TERMS OF SERVICE

Contents:

  1. Foreword

  2. Terminology

  3. General Terms

  4. Legislation & Laws Regarding the Use of Personal Mobility Devices

  5. Use of the Benzina Zero Website

  6. Making a Purchase

  7. Provision of Services & Products

  8. Optional Tools

  9. Payment Providers

  10. Third-Party Links

  11. User Comments, Feedback,& Other Submissions

  12. Personal Information

  13. Errors, Inaccuracies, or Omissions

  14. Prohibited Uses

  15. Disclaimer of Warranties, Limitation of Liability

  16. Indemnification

  17. Severability

  18. Termination

  19. Entire Agreement

  20. Governing Law

  21. Special Offers

  22. Licencing & Registration

  23. The Benzina Zero Dealership Network

  24. Contact Information

SECTION 1 - FOREWORD

Please read these Terms of Service carefully before accessing or using the Benzina Zero website, or making a purchase of any nature. By accessing or using any part of the site, or by purchasing any product, whether through the online store, by phone, email, or in person, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website, use any services, or purchase any products. Continuing to use the website, engaging with Benzina Zero’ employees, or purchasing a product from Benzina Zero stands as an acceptance of these Terms of Service. 

Benzina Zero offers this website, including all information, tools, products, & services available from this site to you, the User, conditional to your acceptance of all terms, conditions, policies & notices stated here. 

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

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 2 - TERMINOLOGY

This website is operated by Benzina Zero. Throughout the site, the terms “we”, “us”, and “our” refer to Benzina Zero & its respective directors, officers, employees, interns, & partners. 

“Customer” and “Customers” refer to any individual(s) or Third Parties that have purchased any product or engaged with any service from Benzina Zero regardless of the time that has passed between today’s date and the date those individuals or Third Parties became Customers. 

“User” and “Users” relate to any individual(s) or Third Parties that have engaged with the Benzina Zero website or employees that have not yet become a Customer. 

“Third Party” or “Third Parties” relate to any individual(s) or Third Parties that are not classed as a “Customer” or a “User.” This may include affiliates, contractors, delivery partners, agents, suppliers, service providers, or licensors.

“Personal Mobility Device” or “PMD” refers to any electric scooter, electric bike, or any other electric vehicle for sale, past, present, or future, on the Benzina Zero website. 

“Services” refers to any service offered by Benzina Zero, including the sale & purchase of any product, the repair or mechanical service of any product, the advice or instruction given by any member of the Benzina Zero team, or any interaction with Benzina Zero by a Customer. 

SECTION 3 - GENERAL TERMS

How often are these Terms of Service updated?

Benzina Zero reserves the right, at its sole discretion, to change, replace, modify, add, and remove any of the terms listed in this document at any time without notice to any Customer, website User, employee, or Third Party by posting updates and changes to the Benzina Zero website. It is the Customer’s responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Anyone can review the most current version of the Terms of Service at any time on this page.

When were these Terms of Service last updated?

These Terms of Service were last updated on Thursday 4th April, 2024. All Users, Customers, and Third Parties that interact with Benzina Zero in any way from this date will be subject to these Terms of Service. 

What platform powers the Benzina Zero website?

benzinazero.com is hosted on Squarespace. This provides the online e-commerce platform that allows Benzina Zero to sell products and services.

Does Benzina Zero use Third Party software & services?

Benzina Zero reserves the right to use any Third Party software, tool, or service as it deems necessary for the operation of the business & the provision of its Services. Benzina Zero does not have to disclose which software, tools, or services it uses to any User, Customer, or Third Party. 

How do I agree to the Terms & Conditions?

By visiting the Benzina Zero site, or engaging in the Benzina Zero Services, whether online, in person, by email, or over the phone, Users, Customers and Third Parties are agreeing to be bound by the following Terms & Conditions, hereby referred to as “Terms”, “the Terms,” or “Terms of Service.”

The Terms shall apply to all Users, Customers, and Third Parties without limitation, regardless of their reason for visiting the Benzina Zero website.

I agreed to the Terms & Conditions but didn’t actually read them. Do they still apply? 

False acceptance of these Terms of Service, whether through continued use of the website, making a purchase of any product, whether through the website, by phone, over email, or in store, or verbally accepting these Terms without understanding what they are is not a cause for a suspension of these Terms of Service, and all conditions listed within remain fully enforceable. 

I didn’t know I had to agree to the Terms & Conditions. Do they still apply?

As determined in Section 3 - General Terms, continued use of the website, and/or making a purchase, whether by phone, email, website, or in store stands as an acceptance of the Terms of Service. 

SECTION 4 - LEGISLATION & LAWS REGARDING THE USE OF PERSONAL MOBILITY DEVICES

It is the complete responsibility of the Customer to ensure that any products purchased operate by all country, state, and local laws. The Customer assumes all liability and risk associated with the use of Personal Mobility Devices and holds Benzina Zero, its owners, and its employees free from any liability caused by their use.

