In these Terms, '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 make orders of our products through the Platform and to access certain features of our Platform.
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.
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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Platform. You should monitor any changes to the information contained on our Platform.
We are not liable to you or anyone else if interference with or damage to your computer systems or mobile device occurs in connection with the use of our Platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or mobile device.
We may, from time to time and without notice, change or add to our Platform (including the Terms) or the information, products or services described on it. However, we do not undertake to keep our Platform updated. We are not liable to you or anyone else if errors occur in the information on our Platform or if that information is not up-to-date.
PROMOTIONS AND COMPETITIONS
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Products displayed on our Platform do not constitute an offer to sell. It is an invitation to treat only.
Orders placed by you are offers to purchase particular products under the Terms at the price specified(including delivery and other charges).
To the extent permitted by law we reserve the right to accept or reject your offer for any reason(or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order please contact us via email@example.com.
In the event that we cancel or are unable to fulfil your order(including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law(including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price(including delivery and other charges).
Price, payment and use of discount / coupon codes
The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
Prices are current at the time of display but are subject to change.
All payments must be received in full prior to dispatch.
If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
A discount / coupon code may only be redeemed once per household for an order. These codes may not be used in conjunction with any other discounts. Only one discount / coupon code may be used per order.
TITLE AND RISK
Title and risk in the products you order, such as loss or damage, passes to you upon delivery.
SUPPLY AND DELIVERY OF PRODUCTS
Subject to these Terms, we will supply the products shown on your order confirmation.
We will use our best endeavours to meet stated timeframes for delivery, however, many factors(some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.
PRODUCTS OUT OF STOCK
We reserve the right to notify you that products for which you placed orders have become unavailable.
In the event that you order a product from our Platform and we later inform you that we no longer stock the product you had originally ordered, we will(at your election) provide you with a store credit or refund to the value of the product that was not supplied to you(including the delivery fee).
Store credits may only be used to order from us and are not redeemable for cash.
Store credits must be used within 12 months of issue.
CHANGE OF MIND RETURNS
Please order carefully as 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).
YOUR STATUTORY GUARANTEES
The Australian Consumer Law which forms part of the Competition and Consumer Act 2010(Cth)(Australian Consumer Law) provides certain statutory guarantees which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Nothing in these Terms affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees.
PROCESS FOR REFUNDS AND QUESTIONS ABOUT YOUR PRODUCT
If you have any questions about your product, please contact us via firstname.lastname@example.org.
Refunds will be issued using the payment method used for purchase.
Subject to clause 6.7 - (Your statutory guarantees) (and without limiting clause 11.1(d)), 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.
Our Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interests(including copyright, designs, patents, trademarks and other intellectual property rights) in our Platform and in all of the material(including all text, graphics, logos, audio and software) made available on our Platform(Content).
Your use of our Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our Platform or the Content. However, we do grant you a licence to access our Platform and view the Content on these Terms and, where applicable, as expressly authorised by us and / or our third party licensors.
Any reproduction or redistribution of our Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our Platform, the Content or any part of it is prohibited, except to the extent permitted by law.
If you correspond or communicate with us, or otherwise upload publicly visible content on the Platform, you automatically grant to us an irrevocable, perpetual, non - exclusive, royalty - free, worldwide licence to use, copy, display and distribute such content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing your ideas and suggestions for improved products or services we provide.
NO COMMERCIAL USE
Our Platform is for your personal, non - commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within our Platform. You may not use our Platform, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
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 or using our products while operating any vehicle. You must only submit content to our Platform or using our products 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, de - compile, reverse engineer, modify, create derivative works, or otherwise change any of our products or the Platform.
WARRANTIES AND DISCLAIMERS
Motorcycling is an intrinsically dangerous activity which 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 vehicle licence. We expressly disclaim all liability associated with any use by you of our products in a manner which is contrary to applicable laws.
Subject to clause 6.7 - (Your statutory guarantees), all our products are provided "as is", without any warranties or representations or guarantees of any kind, either express or implied.
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. Outside of Australia, 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.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up - to - date, that access will be uninterrupted or error - free or free from viruses, or that this Platform will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to our Platform, any Content, or any feature of our Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
We expressly disclaim all liability arising from your use of our Platform, the information or materials contained on it, or as a result of the inaccessibility of our Platform or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
JURISDICTION AND GOVERNING LAW
Your use of our Platform and these Terms are governed by the law of New South Wales and you submit to the non - exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.