicle or equipment such as motorcycles, scooters, mopeds, ATVs, or quadbikes (hereinafter called “transportation means”), you need to follow the safety precautions provided by the manufacturer of the vehicle.

  • When you use the product, use good judgment; never use it under the influence of alcohol or drugs or when you are extremely tired.

CAUTION

  • The helmet should be replaced after 5 to 7 years depending on use and care. Although the outer shell is in principle capable of a longer service life, the occurrence of material fatigue and wear to other components, as well as the overall action of the helmet and the unknown conditions in which the helmet has been used, make it advisable for your own safety to replace the helmet after this period of use.

  • Original components (in particular on the outer shell, inner shell, and restraint system) should not be altered or removed. The fitting of additional parts from other manufacturers that have not been recommended can reduce the protective effect of the helmet.

  • Use only original parts, replacement parts, and accessories that Forcite has expressly approved for your helmet.

  • To provide adequate protection, the helmet must fit well and be securely fastened.

  • Always fasten the chinstrap before setting off and check that the fastening system and strap are correctly in position.

  • Never ride with the chinstrap unfastened or incorrectly adjusted. The chinstrap must be correctly positioned and must not come loose when pulled. The fastener is not correctly closed if the chinstrap becomes loose when pulled.

  • Any helmet that has been subjected to a violent impact should be replaced.

  • Examine the helmet for damage at regular intervals. Small scratches will not impair the protective function of your helmet.

  • If the product emits an unusual smell, feels hot, or appears abnormal in any other way while using or charging, stop using it immediately, it may cause damage, explosion, or fire. Contact your sales location if any of these problems are observed.

  • Do not use the product in any explosive atmosphere. If you are in such a location, turn off the power and heed any regulations, instructions, and signs in the area.

NOTICE

  • In some regions, it is prohibited by law to ride motorcycles while wearing headsets or earbuds. Therefore be certain you are aware of all relevant laws in the region where you are using the product and are sure that you comply with them.

  • Do not use the product in high temperatures or apply heat to the product as this may cause damage, explosion, or fire.

  • Do not use heat-damaged helmets. Heat-damaged helmets will appear to have uneven or bubbly surfaces.

  • Do not attach anything to your helmet, including mirrors or lights.

  • Keep product away from pets or small children. They may damage the product.

  • Do not cause impact to the product or touch it with sharp tools as this may damage the product.

  • Damage caused by any changes or modifications to the equipment not expressly approved by the party responsible for compliance may be excluded from warranty coverage.

  • High internal temperature may result in noisy photos. This is not a malfunction and does not affect your camera’s overall performance.

  • Check that the camera is operating properly in advance. Any file loss or camera damage caused by improper use is not covered under warranty.

Battery

  • Your product has a built-in battery. Be careful to heed all safety information in this guide. Failure to carefully observe the safety precautions can cause battery heat generation, bursting, fire, and serious personal injury.

WARNING

  • Do not use the product in direct sunlight for a long period of time. Doing so can damage the product and generate heat that can cause burns.

  • Do not use or store the product inside cars in hot weather. It may cause the battery to generate heat, rupture, or ignite.

  • Do not continue charging the battery if it does not recharge within the specified charging time. Doing so may cause the battery to become hot, explode, or ignite.

  • Do not leave the product near open flames. Do not dispose of the product in a fire. It may cause the battery to become hot, explode, or ignite and cause serious injury.

  • Never attempt to charge a battery with a charger that has been physically damaged. It may cause explosion and/or accidents.

NOTICE

  • Battery life may vary depending on conditions, environmental factors, functions of the product in use, and devices used with it.

  • Product Storage and Management

  • Take the following precautions to avoid personal injury or damage to your product while storing and maintaining the product.

CAUTION

  • Do not dispose of the product with household waste. The built-in battery is not to be disposed in municipal waste stream and requires separate collection. Disposal of the product should be done in accordance with the local regulations.

NOTICE

  • Keep the product free of dust. Dust may damage mechanical and electronic parts of the product.

  • The product should be stored at room temperature. Do not expose the product to extremely high or low temperature as this may reduce the life span of electronic devices, damage the battery, and/or melt plastic parts of the product.

  • Do not clean the product with cleaning solvents, toxic chemicals, or strong detergents, as this may damage the product.

  • Do not paint the product. Paint may obstruct moving parts or interfere with the normal operation of the product.

  • Do not drop or otherwise shock the product. It may damage the product or its internal electronic circuits.

  • Do not disassemble, repair, or modify the product as this may damage the product, and damage caused by unapproved products or services is not covered by the warranty.

  • Do not store the product in humid environments, especially for long periods of time. It may damage the internal electronic circuits.

  • Battery performance will deteriorate over time if stored for a long period of time without being used.

  • Do not store the camera in proximity to magnetic fields. Doing so may result in camera malfunction.

  • Be careful to protect the lens by avoiding rough handling or physical shock.

  • Wipe the surface of the lens with a soft cloth in the following situations:

    1. When there are fingerprints on the lens surface.

    2. When the lens is used in hot or humid environments, such as near oceans or rivers.

  • Store the product in a well-ventilated room to protect the lens from dirt and dust.

WARNINGS

FCC Warning:

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

The user is cautioned that changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.

  • Increase the separation between the equipment and receiver.

  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.

  • Consult the dealer or an experienced radio/TV technician for help.

IC Warning:

This device contains licence-exempt transmitter(s)/receiver(s) that comply with Innovation, Science and Economic Development Canada’s licence-exempt RSS(s). Operation is subject to the following two conditions:

  1. This device may not cause interference.

  2. This device must accept any interference, including interference that may cause undesired operation of the device.

  3. This Transmitter must not be co-located or operating in conjunction with any other antenna or transmitter

This equipment complies with IC RSS-102 radiation exposure limits set forth for an uncontrolled environment.

Avertissement IC :

Cet appareil contient un ou plusieurs émetteurs/récepteurs exempts de licence qui sont conformes aux CNR exempts de licences d’Innovation, Sciences et Développement économique Canada. Le fonctionnement est soumis aux deux conditions suivantes:

  1. Cet appareil ne doit pas causer d'interférences.

  2. Cet appareil doit accepter les interférences, y compris les interférences susceptibles de nuire à son fonctionnement.

  3. Cet émetteur ne doit pas être colocalisé ou fonctionner en conjonction avec une autre antenne ou un autre émetteur.

Cet équipement est conforme aux limites d'exposition aux rayonnements IC RSS-102 établies pour un environnement non contrôlé.