Acceptance of the Website Terms of Use 

These terms of use are entered into by and between You (“User”) and N Plus North America Corporation. The following terms and conditions, together with the Company’s Privacy Policy (collectively, "Website Terms of Use"), govern your access to and use of www.raceescooter.com, including any content, functionality, and services offered on or through www.us.vitusbikes.com (the "Website"), whether as a guest or a registered user.

Please read the Website Terms of Use carefully before you start to use the Website. By clicking the accept button at the end of the checkout/purchase process, you accept and agree to be bound and abide by these Website Terms of Use, N Plus North America Corporation Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Website Terms of Use or the Privacy Policy, you will not be permitted access or permission to use the Website.  

This Website is offered and available to users who are 16 years of age or older and permits global access to users residing anywhere in the world. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you will not be permitted access or permission to use the website.  

Changes to the Website Terms of Use 

We may revise and update these Website Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.  

Your continued use of the Website following the posting of revised Website Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.  

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your security information. You agree to notify us immediately of any unauthorized access to or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any account or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Website Terms of Use.

Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You must not:
  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.   

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws.

Trademarks 

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Website Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.  
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Website Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include(s) content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website 

We will update the content on this Website regularly to ensure that all content reflected is up to date.  

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

  • Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Mobile Terms of Service

N Plus North America Corporation

Last updated: Nov. 22, 2023

The Red Bull Racing USA mobile message service (the "Service") is operated by N Plus North America Corporation (“we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to N Plus North America Corporation’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of N Plus North America Corporation through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with N Plus North America Corporation. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18339876092 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other N Plus North America Corporation mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18339876092 or email support@raceescooter.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Geographic Restrictions 

Although we provide this Website for global use, we make no claims that the Website or any of its content is accessible or appropriate outside of North America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside North America, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to your violation of these Website Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Website Terms of Use, or your use of any information obtained from the Website.

Arbitration  

YOU AND N Plus North America Corporation ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, THESE WEBSITE TERMS OF USE AND/OR ANY CONTRACT YOU MAY HAVE WITH US, OUR TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

(a) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section and any arbitration between us.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer's arbitration fees to AAA. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR N Plus North America Corporation WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

(d) The arbitration shall be heard by one arbitrator, chosen by agreement of the parties. If the parties fail to agree on an arbitrator within 30 days of the commencement of the arbitration, the arbitrator selection mechanism in the AAA’s Consumer Arbitration Rules shall apply. Regardless of where the arbitration proceeding actually takes place, all aspects of the arbitration and the Agreement shall be governed by the provisions of the Federal Arbitration Act and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law or to enforce an award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties to this Agreement.  

The parties to this Agreement acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery and to appeal an adverse decision. The parties acknowledge that they have read and understand this arbitration provision, and that they voluntarily agree to binding arbitration. 

Waiver and Severability 

No waiver by the Company of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Website Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Terms of Use will continue in full force and effect.  

Entire Agreement 

The Website Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and N Plus North America Corporation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

Your Comments and Concerns 

This website is operated by N Plus North America Corporation.

 

Last Modified: November 2023

N PLUS HOLDINGS PTY LTD is committed to protecting the privacy and security of your information. This Privacy Policy describes how we collect, use, disclose, and otherwise process the Personal Information (as defined below) we collect when you:  

 

We refer to the Site, our services, and our interactions with you collectively as the “Services” in this Privacy Policy. Please read this Privacy Policy carefully before using the Services or submitting your Personal Information to us. From time to time, we may supplement this Privacy Policy with additional information about our privacy practices related to a particular Service. If you are a N PLUS HOLDINGS PTY LTD employee, contractor, or job applicant, this section does not apply to you in the context of those relationships, and to the extent required by law, our privacy practices are set out in our employee policies or in our agreements with you, as applicable.  

 What Personal Information We Collect 

Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.  

When you interact with the Services, we may collect certain Personal Information directly from you or automatically from the devices you use to access our Services. Depending on how you use the Services, we may collect the following types of information from or about you:  

 How We Collect Your Personal Information 

Depending on how you use our Services, we may collect Personal Information from you in the following ways:

 How We Use Your Personal Information  

We may use your Personal Information as outlined below:  

We may also use your information for other purposes consistent with the context of the collection of your Personal Information, as otherwise disclosed to you at the time your Personal Information is collected, or with your consent.

