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TERMS AND CONDITIONS (also known as “T&Cs”)

Please also see the Rental of  Mobility equipment terms of rental which form part of our terms and conditions in the case where you rent a product from us.

These terms and conditions relate to Ezy Mobility Pty Ltd

OVERVIEW

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

This website is operated by Ezy Mobility Pty Limited An Australian registered company. Throughout the site, the terms “we”, “us” and “our” refer to this website, including all information, products and services available from this site to you, the user, conditionally upon your acceptance of all terms, conditions, policies and notices stated here.

  • By visiting our site and/ or purchasing or renting something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
  • Any new features or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

  • By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
  • You may not use our products including but not limited to Mobility scooters or Electric Wheelchairs for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of the Service to you.

DISPATCH AND DELIVERY.

  • We deliver using various methods including third-party services. These may include any private courier service, Australia Post or be delivered directly.
  • All bookings received directly on our websites will be contacted by phone within a maximum of two business days. Shipping costs if applicable will depend on the shipping method you select. You may be offered several options. These will be offered to you on your order before any payment.
  • All orders are processed in Australian Dollars (AUD$)

GENERAL CONDITIONS

  • Subject to law, we reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We do not store your credit card information on our servers at any time.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
  • By accessing and using this site, you acknowledge that the information available on this site is for information and illustrative purposes only and may not be accurate, complete or current. Images on

COOKIES

  • Cookies are small pieces of information stored by your web browser on the computer’s hard drive. A cookie may contain information, such as a session identifier, which is used to track the pages of the sites you have visited. Most web browsers are set up to accept cookies; however, you can change your browser settings to refuse cookies.
  • The site may not necessarily reflect the subject of the image and may be impacted by several factors including by the device you use to access the site and device settings.
  • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  • Subject always to law, we are 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. Further information concerning any product or information on this site is available by contacting “EZY MOBILITY PTY LTD”

MODIFICATIONS

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • Subject always to law, we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

  • We have made every effort to display as accurately as possible.
  • We reserve the right 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  • For more details, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
  • You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

PERSONAL INFORMATION

  • Please see our privacy policy here

ERRORS, INACCURACIES AND OMISSIONS

  • Occasionally there may be information on our 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. We reserve 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 you have submitted your order).
  • We undertake 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.

PROHIBITED USES

  • In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
  • Please see our product warranty and return policy here
  • We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  • You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the Service is at your sole risk.
  • Subject always to, but to the maximum extent permitted by, law, in no case shall “Ezy Mobility” , our 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your 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, our liability shall be limited to the maximum extent permitted by law.
  • Nothing in these Terms shall be read or applied to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act or any relevant State Act or Territorial ordinance which by law cannot be excluded, restricted or modified.

INDEMNIFICATION

  • You agree to indemnify, defend and hold harmless “EZY MOBILITY PTY LTD” and our 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 your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

  • If any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • If any agreement formed pursuant to and incorporating these Terms is a ‘small business contract’ for the purposes of the Competition and Consumer Act a party may only apply or rely upon a provision of this Agreement to the extent that doing so is reasonably necessary to protect its legitimate interests.

TERMINATION

  • The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
  • These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

  • The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  • These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
  • Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW

  • These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia You can review the most current version of the Terms and Conditions at any time at this page.
  • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at [email protected]