Electric Kicks Terms of Service

Last Updated: Tuesday 25th October, 2022

Contents:

  1. Foreword
  2. Terminology
  3. General Terms
  4. Legislation & Laws Regarding the Use of Personal Electric Vehicles
  5. Use of the Electric Kicks Website
  6. Making a Purchase
  7. Provision of Services & Products
  8. Optional Tools
  9. Payment Providers
  10. Third Party Links
  11. User Comments, Feedback,& Other Submissions
  12. Personal Information
  13. Errors, Inaccuracies or Omissions
  14. Prohibited Uses
  15. Disclaimer of Warranties, Limitation of Liability
  16. Indemnification
  17. Severability
  18. Termination
  19. Entire Agreement
  20. Governing Law
  21. Special Offers
  22. Contact Information
  23. Helpful Links

SECTION 1 - FOREWORD

Please read these Terms of Service carefully before accessing or using the Electric Kicks website, or making a purchase of any nature. By accessing or using any part of the site, or by purchasing any product, whether through the online store, by phone, email, or in person, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website, use any services, or purchase any products. Continuing to use the website, engage with Electric Kicks’ employees, or purchasing a product from Electric Kicks stands as an acceptance of these Terms of Service. 

Electric Kicks offers this website, including all information, tools, products, & services available from this site to you, the User, conditional to your acceptance of all terms, conditions, policies & notices stated here. 

The headings used in this agreement are included for convenience only and will not limit, change, nullify, negate or otherwise affect these Terms.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 2 - TERMINOLOGY

This website is operated by Electric Kicks. Throughout the site, the terms “we”, “us”, and “our” refer to Electric Kicks & its respective directors, officers, employees, interns, & partners. 

“Customer” and “Customers” refers to any individual(s) or Third Parties that have purchased any product or engaged with any service from Electric Kicks regardless of the time that has passed between today’s date and the date those individuals or Third Parties became Customers. 

“User” and “Users” relate to any individual(s) or Third Parties that have engaged with the Electric Kicks website or employees that have not yet become a Customer. 

“Third Party” or “Third Parties” relate to any individual(s) or Third Parties that are not classed as a “Customer” or a “User.” This may include affiliates, contractors, delivery partners, agents, suppliers, service providers, or licensors.

“Personal Electric Vehicle” or “PEV” refers to any electric scooter, electric bike, electric skateboard, electric dirt bike, or any other electric vehicle for sale, past, present or future, on the Electric Kicks website. 

“Services” refers to any service offered by Electric Kicks, including the sale & purchase of any product, the repair or mechanical service of any product, the advice or instruction given by any member of the Electric Kicks team, or any interaction with Electric Kicks by a Customer. 

SECTION 3 - GENERAL TERMS

How often are these Terms of Service updated?

Electric Kicks reserves the right, at its sole discretion, to change, replace, modify, add, and remove any of the terms listed in this document at any time without notice to any Customer, website User, employee, or Third Party by posting updates and changes to the Electric Kicks website. It is the Customer’s responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Anyone can review the most current version of the Terms of Service at any time at this page.

When were these Terms of Service last updated?

These Terms of Service were last updated on Tuesday, 25th October, 2022. All Users, Customers, and Third Parties that interact with Electric Kicks in any way from this date will be subject to these Terms of Service. 

What platform powers the Electric Kicks website?

Electrickicks.com.au is hosted on Shopify Inc. This provides the online e-commerce platform that allows Electric Kicks to sell products and services.

Does Electric Kicks use Third Party software & services?

Electric Kicks reserves the right to use any Third Party software, tool, or service as it deems necessary for the operation of the business & the provision of its Services. Electric Kicks does not have to disclose which software, tools, or services it uses to any User, Customer, or Third Party. 

How do I agree to the Terms & Conditions?

By visiting the Electric Kicks site, or engaging in the Electric Kicks Services, whether online, in person, by email, or over the phone, Users, Customers and Third Parties are agreeing to be bound by the following Terms & Conditions, hereby referred to as “Terms”, “the Terms,” or “Terms of Service.”

The Terms shall apply to all Users, Customers, and Third Parties without limitation, regardless of their reason for visiting the Electric Kicks website.

I agreed to the Terms & Conditions, but didn’t actually read them. Do they still apply? 

