Terms & Conditions
1. About the Website
Welcome to jlmoto.com.au (the "Website"). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the "Products"). The Website provides this service by granting you access to the content on the Website (the "Purchase Services").
The Website is operated by JLMoto. Access to and use of the Website, or any of its associated Products or Services, is provided by JLMoto. Please read these terms and conditions (the "Terms") carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any services, immediately.
JLMoto reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JLMoto updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JLMoto in the user interface.
3. Customer Responsibilities
As a customer of JLMoto, it is your sole responsibility to ensure that the products purchased are suitable for your intended use and meet all safety standards upon receipt. Upon opening the packaging, customers must thoroughly inspect the products for any defects, damages, or discrepancies. Any issues must be reported to JLMoto immediately upon receipt of the merchandise.
In the case of helmets or other protective gear, customers are required to adhere to all safety guidelines provided by JLMoto, which include, but are not limited to, ensuring the proper fit, conducting regular inspections for wear and tear, and verifying that the gear is in a condition that is safe for use. Customers must also comply with all safety regulations established by state and federal governments.
JLMoto expressly disclaims any liability for injuries, damages, or losses incurred as a result of improper use, neglect, or failure to follow the recommended safety precautions after the customer has received and begun using the product. Personal liability rests solely with the customer, who assumes all risks associated with the use of JLMoto products. By using the products, the customer acknowledges that they have checked the fit and condition of the gear and that JLMoto bears no responsibility for any injury or damage that may occur thereafter.
4. Limitations on Use of Products
JLMoto products, including helmets and protective gear, are designed for on-road and off-road use. While JLMoto helmets meet or exceed ECE safety standards, they cannot guarantee protection in every situation, particularly in extreme or abnormal circumstances. Helmets are intended to reduce, but not eliminate, the
risk of injury in the event of an accident. JLMoto shall not be held liable for injuries, accidents, or fatalities arising from the use of our products or for incidents where the limits of product capabilities have been exceeded. Additionally, helmets should not be used after experiencing significant impact, as their protective ability may be compromised.
5. Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the "Purchase Price").
Payment of the Purchase Price may be made through several providers including but not limited to, PayPal, Afterpay and Google Pay (the "Payment Gateway Providers"). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
Once the Purchase Price has been paid in full, you will be issued a receipt to confirm that the payment has been received, and JLMoto may record your purchase details for future use.
JLMoto may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund under this clause.
6. Warranty
JLMoto’s Products 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality, and the failure does not amount to a major failure (the "Warranty").
You may make a claim under this clause (the "Warranty Claim") for material defects and workmanship in the Products within four weeks from the date of purchase (the "Warranty Period").
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to JLMoto showing the date of purchase of the Products, provide a description of the Products, and return the Products to JLMoto.
Where the Warranty Claim is accepted, JLMoto will, at its sole discretion, either repair or replace any defective Products (or part thereof) or provide you with a refund.
7. Copyright and Intellectual Property
The Website, the Purchase Services, and all of the related products of JLMoto are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) are owned or controlled by JLMoto or its contributors.
All trademarks, service marks, and trade names are owned, registered, and/or licensed by JLMoto. You agree not to replicate, modify, transmit, publish, sell, or distribute the Website's contents without the prior written consent of JLMoto.
8. Privacy
JLMoto takes your privacy seriously, and any information provided through your use of the Website and/or the Purchase Services is subject to JLMoto’s Privacy Policy, which is available on the Website.
9. General Disclaimer
You acknowledge that JLMoto does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
JLMoto will make every effort to ensure a Product is accurately depicted on the Website, but you acknowledge that sizes, colors, and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any warranties implied by law.
10. Limitation of Liability
JLMoto's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the most recent Purchase Price paid by you for the purchase of Products under the Purchase Services.
11. Termination of Contract
These Terms shall continue to apply until terminated by either you or JLMoto as set forth below. If you wish to terminate these Terms, you may do so at any time by notifying JLMoto.
JLMoto may, at any time, terminate these Terms with you if:
You have breached any provision of these Terms or intend to breach any provision.
JLMoto is required to do so by law.
JLMoto is transitioning to no longer providing products to customers in the country in which you are resident or from which you use the service.
The provision of products to you by JLMoto is, in JLMoto's opinion, no longer commercially viable.
JLMoto reserves the right to refuse service to any individual or entity at its sole discretion, without the obligation to provide a reason.
12. Indemnity
You agree to indemnify JLMoto, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your use of the Website.
13. Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms must give written notice to the other party detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute.
Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
Within 30 days of the Notice, attempt in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Queensland, Australia.
Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.
14. Force Majeure Clause
JLMoto shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, strikes, labor disputes, natural disasters, pandemics, government actions, or any other event that could not have been anticipated or avoided through the exercise of reasonable care. In such cases, JLMoto reserves the right to suspend or terminate the performance of any obligations until conditions return to normal. If the force majeure event persists for an extended period, either party may have the option to terminate the contract, and any payments made for undelivered products will be refunded.
15. Venue and Jurisdiction
The Purchase Services offered by JLMoto are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.