Terms of service

OVERVIEW

This website is operated by The Simple Commute. Throughout the site, the terms “we,” “us,” and “our” refer to The Simple Commute. This website, including all information, tools, and services available, is offered to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (referred to as “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any of its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to our store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after updates are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

 

1. DEFINITIONS

For clarity and consistency, the following definitions apply throughout these Terms:

  • Agreement – Any formal agreement between The Simple Commute and a Customer, including these Terms and any amendments.
  • Customer, You, Your – Any natural or legal person who engages with The Simple Commute, uses our website, purchases products, or receives our services.
  • Services – All services provided by The Simple Commute, including but not limited to product sales, repairs, and customer support.
  • Products – Any goods sold by The Simple Commute, including electric scooters and related accessories.
  • Scooter(s) – Electric scooters that are the subject of a purchase or Agreement.
  • Order – Any purchase request submitted by a Customer through our website or other sales channels.
  • Repair Centres – Official repair locations affiliated with The Simple Commute, as listed on our website.
  • Privacy Policy – The policy detailing how we handle personal data, available at: https://thesimplecommute.com.au/policies/privacy-policy.

By engaging with our website and services, you acknowledge and accept these definitions, ensuring a clear understanding of rights and obligations under these Terms.

 

 

2. APPLICABILITY

These Terms apply to all product sales, services, and related transactions between The Simple Commute and Customers. By placing an order or using our website, you confirm that:

  • You are at least 18 years old and legally capable of entering a contract.
  • You are responsible for complying with all local laws and regulations regarding scooter usage in your area.
  • Any online order constitutes formal acceptance of these Terms.
  • You acknowledge that product availability is subject to change and may vary depending on your location.
  • You agree that your use of our products and services is solely at your own risk, and The Simple Commute is not responsible for any non-compliance with local laws.

These Terms supersede any other agreements, negotiations, or understandings unless explicitly stated otherwise in a separate written agreement.

If you do not agree to any of these Terms, you should not access our website, purchase our products, or use our services.

 

 

3. ONLINE STORE TERMS

By using our website and making a purchase, you agree to the following conditions:

  • You must be of legal age in your jurisdiction to use this site. If you are under the legal age, you must have obtained parental or guardian consent.
  • You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including but not limited to traffic, safety, and intellectual property laws.
  • You must not transmit malicious code such as viruses, worms, or any other software that could disrupt the functionality of the website or its users.
  • A breach of these Terms will result in immediate termination of your Services.
  • You are responsible for maintaining the confidentiality of your account information, including passwords, and for all activities under your account.
  • We reserve the right to modify, update, or discontinue any part of the website or product offerings at any time without prior notice.

By accessing and using this website, you acknowledge that any violation of these Terms may result in legal action and/or restriction of access to our services.

 

 

4. GENERAL CONDITIONS

  • We reserve the right to refuse service to anyone for any reason at any time.
  • You understand that your content (excluding payment information) may be transferred unencrypted across networks and may involve:
    • Transmissions over various networks
    • Changes to conform to the technical requirements of connecting networks or devices
  • Payment information, such as credit card details, is always encrypted during transfer over networks.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website without express written permission from us.
  • Headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
  • The Simple Commute reserves the right to suspend, modify, or terminate accounts suspected of fraudulent activity, misuse, or violations of these Terms.
  • Any attempt to interfere with the website's functionality, such as hacking, scraping data, or circumventing security measures, is strictly prohibited and may result in legal action.

We strive to ensure a secure and fair shopping environment and may take necessary actions to protect our business and customers.

 

 

5. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

  • We are not responsible if information 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 more accurate, complete, or timely sources of information.
  • Any reliance on the material on this site is at your own risk.
  • This site may contain historical information, which is necessarily not current and is provided for 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.

We strive to provide accurate and up-to-date information, but errors or omissions may occasionally occur. If you spot an error, please contact us so we can address it appropriately.

 

 

6. MODIFICATIONS TO THE SERVICE & PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
  • We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
  • Any discounts, promotions, or special offers are provided at our discretion and may be subject to limitations, expiration dates, or additional conditions.
  • We strive to keep pricing and product information accurate, but we are not responsible for typographical errors, mispricing, or outdated information. If a pricing error is identified after you place an order, we reserve the right to cancel the order and refund your payment.

By continuing to use our website and services, you acknowledge that pricing and availability may fluctuate and agree to review updated terms as necessary.

 

 

7. PRODUCTS & SERVICES

  • 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 Refund Policy.
  • We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. However, we cannot guarantee that your device’s display will be accurate.
  • 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 we offer.
  • All product descriptions and pricing are subject to change at any time without notice, at our sole discretion.
  • 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.
  • We do not warrant that the quality of any products, services, information, or other material purchased will meet your expectations, or that errors in the Service will be corrected.