False acceptance of these Terms of Service, whether through continued use of the website, making a purchase of any product, whether through the website, by phone, over email, or in store, or verbally accepting these Terms without understanding what they are is not a cause for a suspension of these Terms of Service, and all conditions listed within remain fully enforceable. 

I didn’t know I had to agree to the Terms & Conditions. Do they still apply?

As determined in Section 3 - General Terms, continued use of the website, and/or making a purchase, whether by phone, email, website, or in store stands as an acceptance of the Terms of Service. 

SECTION 4 - LEGISLATION & LAWS REGARDING THE USE OF PERSONAL ELECTRIC VEHICLES

Personal Electric Vehicles (PEVs) are not to be used on footpaths, cycle lanes or roads in Australia. It is the complete responsibility of the Customer to ensure that any products purchased operate by all country, state, and local laws. The Customer assumes all liability and risk associated with the use of Personal Electric Vehicles and holds Electric Kicks, its owners, and its employees free from any liability caused by their use.

Electric Kicks advertises and sells its products for the sole purpose of recreational use on private property. Each state and territory in Australia maintains a different set of rules and regulations for the usage of PEVs and associated products, including the requirements for legal use and whether registration with the relevant local road traffic authority is necessary. It is the responsibility of Customers to ride with caution, wear a helmet and protective gear during use, and ensure compliance with local by-laws including requirements of use. Any information or representation provided by Electric Kicks is of a general nature and may vary between Users depending on individual circumstances. For more information, please check local laws before use.

Is the Customer responsible for knowing local laws relating to the use of Personal Electric Vehicles?

By purchasing any product on the Electric Kicks website, the Customer warrants & confirms that they, and they alone, are aware of their local legislation in relation to using the items included in their purchase(s). The consequences of a Customer’s decision to purchase a Personal Electric Vehicle that may contradict or break their local legislation shall apply only to the Customer. 

Electric Kicks may advise Customers of local legislations, but we do not dispense legal advice, nor do we endorse the breaking of any law, whether local, state, or federal in nature. 

I’m buying a product for someone else. Who is responsible for ensuring that person(s) knows their local laws regarding the use of PEVs?

The individual(s) who purchased the product from Electric Kicks are responsible for ensuring that the ultimate owner of the product(s) is aware of all their local laws & legislation regarding the use of PEVs. Electric Kicks shall not accept returns or offer refunds for PEVs purchased as gifts that do not meet the local laws of the ultimate product owner’s residence. 

I didn’t know PEVs were illegal in my state when I purchased from Electric Kicks. Can I return my purchase or get a refund? 

The Customer assumes all responsibility for knowing & understanding all laws, rules, & regulations relating to the use of Personal Electric Vehicles in their local government area or state. Electric Kicks will not offer any refunds or accept any product returns in the event the Customer purchased without being aware of local legislation in relation to use or ownership of a Personal Electric Vehicle unless that product is unopened, unused, in the same condition in which it left the Electric Kicks depot, and the product return occurs within 30 days of the product being purchased. 

For more information on product returns, read the Electric Kicks Return Policy here.

My local PEV laws have changed since I purchased from Electric Kicks. Can I return my purchase or get a refund? 

Electric Kicks does not accept return products or offer any refunds for products that have been outlawed by changing government regulations relating to use or ownership of a Personal Electric Vehicle unless that product is unopened, unused, in the same condition in which it left the Electric Kicks depot, and the product return occurs within 30 days of the product being purchased.

I have been fined for using a PEV that doesn’t meet my state’s local legislation. Am I entitled to compensation from Electric Kicks? 

The Customer assumes all responsibility for the consequences of using a Personal Electric Vehicle that breaks or contradicts legislation in their local government area or state. 

Electric Kicks does not and will not offer any form of compensation or offer a refund of any nature to Customers that have been issued fines, had their PEV confiscated, or any sort of legal proceeding taken against them as a result of using their products in contradiction of their local laws. 

I was given incorrect advice on PEV laws in my state by a member of the Electric Kicks team. Am I entitled to compensation? 