 How We Disclose Your Information 

We may disclose your Personal Information with the following types of third parties:

 

Cookies and Other Data Collection Technologies 

Our Sites use cookies. A “cookie” is a small text file that is placed on your computer or mobile device when you enter a website or a mobile app. It enables the website or mobile app to remember your actions and preferences over a period of time. While the cookies we use may change from time to time, they generally fall into one of the following categories:

The third-party service providers we may use for advertising and analytics include, but are not limited to:

To learn more about cookies and similar technologies, please visit www.allaboutcookies.org. Most web and mobile device browsers automatically accept cookies. If you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You may also choose to opt out of receiving interest-based advertising by visiting the Network Advertising Initiative’s Opt-Out Tool.

 Opting Out of Communications 

We may communicate with you by email, telephone, or SMS text message about the Services. If you have opted in or otherwise qualify to receive these forms of communication, and no longer wish to receive such communications, you may opt out or unsubscribe by following the instructions that are included in the communication or by contacting us using the information provided in the Contact Us section below.  

 Retention of Your Personal Information 

As a general matter, we may keep your Personal Information for as long as necessary to fulfill the purpose for which it was collected. If a law requires us to retain your information for a longer period of time, we will comply with that law. We may also retain your Personal Information as necessary to protect or resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

 Security of Your Information  

We maintain administrative, technical, and physical safeguards designed to protect against unauthorized access, use, modification, and disclosure of your information in our custody and control. No data, on the Internet or otherwise, can be guaranteed to be 100% secure. While we strive to protect your information from unauthorized access, use, or disclosure, N PLUS HOLDINGS PTY LTD cannot and does not ensure or warrant the security of your information.

 Do Not Track 

Some web browsers incorporate a “Do Not Track” or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. We are committed to providing you with meaningful choices about the information collected through the Sites. However, like many websites, our Site is not currently designed to recognize a “Do Not Track” signal from a web browser. As a result, www.us.raceescooter.com and third parties may track your online activities, including over time and across different sites and apps.  

 Children’s Privacy  

N PLUS HOLDINGS PTY LTD does not knowingly collect personal information from children under the age of 16 using the Site.

 Information for Users Located Outside of the United States 

If you use the Site or provide us your information from outside the United States, your Personal Information will be transferred to, stored and processed in the United States and other countries where N PLUS HOLDINGS PTY LTD or its service providers operate in accordance with this Privacy Policy and applicable laws. Please note that data protection and consumer protection laws of the United States and such other countries may differ from the data protection or consumer protection laws in your country. By using the Services or providing us with your Personal Information, you understand that your information will be collected from and processed in the United States and other countries where N PLUS HOLDINGS PTY LTD or its service providers operate, and acknowledge that your Personal Information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions.

 Notice to Residents of Nevada 

If you are a Nevada resident, you have the right to opt out of the sale of certain personal information, including your name and mailing address, to third parties. N PLUS HOLDINGS PTY LTD does not “sell” your personal information as defined by Nevada law. If that were to change in the future, we will provide Nevada residents with a method to opt-out of those transactions.

 Third-Party Links 

The Sites may contain links to other websites that we do not own or control. If you visit another website, we encourage you to review that website’s privacy policy to understand how that website operator will treat your information. Our Privacy Policy does not apply to these other websites.  

 Notice to California Residents  

California residents are entitled to request and obtain from us once per calendar year information about the categories of personal information we have disclosed to third parties for their own direct marketing purposes. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us using the information provided in the Contact Us section below.

This section provides additional information for California residents whose information is subject to the California Consumer Privacy Act (“CCPA”). It does not apply to individuals who are not California residents.  

Categories of Personal Information

We have collected in the preceding 12 months the categories of Personal Information detailed in the “Information We Collect” section above.

Sources of Personal Information

We have collected Personal Information from the categories of sources detailed in the “Sources of Information” section above.

Use and Disclosure of Personal Information

We have used and disclosed Personal Information for the business and commercial purposes detailed, respectively, in the “How We Use Your Information” and “How We Disclose Your Information” sections above.

Although we have not “sold” personal information for money in the past 12 months, we engage in many standard business interactions with third parties that might be considered a “sale” or “sharing” of Personal Information as those concepts are defined by CCPA. We do not knowingly sell or disclose personal information of minors under the age of 16.

