Terms

1. Definitions

1.1 Customer: Refers to:

• B2C Customer: Retail customers purchasing products for personal use.

• B2B Customer: Businesses purchasing products for resale or distribution, further divided into:

  • B2B Dealer: Authorised resellers who may have agreed credit terms.

  • B2B Drop Shipper: Businesses that purchase and directly ship products to end-users without credit terms.

1.2 Goods:

Refers to e-bikes, e-scooters, accessories, parts and products sold by Moov8 Pty Ltd.

1.3 Services:

Refers to support, warranty, and other offerings provided by Moov8.

1.4 Company/Moov8:

Refers to Moov8 Pty Ltd.

1.5 Default Rate:

Means 1.0%.

2. Acceptance of Terms

2.1 By accessing and using the Company’s eCommerce website, placing an order online or offline, purchasing the Goods and Services, testing the Goods, or entering into a contract with the Company, the Customer agrees to these Terms and Conditions, as well as any supplementary policies referenced on the Company website, including the Privacy Policy, Refund Policy, Shipping Policy, and Warranty Policy.

2.2 If a Customer disagrees with any provision of these Terms, they must refrain from purchasing or using the Goods and Services, as well as accessing the website.

3. Orders and Supply

3.1 These Terms apply to all orders placed by the Customer and supersede any inconsistent terms in the Customer’s documents unless agreed otherwise in writing by the Company.

3.2 The Company reserves the right to refuse or cancel any order for any reason, including but not limited to incorrect pricing, stock unavailability, or suspected fraudulent activity.

3.3 Any changes in the Customer’s ownership, name, or registered address must be communicated to the Company at least 14 days in advance.

3.4 Orders will only be processed upon confirmation of payment unless credit terms apply or agreed otherwise in writing.

3.5 Upon cancellation of any order, the Customer must indemnify the Company for any costs and expenses incurred prior to cancellation and must pay any reasonable cancellation charges set by the Company.

4. Pricing and GST

4.1 Unless otherwise stated, all prices are inclusive of GST.

4.2 The Customer must pay GST, without deduction or setoff, at the same time and on the same basis as they pay for the Goods.

4.3 The Customer indemnifies the Company for any loss incurred due to incorrect payment or non-payment of GST, fees, or penalties.

4.4 If the Company incurs penalties or interest due to the Customer’s failure to pay GST on time, the Customer must cover these costs upon demand.

4.5 Prices may change due to fluctuations in exchange rates, duties, shipping costs, or material costs.

4.6 Promotional offers and discounts are subject to the Company’s sole discretion and may be withdrawn at any time without notice.

5. Payment Terms

5.1 B2C Customers: Payment must be made in full at the time of purchase.

5.2 B2B Dealers:

Payment terms will be as per the credit agreement, typically within 14 days of the invoice date, unless otherwise specified.

Failure to comply with credit terms may result in suspension of credit facilities and/or cancellation of future orders.

5.3 B2B Drop Shippers: Payment must be made in full prior to shipment of Goods.

5.4 If the Customer has been granted credit facilities, payment is due as per the credit agreement.

5.5 Overdue payments will bear interest at the Default Rate (1.0%), calculated daily and compounded monthly from the date payment first becomes due.

5.6 Any costs incurred in recovering overdue payments, including legal fees, debt collection, and administrative costs, will be borne by the Customer.

5.7 The Company reserves the right to modify or withdraw credit terms at its discretion.

6. Delivery and Risk

6.1 Risk and title pass to the Customer when the Goods are handed over to the carrier.

6.2 Refer to the Company’s Shipping Policy for additional terms.

6.3 The Company has sole discretion in choosing the carrier and method of shipment.

6.4 Delivery times are estimates only. The Customer must accept Goods even if there is a delay. Delays do not affect the Customer’s statutory rights under Australian Consumer Law (ACL), including rights to remedies for major failures.

6.5 If the Company determines that it cannot deliver the Goods within a reasonable time (or at all), it may cancel the order at its sole discretion. If an order is cancelled, the Customer will have no claim against the Company for any loss or damage, including consequential losses.

7. Customer Covenants

7.1 The Customer acknowledges that all the Goods details, including dimensions, illustrations, and images, are approximate only. Any variations will not entitle the Customer to make a claim against the Company for loss or damage, including consequential loss.

7.2 The Company accepts no responsibility for errors in dimensions, quantities, or specifications where the error arises from the Customer’s order.