Electric Kicks are not experts in local laws & legislation, nor are Electric Kicks & its respective employees qualified to dispense legal advice of any nature to User, Customer, or Third Party. Thus, Electric Kicks does not accept responsibility for incorrect or out-of-date advice in relation to PEV legislation provided by any member of the Electric Kicks team. The Customer assumes all responsibility for understanding their local Personal Electric Vehicle regulations. 

Is it illegal to sell Personal Electric Vehicles in Australia?

It is not illegal to sell Personal Electric Vehicles in Australia, nor is it illegal to own a Personal Electric Vehicle in Australia. Electric Kicks is not in breach of any law by advertising & selling Personal Electric Vehicles, and Customers are not breaking any laws by owning a Personal Electric Vehicle. 

Because it is not illegal to sell such items, Electric Kicks does not offer any refunds or accept any product returns if the Customer believes they have been mis-sold a product that does not meet legal requirements. 

SECTION 5 - USE OF THE ELECTRIC KICKS WEBSITE

Does Electric Kicks collect any data about me from its website? 

When a User visits the Electric Kicks site, the site automatically collects certain information about the User’s device, including information about the web browser, IP address, time zone, and some of the cookies that are installed on the User’s device. 

Additionally, as Users browse the Site, Electric Kicks collects information about the individual web pages or products that the User views, what websites or search terms referred the User to the Site, and information about how the User interacts with the Site. 

For more details on the information Electric Kicks collects from website Users, review the Electric Kicks Privacy Policy here

Can I copy content from the Electric Kicks website? 

The Electric Kicks website is intellectual property, and as such, cannot be copied, recreated, duplicated, whether partially or in full, under any circumstances. This covers all past, present, and future features and designs of the Electric Kicks website. 

Electric Kicks content, including videos, blogs, photography, iconography, or logos, can be reproduced and shared so long as credit is given to the original author/ owner of that content, which is Electric Kicks. Failure to give credit to Electric Kicks for any use of its content may result in legal action being taken against the Third Party responsible for the content duplication. 

Electric Kicks content, including videos, blogs, photography, iconography, or logos, must not be used for commercial or advertising purposes by any User, Third Party, or Customer. 

Do the same terms apply to features added to the website in future?

Any new content, features or tools that are added to the current store shall also be subject to the Terms of Service. Users can review the most current version of the Terms of Service at any time on this page. 

Can I share the Electric Kicks website?

Any Third Party is welcome to share the Electric Kicks website by email, SMS, written testimonial, video testimonial, social media, or other public platform provided doing so is not an attempt to criticise, denigrate, mock, or negatively publicise the Electric Kicks brand, Services or employees.

SECTION 6 - MAKING A PURCHASE

By making a purchase of any product from Electric Kicks, the Customer warrants that:

  • They are at least the age of majority in their state or province or residence, and;
  • They have the experience or knowledge relating to the safe use of their purchased products, and;
  • They have sufficient funds available to cover all purchase costs including merchant fees, shipping, credit cards fees etc., and;
  • They understand all their local laws & legislation regarding the use of PEVs, and;
  • They are not placing a fraudulent order with a stolen identity, false details, or a stolen payment method(s), and;
  • They will use their purchased products in accordance with local & state legislation regarding the use of PEVs, and;
  • They accept & agree to be bound by the Electric Kicks Returns Policy, Warranty Policy, Refund Policy, Exchange Policy, & Shipping Policy, and;
  • They agree to be bound by these Terms of Service. 

Is every product sold by Electric Kicks new?

Electric Kicks does not purchase, stock, advertise, sell or supply second hand, used, pre-owned, or reconditioned products unless. As such, every product sold by Electric Kicks is supplied brand new, and in its original packaging unless otherwise stated. Electric Kicks reserves the right to change or update this Term at any point without notice by updating the website and the Terms of Service policy. 

My packaging has been opened. Did I receive a used product? 

Some items may have been opened by a member of the Electric Kicks team before shipping in to ensure quality, or to add items to the box, such as accessories or upgraded parts. 

I have only partially paid for my order. Will it be shipped before I complete payment?

No order, regardless of size, included products, destination, Customer, location, or Customer history with Electric Kicks shall be shipped before payment is received from the Customer by Electric Kicks. 

Does Electric Kicks price match?

Electric Kicks provides superior service, exclusive products, free delivery (exclusions apply), a national service network & warranty repairs on all items sold. As such, Electric Kicks does not price match any product to the prices listed by a competitor. 