Specifically, we allow third parties to control the collection of Personal Information through cookies and other tracking technologies. These third parties use the data to allow us to understand how the Site is used, to understand your preferences and interests, and to customize advertisements to those interests and preferences. For more information on our use of cookies and similar tracking technologies, please review the “Cookies and Other Tracking Technologies” section above.

Sensitive Information

We only use and disclose your sensitive information for the following purposes: (i) performing services or providing goods reasonably expected by an average consumer; (ii) detecting security incidents; (iii) resisting malicious, deceptive, or illegal actions; (iv) ensuring the physical safety of individuals; (v) for short-term, transient use, including non-personalized advertising; (vi) performing or providing internal business services; or (vii) verifying or maintaining the quality or safety of a service or device. We do not disclose sensitive information for any other purpose.

Retention of Personal Information

We will retain each category of your personal information for as long as necessary to fulfill the purposes described in the “How We Use your Information” section above, unless required to do otherwise by applicable laws. Criteria we will use to determine how long we will retain your information include whether: we need your information to provide you with products or services you have requested; we continue to have a relationship with you; you have requested information, products, or services from us; we have a legal right or obligation to continue to retain your information; we have an obligation to a third party that involves your information; our retention or recordkeeping policies and obligations dictate that we retain your information; we have an interest in providing you with information about our products or services; or we have another business purpose for retaining your information.  

Rights Concerning Your Information

California “Shine the Light” Law.  California residents may request information from us once per calendar year about certain Personal Information disclosed to third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have disclosed such information. To request this information, please contact us by using the information provided in the “Contact Us” section below.

California residents may also have the following rights concerning our collection, use, and disclosure of their Personal Information:

 Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the Personal Information, the purposes for collecting, selling, or sharing the Personal Information, and the categories of third parties with whom we have disclosed or sold your Personal Information, and the specific pieces of Personal Information we have collected about you.

Right to Delete. You have the right to request that we delete Personal Information that we have collected from you.

Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.

Right to Opt Out of Sales or Sharing. You have the right to opt out of the sale or sharing of your Personal Information or targeted advertising.

Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Site or Services.  

California residents may exercise the Right to Know, Right to Delete, and the Right to Correct by emailing us at +1 888 294 7974.

In order to exercise the Right to Opt Out of Sales or Sharing with respect to any "sale" or “sharing” of personal information automatically collected online through cookies and other tracking technologies, you must undertake both of the following steps:

  1. Submit a request through the "Do Not Sell or Share My Personal Information" link at the bottom of this page.
  2. Disable the use of all cookies and other tracking technologies.  

You may also submit an opt-out request using a preference signal that is sent in a commonly used and recognized format, such as the Global Privacy Control.  

You may use an authorized agent to submit a rights request on your behalf. To do so, your authorized agent must submit a request via +1 888 294 7974 and indicate that they are submitting the request as an agent. We may require the agent to provide proof that you gave signed permission to submit the request and may also require to you to confirm with us that you provided the agent permission to submit the request or to verify your own identity directly with us. You may also make a request on behalf of your minor child.  

We will take steps to verify your identity before completing your rights request. In order to do so, we may ask you to provide additional information, such as your name, home address, and email address. Depending on the nature of your request and our relationship with you, we may request different or additional information, including a singed declaration that you are who you claim to be.

 Financial Incentives 

From time to time, we may offer financial incentives in exchange for you sharing certain personal information with us. The specific instructions for how to participate and the rewards offered as incentives may vary and are set out within each program. Our good-faith estimate of the value of your information is the value of the benefit we offer to you. We have calculated that value by using the expense to us of operating the program related to the benefit obtained by our running of the program. To participate in any incentive-based programs you can opt-in by signing up for the incentive when it is offered to you. Participation in our promotional programs is always optional, and you can terminate program participation at any time as explained in the applicable program terms. You can also contact us by using the contact information provided below to unsubscribe or cancel your participation in any program.

 Changes to this Privacy Policy 

At times, it may be necessary for us to make changes to this Privacy Policy. We reserve the right to change this Privacy Policy and any of our policies or procedures concerning the treatment of information. Where we make material changes to this Privacy Policy, we will take steps to notify you of those changes by, for example, posting notice on the websites or emailing you using the contact information we have on file. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to our Privacy Policy will become effective upon posting of the revised Privacy Policy. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of our Privacy Policy.

