1. Acceptance of Terms and Conditions
Welcome to ScootNToot.com.au. By using our website ScootNToot.com.au, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Notice govern the relationship between you and Scoot N Toot (“Scoot N Toot”), provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Scoot N Toot. The term “you” refers to the user or viewer of our Site.
2. Content and Information
The content of the pages of the Site and information available on the Site is for your general information and use only. It is subject to change without notice.
NT ECOMMERCE PTY LTD 650710071 *ALL PRODUCTS ARE STRICTLY NOT FOR ON ROAD USE, PRIVATE PROPERTY USE ONLY*
3. Product Suitability and Liability
We make no warranty, representation, or guarantee regarding the information contained herein or the suitability or legality of our products for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any product. The products sold by us have been subject to limited testing and should not be used in in any way that is contrary to their intended use.
4. Performance Specifications
Any performance specifications are believed to be reliable but are not verified. It is the Buyer’s responsibility to independently determine suitability of any products for their intended purpose, including any restrictions on legal use on Australian roads.
5. Warranty Disclaimer and Manufacturer’s Warranty
While we do not make any representations or warranties of any kind, express or implied, including but not limited to, merchantability and fitness of a product for a particular purpose, we do provide a manufacturer’s warranty for our Scoot N Toot e-scooters. We offer a 6-month manufacturer’s warranty that covers any defects in the material and workmanship of the motor, battery, and controller under normal use during the warranty period. This warranty does not cover damages due to misuse, overloading, physical damage not resulting from defects in material or workmanship, or any modifications not approved by us, including the removal of the speed limiter.
To obtain warranty service, customers must first contact us to identify the problem and determine the most suitable solution. Beyond this manufacturer’s warranty, we do not have any other obligations or liability on our part.
6. Limitation of Liability
Under no circumstances will we be liable for any loss, damage, expense, injury, incidental or consequential damages of any kind arising in connection with the use of the goods sold. Should any statutory warranty apply, the buyer agrees that any such warranty is limited to the repair, replacement of the goods, or refund of the purchase price at our option as the exclusive remedy.
7. Common Law Claims
We expressly disclaim any obligations arising out of common law claims or arising under law with respect to goods sold. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this Site meet your specific requirements.
8. Intellectual Property
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Provider and/or other parties. You are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site are protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
9. Linked Sites
This Site may provide links to other sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
10. Warranty and Liability Disclaimer – Specifics on Manufacturer’s Warranty
Unless otherwise specifically stated, all content, products, and services on the Site, or obtained from a linked Site, are provided to you “AS IS” without warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The exception to this is our Scoot N Toot e-scooters, which are provided with a 6-month manufacturer’s warranty under the conditions outlined in Section 5 of these terms and conditions.
11. Provider’s Liability Limitations
You agree that Provider, its affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a linked Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted, or secure access to the Site.
12. Contractors
The Provider may contract with other companies or individuals in order to provide you services. You agree that the Provider cannot be held liable for any actions or inactions of any contractor used by the Provider in connection with providing you services.
13. Account Security
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Provider of any unauthorized uses of your username and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
14. Termination
The Provider may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of the Basic Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
15. Governing Law
Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of Victoria, Australia, and applicable federal law without regard to conflicts of laws principles. You agree that you will first attempt to resolve any concern or issue with the Provider or with the use of this website by communicating fully your concern with the Provider. Should communication with the Provider not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Victoria, Australia, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.
16. Entire Agreement
These Basic Terms of Use and other referenced material, such as the Privacy Notice, constitute the entire agreement between you and the Provider with respect to your use of the Site and any products, services, or information obtained through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Provider with respect to the Site. Any rights not expressly granted herein are reserved.
17. Sales Price Exclusion for Finance Customers
The sales price advertised on the Site is not applicable to customers who opt to finance their purchase through a direct application with Scoot N Toot using Humm or similar parties. Finance customers may be subject to a different price, as determined by Scoot N Toot at its sole discretion. Scoot N Toot reserves the right to modify, amend, or revoke this exclusion at any time and without prior notice.
18. Modifications to Terms and Conditions
Scoot N Toot reserves the right to change or update these terms and conditions at any time without prior notice. Any such changes or updates will be effective immediately upon posting to the Site. Your continued use of the Site after such changes or updates have been posted constitutes your acceptance of the revised terms and conditions.
19. Severability
If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of the terms and conditions shall continue in full force and effect.