I purchased from Electric Kicks and found the same product cheaper elsewhere. Am I entitled to a partial refund?

The Customer is responsible for conducting product research, including performance & pricing. As such, Electric Kicks offers no refunds, whether partial or full, or returns for Customer remorse in the event a Customer finds the same product cheaper elsewhere after they have made their purchase with Electric Kicks.

Do I have to show any sort of ID to place an order with Electric Kicks?

Electric Kicks reserves the right to ask the Customer to show proof of identity, including but not limited to driver’s licence, passport, credit card used to make the purchase, or proof of address upon request. This is to help prevent fraudulent transactions and credit card fraud. 

Can Electric Kicks cancel my order before it is delivered?

Electric Kicks reserves the right to refuse to fulfil any order placed with us. Electric Kicks may, in its sole discretion, 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, and/or orders that use the same billing and/or shipping address. In the event that Electric Kicks makes a change to or cancels an order, Electric Kicks may attempt to notify the Customer by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Electric Kicks reserves the right to limit or prohibit orders that, in Electric Kicks’ sole judgement, appear to be placed by dealers, resellers or distributors.

Can Electric Kicks cancel my order if it cannot be shipped to my location?

Electric Kicks offers free shipping across Australia wherever possible. Unfortunately, some rural, remote, or island destinations lie beyond Electric Kicks’ free delivery network. In the event Electric Kicks cannot source a courier or delivery partner to deliver the Customer’s order to the nominated shipping address, Electric Kicks may cancel the order & offer a full refund. Alternatively, if a courier is available, but the cost of delivering the order is too high for Electric Kicks to reasonably cover as part of the purchase price, Electric Kicks may offer the Customer the opportunity to cover the cost of shipping themselves, or source their own courier service. Should the Customer not wish to source their own courier or cover the cost of the courier recommended by Electric Kicks, they shall be offered a full refund for the cost of their order. 

Can Electric Kicks cancel orders it believes to be fraudulent?

From time-to-time the Electric Kicks system will automatically identify a transaction as fraudulent. Regardless of whether this system is correct, Electric Kicks reserves the right to cancel any order it deems as suspicious or fraudulent in order to prevent credit card fraud. In the event this happens, Electric Kicks will make every attempt deemed necessary to confirm Customer details by requesting identity documents or evidence of payment method ownership. Should the Customer be uncontactable, or unable to verify their identity, Electric Kicks may cancel the Customer’s order. Should this happen, any payment made by the Customer to Electric Kicks will be refunded within 2-4 business days. 

Can Electric Kicks pursue legal action for fraudulent transactions?

In an effort to curb credit card fraud, Electric Kicks, may, at its sole discretion, pursue legal action against Customers who make a fraudulent transaction, or who conduct a Chargeback after receiving their order. This may include notifying and submitting Customer Details to the Police or local law enforcement. 

My credit card was flagged as fraudulent. Can I still use it to buy products from Electric Kicks?

If a Customer order is rejected, Electric Kicks will offer the option to pay via another method, including bank transfers, merchant payments (such as Afterpay), or by cash-on-pickup if the order is collected in person from our Vermont warehouse . Once an order is flagged in the Electric Kicks system as a "high risk of fraud", Electric Kicks is unable to accept payment via credit card. 

Can I cancel an order placed by someone else?

Electric Kicks does not offer refunds or accept product returns in the event that a purchase is made by an unauthorised Third Party. This includes, but is not limited to:

  • Underage Customers, or;
  • Customers subject to the Power-of-Attorney by a Third Party, or;
  • Customers who may suffer from any degree of illness or debilitation that makes them unable to make rational decisions or understand the consequences of their actions. 

While every attempt is made to verify that each Customer is of sound body and mind when Electric Kicks interacts directly with a Customer, given the nature of online transactions, Electric Kicks is not liable to any Third Party for the sale of products that are unsuitable for the Customer. 

I used the incorrect details for my order. What happens next?

Incorrect details are considered:

  • Incorrect name
  • Incorrect email
  • Incorrect phone number
  • Incorrect billing address
  • Incorrect shipping address
  • Incorrect payment details

As soon as the Customer becomes aware that they have entered any of the incorrect details listed above, it is the responsibility of the Customer to update Electric Kicks before their order is dispatched. 