 Contact Us  

Please feel free to contact us at any time if you have any questions or comments about this Privacy Policy.  

You can contact us or otherwise communicate your privacy concerns by:

Phone: +1 888 294 7974

 

Last Updated: November 20, 2023

 

Terms of Service

TERMS AND CONDITIONS

These Terms and Conditions constitute a legally binding contract between the consumer (“you”) and us, N Plus Holdings Pty Ltd, as licensee for the Oracle Red Bull Racing eScooter (eScooter) and apply to the ordering, purchasing, fulfilment and delivery of Goods from us. Note that this policy applies to individuals who purchase Goods for personal use only i.e. it does not cover any business and wholesale accounts.

Please read the following Terms and Conditions carefully before placing your Order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Goods.

You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.

If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.

If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.

These Terms and Conditions may be updated periodically by us. From time to time we may make revisions which will be posted to this page. You agree to be bound by any revisions.

DEFINITIONS

“Consumer” means an individual who purchases goods and services for personal use and not for a business related use and not related business use.

“Goods” means those goods available from us via the Website.

“Order” means an Order for Goods placed via the Website or by other means.

“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.

COMMUNICATION BY US

As a condition of creating an account with us, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

a) “Administrative Emails” involve details of account activity, Orders, offers and purchases you have made.

b) “Promotional Emails” consist of Goods information, new offers, and information about the Oracle Red Bull Racing eScooter. You may choose to opt-out of receiving Promotional Emails anytime by informing us or by following the instructions on those Emails.

PLACING YOUR ORDER AND FORMING A CONTRACT

(1) Our offerings published on the Website, in catalogues, and in our Showroom are non-binding.

(2) By placing an Order on the Website (which requires prior registration and acceptance of these General Terms and Conditions), the Consumer makes a binding offer to purchase the relevant Goods. The offer shall remain valid and binding for a period ending on the end of the 5th calendar day following the day of the offer. We are able to accept the offer within this period.

(3) Without undue delay upon receipt of the Order, we will send to the Consumer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the Order. The Order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the Order or by dispatching the Goods (we will provide you with tracking details upon written request). We do not formally accept your offer until your Order has passed our internal validation procedures for:

(4) Despite our best efforts, the design and colour of the Goods may vary from the design in the Order or the Goods contract.

(5) You warrant to us that all goods that you order are intended for personal, domestic and non-commercial use only.

(6) You agree and acknowledge that, if your offer is accepted by us in accordance with these Terms & Conditions, that we are contracting to arrange for the delivery of the relevant Goods to your nominated address.

(7) You as the Consumer will be considered the importer of record, unless expressly stated otherwise, in respect of the Goods and you must comply with all laws and regulations of the country in which you are receiving the Goods including the payment of all applicable Taxes.

(8) we are our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in their sole discretion.

PRICES AND PAYMENT

(1) Our prices include VAT, GST or other Federal Taxes, shipping costs and foreign exchange where-once we know your shipping address as these amounts change depending on local laws. All Federal Taxes and charges are included in the price at checkout. Once paid, there will be no further liability to us for amounts for Federal Taxes.

(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Consumer’s request, to be made in the Order form, we will use our best efforts to deliver the Goods as specified in the Order form.

(3) If you decide to purchase Goods from us, you agree to promptly pay the amounts due under these Terms and Conditions. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider, we reserve the right to no longer conduct business with you.

(4) If we cannot process or accept your Order after payment is received, we will attempt to contact you by email or telephone.

(5) The Consumer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

DISPATCH OF THE GOODS

(1) Your Order for Goods will be sourced, manufactured and delivered to you in accordance with the estimated date stated on the confirmation of your Order sent to you by Email. As all our Goods are manufactured-on-demand our normal delivery time is estimated to be 8 to 12 weeks and may be longer for non-standard Orders. Because of the on-demand process, unforeseen manufacturing issues can come up from time to time. In these instances, we’ll do our absolute best to still meet the estimated timeframe but if we’re unable to, we will let you know as soon as practicable.