It is your responsibility to review product details and policies before purchasing to ensure that the product meets your needs.

 

 

8. BILLING & ACCOUNT INFORMATION

  • We reserve the right to refuse any order you place with us.
  • We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, credit card, and/or billing/shipping address.
  • If we make a change to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time of purchase.
  • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, or unauthorized parties.
  • 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, payment details, and billing/shipping addresses, so that we can complete your transactions and contact you if necessary.
  • If any unauthorized or fraudulent activity is detected on your account, we may suspend or terminate access and take legal action if necessary.
  • We are not responsible for declined transactions due to incorrect payment information, insufficient funds, or issues with your payment provider.

By placing an order, you acknowledge that it is your responsibility to ensure the accuracy of your billing and account details.

 

 

9. THIRD-PARTY TOOLS & LINKS

  • We may provide you with access to third-party tools that we do not monitor, control, or influence.
  • You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
  • We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use of third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  • Certain content, products, and services available via our website may include materials from third parties.
  • Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites.
  • We do not warrant or have any liability or responsibility for any third-party materials, products, services, or websites.
  • We are 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 the third party’s policies and practices carefully 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.

By using our website, you acknowledge that interacting with third-party tools or links is at your own risk, and The Simple Commute is not liable for any issues arising from such interactions.

 

 

10. USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

  • If, at our request, you send certain specific submissions (e.g., contest entries) or if 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 and without restriction:
    • Edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you submit.
    • Use the comments for marketing, product development, or any other business purpose without owing you compensation.
  • We are and shall be under no obligation to:
    • Maintain any comments in confidence.
    • Pay compensation for any comments.
    • Respond to any comments.
  • We may, but have no obligation, to monitor, edit, or remove content that we determine, in our sole discretion, to be:
    • Unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
    • Violating any party’s intellectual property or these Terms of Service.
  • You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right.
  • You further agree that your comments will not contain defamatory, unlawful, abusive, obscene, or otherwise harmful content.
  • Your comments must not contain any malware, viruses, or other harmful software that could affect the functionality of our website or services.
  • You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments.
  • You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

By submitting feedback, suggestions, or other materials, you agree that we can use your input without obligation or restriction.

 

 

11. PERSONAL INFORMATION

  • Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at: https://thesimplecommute.com.au/policies/privacy-policy.
  • We collect, store, and process personal information to enhance your shopping experience, process transactions, and improve our services.
  • By using our website and services, you agree to the collection and use of your personal information as outlined in our Privacy Policy.
  • We take reasonable measures to protect your personal information but cannot guarantee absolute security.
  • You are responsible for keeping your account credentials secure and should notify us immediately of any unauthorized access or breaches.
  • If you do not agree with the terms outlined in our Privacy Policy, you should not use our services.

We encourage you to review our Privacy Policy regularly to stay informed about how we handle your data.

 

 

12. ERRORS, INACCURACIES & OMISSIONS

  • Occasionally, there may be errors, inaccuracies, or omissions in the information presented on our site, including but not limited to:
    • Product descriptions
    • Pricing
    • Promotions
    • Offers
    • Product shipping charges
    • Transit times
    • Availability
  • We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after you have placed an order.
  • If an error is discovered in pricing or product information after an order has been placed, we may cancel the order and refund your payment in full.
  • We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation:
    • Pricing information
    • Product availability
    • Policy changes
    • Other details, except as required by law
  • No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.

We strive to provide accurate and up-to-date information, but unintentional errors may occur. If you notice any discrepancies, please contact us so we can address them appropriately.

 

 

13. PROHIBITED USES

You are prohibited from using the site or its content for the following purposes:

  • Illegal activities – Engaging in any unlawful act or soliciting others to participate in unlawful acts.
  • Violation of laws – Breaching any international, federal, provincial, or state regulations, rules, or local ordinances.
  • Intellectual property infringement – Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Harassment & abuse – Engaging in any behavior that is harmful, abusive, harassing, defamatory, slanderous, discriminatory, or threatening based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability.
  • Misleading information – Submitting false or misleading information, including impersonation or misrepresentation.
  • Malware & hacking – Uploading, transmitting, or distributing viruses, malware, worms, or any other type of malicious code that could disrupt or affect the functionality of the Service, related websites, other websites, or the internet.
  • Data collection & tracking – Collecting or tracking the personal information of others without their consent.
  • Spam & fraud – Engaging in spamming, phishing, pharming, pretexting, or any other fraudulent activity.
  • Obscene or immoral purposes – Using the Service for any obscene, lewd, or offensive activities.
  • Security violations – Interfering with or circumventing the security features of the Service, related websites, other websites, or the internet.

We reserve the right to terminate your access to the Service if you engage in any prohibited activity.