Electric Kicks is not liable or responsible for replacing or refunding any order that is not delivered correctly due to incorrect order details supplied by the Customer at point-of-sale. 

Please note that Electric Kicks may not be able to change certain details included with an order such as the delivery address or delivery name, particularly in the event the order has already shipped. 

Can I use fake information to place an order?

The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at Electric Kicks. The Customer agrees to promptly update their account and other information, including email address, credit card numbers and expiration dates, so that Electric Kicks can complete transactions and contact the Customer as needed.

Any Customer that knowingly or accidentally submits false information when purchasing any product from Electric Kicks will still be bound by these Terms. 

SECTION 7 - PROVISION OF SERVICES AND PRODUCTS

Electric Kicks reserves the right to refuse service to anyone or cancel any order for any reason at any time without notice or explanation. This includes, but is not limited to:

  • Fraudulent, or potentially fraudulent orders,
  • Purchases of PEVs that are unsuitable for the Customer’s age or riding ability,
  • Purchases of PEVs that are unsuited for the Customer’s intended use, 
  • Customers that cannot pay, or cannot complete payments, for their orders,
  • Customers that are rude, abusive, or aggressive in their dealings with Electric Kicks. 
  • Customers that threaten Electric Kicks or its employees with acts of violence, negative press/ publicity, vandalism, or threats of a sexual nature. 

Electric Kicks shall not refuse service to any Customer based on their race, gender, age (unless Customer is underage), sexual orientation, religion, or disability. 

Does Electric Kicks enforce purchase limits, or limits on what products can be purchased by a Customer?

We reserve the right to, but are not obligated to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 

Is every product available online? 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Is every product available in-store?

Electric Kicks has display models of the most popular PEVs & products available for viewing at its Vermont warehouse. Electric Kicks does not guarantee that the customer’s desired product(s) will be available at the Vermont warehouse at all times. However, contacting Electric Kicks ahead of time will help Electric Kicks ensure the customer’s desired items are available. 

Can I test-ride products before purchasing?

Electric Kicks can, but is not obligated to, offer test-rides of select PEVs to Customers at our Vermont warehouse, although Third Parties will be unable to borrow or take PEVs away from the Electric Kicks Vermont warehouse for any period of time. 

All test rides must comply with local laws regarding the use of PEVs, and full protective clothing must be worn by any Customer that wishes to test a product. 

Electric Kicks does not open boxed products for the purposes of test-rides. 

Electric Kicks reserves the right to refuse any request for a test-ride. 

Can I buy display models & floor stock?

Customers may, at the sole discretion of Electric Kicks, be able to buy floor stock or display models. These products may be priced differently from the prices displayed on the Electric Kicks website, and some purchase benefits such as warranties and free delivery may be excluded for display models. 

Is every product advertised on the website accurately represented & fully up to date? 

Electric Kicks has made every effort to display as accurately as possible the colours and images of our products that appear at the store. Electric Kicks cannot guarantee that your computer monitor's or device’s display of any colour will be accurate. While every effort is made to ensure all product details, descriptions, and specifications are accurate, we take no responsibility for omissions, mistakes, or errors and will not offer refunds for inaccurate information. 

Who produces the performance details for products on the Electric Kicks website?

Details on the performance of each product and PEV are issued by the product manufacturer, and statistics may be produced under test conditions that are difficult to replicate in real-world environments. Electric Kicks does not offer refunds or replacements arising from the performance of a product being different from the manufacturer’s provided performance details. 

While Electric Kicks has no responsibility to test or verify any details provided by a product manufacturer, Electric Kicks makes every effort to provide the most accurate information in relation to the products on the website. However, Electric Kicks cannot guarantee every Customer will have the same experience in relation to performance, lifespan, range, product durability due to how each Customer chooses to use their product. 

Why are there discontinued or unavailable products still available on the Electric Kicks website? 

Electric Kicks, at its discretion, may choose to leave discontinued, deprecated, or now-unavailable products advertised on its website for marketing purposes, or for reference in our content publication such as blogs. Electric Kicks will not sell current & available products for the same prices as out-of-stock or discontinued items. 

How often is the content on the Electric Kicks website updated?