(2) In the event that the Goods are no longer available, or cannot be delivered in a timely manner for any reason, we shall without undue delay, inform the Consumer thereof. In these cases, we will make an individual agreement with the Consumer regarding the time of delivery. If the Goods are no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the Goods contract. In case of any such termination, we shall without undue delay reimburse the Consumer any payments which the Consumer has made to us in respect of the Order and or try to reach an alternative contract with the Consumer for replacement Goods. In the event that the Goods are permanently not available, we will not accept the Order. In this case, a sales contract with the Consumer shall not become effective.

(3) Partial deliveries of Goods included in the same Order shall be permitted, provided that the Goods can be used separately and provided further that we shall bear any additional shipping costs caused thereby.

RETENTION OF TITLE AND RESALE

(1) We retain legal title to any Goods supplied by us until the purchase price (including Taxes and shipping costs) for such Goods and all other money that the Consumer may owe us at any time on any account have been fully paid. The Consumer acknowledges that this provision creates a security interest over the Goods for the purposes of the Personal Property Securities Act 2009 (Cth) or equivalent legislation in other jurisdictions.

WARRANTY, GUARANTEE, RETURN POLICY

The Consumer may have rights in relation to Goods under the relevant consumer. Nothing in these terms and conditions excludes or restricts any of the Consumer’s statutory rights. Where the Goods are not purchased for personal, domestic or household use, we may limit the Consumer’s remedies to replacing or repairing the Goods or reimbursing the Consumer for the cost of repairing or replacing the Goods.

(1) The warranty offered by us applies in the event of a structural defect in the workmanship or materials at the time of receiving the delivered Goods, the Consumer shall be entitled to request from us to repair the defect or to supply replacement Goods (as ordered) which is free from those defects. This warranty is limited to defective workmanship, materials or goods and excludes normal wear and tear.

(2) In addition to the statutory warranty and guarantees, we voluntarily grant an extended warranty of two years

(3). Without any limitation of the statutory warranty rights of the Consumer, our voluntary warranty is subject to the following additional conditions:

(i) The warranty does not cover damages caused by inappropriate or unspecified use for the particular Goods as described on our website, including:

(4) We may refuse to remedy defective Goods in the manner requested by the Consumer if such remedy would result in unreasonable costs.

(5) We reserve the right to repair Goods or replace them with a new model. In the event that it is necessary to change the model we will endeavour to replace them in the original colour subject to availability. Should the original colour no longer be available, it may be that there are deviations from the original colour.

(6) Guarantee rights are limited to the aforementioned and any additional incurred costs (such as assembly, transport, duties and taxes etc.) and additional costs for assembly or material due to a model-change are not covered. Within the framework of our voluntary guarantee, the Consumer shall bear these costs.

(7) Our guarantee is valid only for the original Consumer who purchased the goods.

RETURNS POLICY

Besides any statutory revocation rights, we voluntarily provide for our Consumers a 14 day return policy subject to our returns process.

To be eligible for our returns process you must notify us in writing that you wish to return and complete the return of the Goods within 14 days from the delivery date of the Goods. All items for return must be in their original packaging, packed as received, in new condition, unused, unwashed, unaltered, and undamaged. If this can be complied with we will issue you with the return shipping address (at our discretion which will usually be the origin address of the Goods unless we agree otherwise). You will then arrange for shipping with a reputable carrier and provide us with proof of shipping to the address provided by us, subject to acceptance by us. Once we receive the Goods at the agreed address we can then inspect and confirm the returns process has been complied with and proceed to issue a refund.

We reserve the right to request photographic proof of the condition of the Goods and to process any refund upon receipt and inspection of the Goods by us. We also reserve the right to deduct an amount from the refund where the returned Goods are not in the original new condition required under the Returns Process when received by us. Please note that refunds can take some time to process due to the operations of the payment facility providers.

Any statutory revocation right remains unaffected.

 

WAIVER, INDEMNITY AND LIABILITY BY CONSUMER FOR USE OF GOODS

The regulations and compliance for the use of Goods including personal electric vehicles is varied around the World and the rules are dependent on the relevant jurisdiction.