 

 

14. LIMITATION OF LIABILITY

  • We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
  • We do not warrant that the results 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.
  • Your use of the Service is at your sole risk. All products and services delivered to you are provided "as is" and "as available," without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall The Simple Commute, 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 but not limited to:
    • Lost profits
    • Lost revenue
    • Lost savings
    • Loss of data
    • Replacement costs
    • Any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any part of the Service or any product purchased using the Service.
  • Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

15. INSPECTION & COMPLAINTS

  • Customers must inspect all Products immediately upon arrival and report any defects, damages, or order discrepancies within five (5) calendar days of receipt.
  • Complaints regarding defects that could not reasonably have been discovered upon initial inspection must be reported within fourteen (14) calendar days of receipt.
  • Complaints must include a detailed description of the defect, and if possible, photographic evidence.
  • If a defect is reported within the specified timeframe, The Simple Commute may, at its sole discretion, offer one of the following solutions:
    • A replacement of the defective Product.
    • A refund or store credit.
    • A repair solution (if applicable).
  • If the defect is reported outside the specified timeframe, The Simple Commute is not obligated to provide a refund, replacement, or repair.

 

 

16. MAINTENANCE, SERVICE & REPAIRS

  • Customers are responsible for maintaining their scooters according to the maintenance guidelines provided by The Simple Commute.
  • Failure to adhere to recommended maintenance schedules may result in the voiding of any warranties.
  • Repairs must be carried out by authorized repair centers listed on The Simple Commute’s website. Unauthorized repairs or modifications may also void warranties.
  • The Simple Commute does not guarantee immediate availability of spare parts for all repairs, and delays may occur due to supplier shortages.
  • Customers must retrieve repaired scooters within 14 days after receiving notice of repair completion. Scooters left unclaimed after 30 days may become the property of The Simple Commute.

 

 

17. SAFE OPERATION & ASSUMPTION OF RISK

  • Customers acknowledge that operating an electric scooter involves inherent risks, including but not limited to:
    • Traffic hazards.
    • Weather conditions.
    • Road and sidewalk conditions.
    • Collisions with vehicles, pedestrians, or other objects.
    • Mechanical failures.
  • Customers agree to assume all risks associated with operating a scooter and to use all necessary safety precautions, including wearing protective gear such as helmets, knee pads, and reflective clothing where required.
  • Customers are responsible for ensuring their scooters are legally allowed on roads, bike paths, or footpaths in their area. Local regulations regarding electric scooter usage vary and may include requirements such as:
    • Helmet laws.
    • Speed limits.
    • Licensing or registration requirements.
    • Prohibited areas for riding.
  • It is the customer's responsibility to comply with these regulations. The Simple Commute is not responsible for any fines, penalties, or legal issues arising from improper use of an electric scooter.
  • The Simple Commute is not responsible for any injury, damage, or death resulting from the use of its Products. Riders assume all responsibility for operating their scooters safely and legally.

 

 

18. INDEMNIFICATION

  • You agree to indemnify, defend, and hold harmless The Simple Commute, its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any claims, damages, liabilities, costs, and expenses arising from:
    • Your breach of these Terms of Service.
    • Your violation of any law or the rights of a third party.
    • Any injuries or damages caused by your use of our Products.

 

 

19. SEVERABILITY

  • If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law.
  • The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

 

 

20. TERMINATION

  • These Terms remain in effect unless and until terminated by either you or us.
  • You may terminate these Terms at any time by:
    • Notifying us that you no longer wish to use our Services.
    • Ceasing use of our website.
  • If we suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date.
  • We may also terminate or suspend your customer account on our website if:
    • You engage in fraudulent or unauthorized activities.
    • You repeatedly violate our policies, including excessive chargebacks, fraudulent returns, or misuse of discount codes.
    • We receive complaints regarding your misuse of our services.
  • If your account is terminated, The Simple Commute reserves the right to deny future transactions or account creation at its discretion.
  • Any termination by either party shall not affect any obligations incurred before the termination date, including pending payments or legal responsibilities.

 

 

21. GOVERNING LAW

  • These Terms of Service and any agreements for Services provided by The Simple Commute shall be governed by and construed in accordance with the laws of Australia.
  • Any disputes arising from these Terms shall be settled in Australian courts, unless otherwise required by consumer protection laws.

 

 

22. CHANGES TO TERMS OF SERVICE

  • You can review the most current version of the Terms of Service at any time on this page.
  • We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website.
  • It is your responsibility to check our website periodically for changes.
  • Your continued use of our website and services following any changes to these Terms constitutes acceptance of those changes.

 

 

23. CONTACT INFORMATION

For any questions regarding these Terms of Service, you can contact us at:

The Simple Commute
Email: contact@thesimplecommute.com.au
Address: 8/1001 Mountain Hwy, Boronia VIC 3155
Phone: 0482 053 220

 

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