The Electric Kicks site may contain certain historical information. Historical information, necessarily, is not current and is provided for Customer reference only. Electric Kicks reserves the right to modify the contents of its site at any time, but has no obligation to update any information on our site. The Customer agrees that it is the Customer’s responsibility to monitor changes to the Electric Kicks website.

Electric Kicks is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the Customer’s own risk.

How often can Electric Kicks change prices of products? 

Electric Kicks reserves the right to modify the prices of any product at any time without any notice, advertisement, or warning to any person. 

Electric Kicks shall not be liable to the Customer or any Third Party for any modification, price change, suspension, or discontinuation of our product or service. 

Can Electric Kicks remove products from the website?

Electric Kicks reserves the right to discontinue any product, product brand, or collection of products at any time without notice, advertisement, or warning to any person. 

Does Electric Kicks have a satisfaction guarantee?

Electric Kicks does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet expectations, or that any errors in the service will be corrected.

SECTION 8 - OPTIONAL TOOLS

Electric Kicks may provide its Customers/Users with access to Third Party tools over which Electric Kicks does not have any control or input, or that are not monitored by Electric Kicks. The Customer acknowledges and agrees that Electric Kicks provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Electric Kicks shall have no liability whatsoever arising from or relating to Customer use of optional Third Party tools.

What is a Third Party tool?

A Third Party tool is any software, whether online or application-based, that is not built, owned, or managed by Electric Kicks, for example, Afterpay, Paypal, ZipPay, call-recording software, shipping & delivery calculators provided by couriers & delivery services.

Who is liable for use of Third Party tools?

Any use by a Customer of optional tools offered through the site is entirely at their own risk and discretion. The Customer/ User should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant Third Party provider(s).

Will new Third Party tools be governed by these Terms?

Electric Kicks may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - PAYMENT PROVIDERS

Electric Kicks may, at its sole discretion, add or remove any method of payment from its website without notice, advertisement or warning to any Third Party. This includes accepting or rejecting certain credit card providers or Buy-Now, Pay-Later (BNPL) providers. 

Customers shall be entirely responsible for understanding the latest version of any and all Terms & Conditions of their chosen payment method.

Can Electric Kicks offer advice on which payment provider I should use?

Electric Kicks are not qualified financial advisors, so any advice dispensed by Electric Kicks or its employees in relation to payment methods or finances is of a general nature. As such, Electric Kicks shall not be liable for any financial problems, implications, or damages that arise from use of a recommended payment method or financial service. 

SECTION 10 - THIRD PARTY LINKS

Certain content, products and services available via the Electric Kicks Service may include materials from Third Parties.

What are Third Party Links?

Third Party links on this site may direct the Customer to Third Party websites that are not affiliated with Electric Kicks, for example, an external site managed by a Third Party that reviews Personal Electric Vehicles, or a payment portal provided by a payment provider. 

Who is responsible for the content found on Third Party Links?

Electric Kicks is not responsible for examining or evaluating the content or accuracy of content, does not warrant and will not have any liability or responsibility for any Third Party materials or websites, or for any other materials, products, or services of Third Parties.

A Third Party Link shall not indicate that Electric Kicks has any affiliation with the provider of the Third Party Link, although Electric Kicks may earn a commission from certain Third Party Link providers. Electric Kicks may, at its discretion, choose not to disclose such instances with any User, Customer or Third Party. 

Does a Third Party-Link mean Electric Kicks shares the same beliefs as the Third Party content provider?

The use of a Third Party Link on the Electric Kicks website is not a confirmation that Electric Kicks supports any political, social, economical, legal, environmental, or technological beliefs or viewpoints presented by Third Party-content or its authors.

Who is responsible for harm or damages caused by Third Party links?

Electric Kicks is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party websites. Please review carefully the Third Party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third Party products should be directed to the Third Party.

SECTION 11 - USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at the request of Electric Kicks, a User or Customer sends certain specific submissions (for example, contest entries or product reviews) or, without a request from Electric Kicks, a User or Customer sends creative ideas, suggestions, proposals, plans, reviews, testimonials or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), those Users and Customers agree that Electric Kicks may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that has been forwarded. Electric Kicks is and shall be under no obligation to:

  • maintain any comments in confidence, or; 
  • pay compensation or reimburse author for any comments, or;
  • post, upload, or advertise any comments publicly, or;
  • respond to any comments.