7.3 Nothing in these Terms limits or excludes the Customer’s rights under the ACL.

8. Right to Limit Sales and Modify Goods

8.1 The Company reserves the right, but is not obligated, to restrict the sale of Goods or Services to any individual or business, geographic area, or jurisdiction on a case-by-case basis. The Company may also limit the quantity of Goods or services offered at our sole discretion. Product descriptions, specifications, images, and pricing may change at any time without prior notice. The Company also reserve the right to discontinue any product at any time.

9. Inspection, Discrepancy, and Returns

9.1 The Company is not obligated to accept any return of Goods for credit.

9.2 The Goods must be unused in their original saleable packaging and include all accessories, manuals, and instructions.

9.3 Customer purchases Goods on credit and wishes to return them due to a change of mind within 7 days from the purchase date, only store credit will be issued. The credit amount will not exceed the original purchase value, deducting:

• Restocking fees, and

• Any associated return costs, including inspection, handling, and transportation fees.

The final credit amount is at the sole discretion of Moov8 and will be issued as store credit only, not as a refund.

9.4 The Customer must, within 7 days of receipt of the Goods, notify the Company that it wishes to return the Goods, including a statement confirming why the Goods are being returned.

9.5 If the Company agrees to accept the returned Goods, the Company will provide a return authorisation number (Authorisation Number).

9.6 Upon receipt of the Authorisation Number, the Customer has 7 days to return the Goods. Any Goods returned after 7 days of receipt of the Authorisation Number will incur a 15% restocking fee.

9.7 The Customer must bear the cost of return freight and transport charges unless the Company agrees otherwise in writing. If the return is due to a change of mind or reasons other than a defect, the Customer must also cover the initial shipping costs incurred by the Company to deliver the Goods, or the Company may deduct this amount from any refund or credit issued.”

9.8 Refer to the Company Shipping Policy for additional information.

9.9 Nothing in this clause limits the Customer’s statutory rights under the ACL. This returns policy does not affect statutory guarantees, including rights to remedies for defective Goods or major failures.

10. Goods Testing or Test Riding

Customers who wish to test or take a test ride of Moov8’s Goods acknowledge that they have read, understood, and accepted the following terms on the Company’s website prior to engaging in any testing or riding activity:

10.1 Customers must provide a valid form of photo identification (such as a driver’s license or passport) along with a valid credit or debit card for the duration of the test ride.

10.2 Customers must exercise due care when handling the Goods and associated equipment. Any damage or loss occurring during the test ride will be the sole responsibility of the Customer, and they accept liability for the full cost of repair or replacement.

10.3 Customers acknowledge and accept full liability for any injury, loss, or damage caused to themselves, third parties, or any property while testing or riding the Goods. Moov8 will not be held responsible for any such incidents.

10.4 Customers understand that riding the Goods is a physical activity that involves inherent risks. Customers must ride within their personal capabilities and should not test or ride the Goods if they have any medical conditions that may be aggravated by the activity.

10.5 While the Company ensures that test ride Goods are maintained to a high standard, the Company does not guarantee that the Goods will be free from defects during the test ride. If the Customer notices any fault or mechanical issue, they must stop riding immediately and return the Goods to the store.

10.6 Customers voluntarily assume all risks associated with testing or riding the Goods and waive any claims against the Company, its employees, directors, contractors, and agents for injury, damage, or loss arising from the activity.

10.7 By proceeding with a test ride, Customers fully release and indemnify the Company, its employees, directors, agents, and affiliates from any claims, liabilities, or expenses arising from their participation in the test ride.

By proceeding with the test ride, the Customer agrees to these terms.

11. Errors, Inaccuracies, and Omissions

11.1 The Company’s website may contain errors, inaccuracies, or missing information about product descriptions, images, pricing, promotions, shipping charges, transit times, and availability.

11.2 The Company reserves the right to correct errors, update information as and when aware, or cancel orders at any time without notice, including after an order has been placed. We are not obligated to update or clarify any information unless required by law. The absence of a stated update date should not be assumed to mean that all information is current.

12. No Warranty on Product Expectations

12.1 The Company does not guarantee that any products, services, information, or materials you purchase will meet your expectations.

12.2 This clause does not exclude, restrict, or modify the application of statutory warranties or guarantees under the ACL.

12.3 Nothing in these Terms limits or excludes the Customer’s rights under the ACL.

13. Third-Party Links

13.1 Some content, products, or services available on our website may include materials from third parties.

13.2 Links to third-party websites may direct you to sites that are not affiliated with us. We are not responsible for reviewing or verifying their content and do not provide any warranties regarding their accuracy. The Company will not be liable for any third-party materials, products, services, or transactions.