(1) It is a condition of the sale of all Goods to the Consumer that in relation to the use of the Goods:

(2) That it is the Consumer’s sole responsibility to ensure that the Goods are at all times used in accordance with all relevant laws, regulations and rules (as updated or amended from time to time) which may vary depending on the location where the Goods are used;

(3) That use of the Goods may not be permitted or lawful on public roads or paths, and public areas in certain jurisdictions;

(4) That, unless otherwise permitted by law, the Goods are to be used on private property only;

(5) To defend, indemnify and hold us harmless from and against any and all claims (including negligence), liabilities, costs, expenses, losses, damages and settlement expenses, including legal costs, that we and/or related parties may incur, whether directly or indirectly, resulting from, in connection with or arising out of any unlawful use of the Goods to the fullest extent permitted by law; and

(6) To forever discharge and release us and our officers, employees and agents from all actions, suits, causes of action, demands, claims, costs, losses and expenses of every description whatsoever resulting from, in connection with or arising out of any unlawful use of the Goods (including use in breach of any laws, regulations and/or rules) to the fullest extent permitted by law.

GENERAL LIABILITY

(1) Our liability for negligence, other than for gross negligence, shall be limited to the maximum extent permitted at law.

(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant Order and Goods and assuming normal use of the Goods. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

(3) Except as specified by consumer laws, damage claims of the Consumer based on obvious defects of the Goods are excluded, unless the Consumer reports the defect within 14 days after the delivery of the Goods.

(4) Whilst every effort has been made to ensure the information contained within this Website is correct, we make no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.

We, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the Goods sold on it including, without limitation, loss or damage suffered as a result of negligence.

YOUR RESPONSIBILITIES

You agree not to post or transmit to the Website any material which:

Is threatening, defamatory, obscene, offensive, indecent, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.

Is not properly licensed for use on this Website.

Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.

Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.

Infringes on the rights of a third party in any country in the world.

Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).

You agree not to attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess user’s passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.

You may not reverse engineer, decompile, or disassemble the Website or technology, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

CREDIT CARD FRAUD

We, through our transaction providers, employs technology to protect transactions with our consumers. However, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorised manner as a result of using this Website.

SUPPLY OF GOODS

Subject to these Terms and Conditions, we will supply to you the Goods indicated on your Order confirmation.

When your Order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).

PRODUCTION OF YOUR GOODS

Your Goods will be manufactured and delivered to you in accordance with the estimated date stated on the website at the time of purchase.

DELIVERY OF YOUR GOODS, RISK AND INSURANCE

We make every effort to deliver your Goods purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Every effort is made to ship your Order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control.

Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall only be obliged to properly and in a timely manner deliver the Goods to the carrier, and any transit times specified on the Website shall be non-binding estimates.

If your Goods do not arrive within the estimated delivery time, please contact us.

The Consumer shall bear the usual return shipping costs when returning the goods for any reason unless we agree to pay for those costs.

Unless otherwise agreed by us, we will deliver your Goods to the address indicated on your Order confirmation. If no one is available to take delivery of your Order, our carrier may leave a card so you can pick-up your goods or other Goods from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release us and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by our Returns Policy for remake or refund, or by our carrier.

We will use our reasonable efforts to deliver your Goods to you within the estimated delivery time indicated on your Order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, we will not be liable for any delay or inability to deliver your Order within the estimated timeframe.

Risk and Title in Goods passes to you on the date and time of delivery of the goods to our nominated delivery agent in the country of export.

IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER

As noted above, if your offer is accepted by us in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant Goods to your nominated address will be arranged by us, you will be considered the importer of record in respect of those Goods.

CUSTOMS AND DUTIES

In respect of an Order of Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to us of the price.

In the United States, we are required to collect applicable state and local sales tax on orders shipped to the State of Washington, and California and such taxes will be applied to your Order total. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. We are required to follow the rules of each State. Your final Order will include the appropriate State and local taxes, as applicable in the United States.

REFUND PAYMENTS POLICY

In the instance where we provide you with a refund for any reason we reserve the right to do so by only paying the refund to the same credit card used when you paid for the Goods. Where a credit card is not used to pay for the Goods then the refund will normally be made to the original source used for payment eg. same bank account.

GENERAL

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.

We reserve the right to change the Terms and Conditions at any time.

No employee or agent of ours has the authority to vary any of the Terms and Conditions.

FORCE MAJEURE

We shall not be liable for any delay in performing any of its obligations outside of our control, and we will be entitled to a reasonable extension of time for the performance of such obligations.

GOVERNING LAW AND SEVERABILITY

This contract will be governed by the laws of Western Australia. Any dispute arising out of your use of the Website, or the Goods purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.

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