Can Electric Kicks remove content that I have shared publicly?

Electric Kicks may, but has no obligation to, monitor, edit or remove content that is determined in Electric Kicks’ sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

This includes, but is not limited to comments on advertisements, social media posts or negative reviews of any nature. 

SECTION 12 - PERSONAL INFORMATION

The submission of personal information through the Electric Kicks store, whether submitted by email, phone, or through the website itself, is governed by the Electric Kicks Privacy Policy. To view that Privacy Policy, click here

SECTION 13 - ERRORS, INACCURACIES OR OMISSIONS

Occasionally there may be information on the Electric Kicks site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Electric Kicks reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after a Customer has submitted their order).

Electric Kicks undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, all Third Parties are prohibited from using the site, its content or any product or service supplied by Electric Kicks: 

  • for any unlawful purposes, or;
  • to solicit others to perform or participate in any unlawful acts, or;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others, or;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or;
  • to submit false or misleading information, or; 
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, or; 
  • to collect or track the personal information of others, or;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape, or;
  • for any obscene or immoral purpose, or; 
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

Electric Kicks reserves the right to terminate any Third Party use of the Service or any related website for violating any of the prohibited uses. Electric Kicks shall not be liable to any Third Party, including User, Customer, Third Party, supplier, wholesale client, affiliate, legal or authoritative body, for any issue that arises from any of the prohibited uses outlined above. 

SECTION 15 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

Electric Kicks does not guarantee, represent or warrant that the use of Electric Kicks services & products will be uninterrupted, timely, secure or error-free.

Electric Kicks does not warrant that the results that may be obtained from the use of the service or products will be accurate or reliable.

Can Electric Kicks cancel or remove their service indefinitely or permanently?

The Customer agrees that from time to time Electric Kicks may remove the service for indefinite periods of time or cancel the service at any time, without notice to any Third Party.

Who assumes the risk with use of the Electric Kicks products or services? 

The Customer expressly agrees that their use of, or inability to use, the Services is at their sole risk. The Service and all products and services delivered to the Customer through the Service are (except as expressly stated by Electric Kicks) provided 'as is' and 'as available' for use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Who is liable in the event of injuries or losses sustained through use of Electric Kicks products or services? 

In no case shall Electric Kicks, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of life, replacement costs, physical or mental injury or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from use of any of the Service or any products procured using the Service, or for any other claim related in any way to use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Electric Kicks’ liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

The Customer agrees to indemnify, defend and hold harmless Electric Kicks and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third Party due to or arising out of customer breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a Third Party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

If, in the sole judgement of Electric Kicks, a Customer, User, or Third Party fails, or Electric Kicks suspects that a Customer, User, or Third Party has failed to comply with any term or provision of these Terms of Service, Electric Kicks also may terminate this agreement at any time without notice and the relevant Third Party will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny that Customer, User, or Third Party access to the Electric Kicks Service (or any part thereof).

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either the Customer, User, Third Party or Electric Kicks. A Customer, User, or Third Party may terminate these Terms of Service at any time by notifying Electric Kicks that you no longer wish to use its Services, or when a Customer, User, or Third Party ceases using the Electric Kicks site.

SECTION 19 - ENTIRE AGREEMENT

The failure of Electric Kicks to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Electric Kicks on this site or in respect to The Service constitutes the entire agreement and understanding between any Third Party and Electric Kicks and govern the use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between any Third Party and Electric Kicks(including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Electric Kicks provide Services shall be governed by and construed in accordance with the laws of Victoria, Australia.

Can laws from overseas, other countries, or other Australian states be used to govern how Electric Kicks provides its services or products?

Electric Kicks will abide by the laws of any government of any country in which it actively operates. However, Electric Kicks shall have no responsibility to abide by any laws, rules, or regulations set by governments in countries where Electric Kicks has no operation. 

SECTION 21 - SPECIAL OFFERS

From time to time, Electric Kicks may, at its sole discretion, offer discounts or run special offers to promote the sale of its products. For more information on the Terms & Conditions applicable to special offers, click here.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@electrickicks.com.au.

SECTION 23 - HELPFUL LINKS