13.3 If you engage with a third-party website, you do so at your own risk. Please review their policies and terms before making any transactions. Any complaints or concerns regarding third-party products should be directed to the respective third party.

14. Warranty and Limitation

14.1 Warranty Coverage

The Company warrants to provide free replacement parts (at its sole discretion) for any Goods or components found to have manufacturing defects under normal use, provided they fall within the applicable limited warranty period. However, all associated costs, including labour, transportation, and installation, must be borne by the Customer.

14.2 Customer’s Risk During Inspection or Repair

When the Goods are in the Company’s custody for inspection, investigation, or repair—whether under limited warranty or not—they remain at the Customer’s risk. The Company, its employees, directors, contractors and agents shall not be liable for any damage incurred during this period.

14.3 Warranty Exclusions

The limited warranty is null and void under the following circumstances:

• Goods are sold outside Australian Safety Standards and delivered by a third party in an unauthorised manner.

• Goods are not assembled by a qualified mechanic.

• Goods are not mechanically checked before collection in-store or at the time of assembly by qualified mechanic in case of online purchase.

• Customers fail to use the Goods and Services as the User Manual.

• Damage due to exceeding the recommended maximum load limit.

• Water damage, physical damage, incorrect charging, or use of a non-Company charger, including damage from power surges.

• Battery overheating or improper storage against the Goods user’s manual.

• Use of the product for commercial activities (e.g., deliveries, rentals, sub-leasing, courier services).

• Lack of regular maintenance and servicing per manufacturer guidelines.

• Human error, accidents, or negligence causing damage.

• Unauthorised modifications to the product.

• Disassembly or repair by an unqualified mechanic.

• Damage occurring during assembly, transportation, courier transit, loading, unloading, or handling.

• Failure to charge the battery at least once every three months. Extended disuse without charging may cause permanent battery damage, voiding the warranty.

15. Intellectual Property

15.1 All trademarks, logos, and content on Moov8’s website remain Moov8’s property.

16. Confidentiality

16.1 “Confidential Information” refers to any information which has commercial value and is either:

(i) technical information, including patents, copyrights, trade secrets, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, documents, and formulae related to the current, future, and proposed products and services of the Company; or

(ii) non-technical information relating to the Company’s products, including but not limited to the name of suppliers and manufacturers, distributors, dealers, retailers, data analytics, pricing, deals, discounts, offers, margins, merchandising plans and strategies, finances, financial and accounting data and information, customers, customer lists, purchasing data, sales and marketing plans, future business plans, and any other information which is proprietary and confidential to the Company.

16.2 The Customer must maintain strict confidentiality of such information and must not disclose it to any third party without prior written consent from the Company.

16.3 Confidentiality obligations under this clause shall survive termination of these Terms and continue for a period of 5 years.

17. Limitation of Liability and Indemnity

17.1 The Company, its employees, directors, contractors, and agents will not be liable for any loss or damage (including consequential loss or damage) of any kind whatsoever.

17.2 The liability of the Company is limited to the replacement, repair, or refund of the Goods, as determined by the Company.

17.3 The Customer acknowledges it has relied solely on its own inspection, skill, and judgment in consigning the Goods and Services.

17.4 Nothing in these Terms limits or excludes the Customer’s rights under the ACL.

18. Governing Law and Dispute Resolution

18.1 These Terms are governed by the laws of Queensland, Australia. Any disputes arising under these Terms must first be referred to mediation in Brisbane before any other dispute resolution process is pursued.

19. Termination

19.1 The Company reserves the right to terminate any agreement with the Customer for material breaches, with prior written notice.

20. Force Majeure

20.1 The Company is not liable for delays or cancellations due to events beyond its control, including but not limited to natural disasters, strikes, or other unforeseen circumstances.

21. Severability

21.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. Entire Agreement

22.1 These Terms constitute the entire agreement between The Company and the Customer, superseding all prior agreements and understandings.

23. Changes to Terms of Service

23.1 The Company may update or change these Terms of Service at any time by posting updates on our website. It is the Customer’s responsibility to check for changes periodically. Continued use of the website or Goods and Services after updates to these Terms constitutes Customer acceptance of the revised Terms.

24. Notices

24.1 All notices must be in writing and sent to Moov8 at [email protected]