Each state and territory in Australia maintains a different set of rules and regulations for the usage of PMDs and associated products, including the requirements for legal use and whether registration with the relevant local road traffic authority is necessary. It is the responsibility of Customers to ride with caution, wear a helmet and protective gear during use, and ensure compliance with local by-laws including requirements of use. Any information or representation provided by Benzina Zero is of a general nature and may vary between Users depending on individual circumstances. For more information, please check local laws before use.

Is the Customer responsible for knowing local laws relating to the use of Personal Mobility Devices?

By purchasing any product on the Benzina Zero website, the Customer warrants & confirms that they, and they alone, are aware of their local legislation in relation to using the items included in their purchase(s). The consequences of a Customer’s decision to purchase a Personal Mobility Device that may contradict or break their local legislation shall apply only to the Customer. 

Benzina Zero may advise Customers of local legislations, but we do not dispense legal advice, nor do we endorse the breaking of any law, whether local, state, or federal in nature. 

I’m buying a product for someone else. Who is responsible for ensuring that person(s) knows their local laws regarding the use of PMDs?

The individual(s) who purchased the product from Benzina Zero are responsible for ensuring that the ultimate owner of the product(s) is aware of all their local laws & legislation regarding the use of PMDs. Benzina Zero shall not accept returns or offer refunds for PMDs purchased as gifts that do not meet the local laws of the ultimate product owner’s residence. 

I didn’t know PMDs were illegal in my state when I purchased from Benzina Zero. Can I return my purchase or get a refund? 

The Customer assumes all responsibility for knowing & understanding all laws, rules, & regulations relating to the use of Personal Mobility Devices in their local government area or state. Benzina Zero will not offer any refunds or accept any product returns in the event the Customer purchased without being aware of local legislation in relation to use or ownership of a Personal Mobility Device unless that product is unopened, unused, in the same condition in which it left the Benzina Zero depot, and the product return occurs within 30 days of the product being purchased. 

For more information on product returns, read the Benzina Zero Return Policy here.

My local PMD laws have changed since I purchased from Benzina Zero. Can I return my purchase or get a refund?

Benzina Zero does not accept return products or offer any refunds for products that have been outlawed by changing government regulations relating to use or ownership of a Personal Mobility Device unless that product is unopened, unused, in the same condition in which it left the Benzina Zero depot, and the product return occurs within 30 days of the product being purchased.

I have been fined for using a PMD that doesn’t meet my state’s local legislation. Am I entitled to compensation from Benzina Zero? 

The Customer assumes all responsibility for the consequences of using a Personal Mobility Device that breaks or contradicts legislation in their local government area or state. 

Benzina Zero does not and will not offer any form of compensation or offer a refund of any nature to Customers that have been issued fines, had their PMD confiscated, or any sort of legal proceeding taken against them as a result of using their products in contradiction of their local laws. 

I was given incorrect advice on PMD laws in my state by a member of the Benzina Zero team. Am I entitled to compensation? 

Benzina Zero is not an expert in local laws & legislation, nor is Benzina Zero & its respective employees qualified to dispense legal advice of any nature to User, Customer, or Third Party. Thus, Benzina Zero does not accept responsibility for incorrect or out-of-date advice in relation to PMD legislation provided by any member of the Benzina Zero team. The Customer assumes all responsibility for understanding their local Personal Mobility Device regulations. 

Is it illegal to sell Personal Mobility Devices in Australia?

It is not illegal to sell Personal Mobility Devices in Australia, nor is it illegal to own a Personal Mobility Device in Australia. Benzina Zero is not in breach of any law by advertising & selling Personal Mobility Devices, and Customers are not breaking any laws by owning a Personal Mobility Device. 

Because it is not illegal to sell such items, Benzina Zero does not offer any refunds or accept any product returns if the Customer believes they have been mis-sold a product that does not meet legal requirements. 


SECTION 5 - USE OF THE BENZINA ZERO WEBSITE

Does Benzina Zero collect any data about me from its website?

When a User visits the Benzina Zero site, the site automatically collects certain information about the User’s device, including information about the web browser, IP address, time zone, and some of the cookies that are installed on the User’s device. 

Additionally, as Users browse the Site, Benzina Zero collects information about the individual web pages or products that the User views, what websites or search terms referred the User to the Site, and information about how the User interacts with the Site. 

For more details on the information Benzina Zero collects from website Users, review the Benzina Zero Privacy Policy here. 

Can I copy content from the Benzina Zero website? 

The Benzina Zero website is intellectual property, and as such, cannot be copied, recreated, duplicated, whether partially or in full, under any circumstances. This covers all past, present, and future features and designs of the Benzina Zero website. 

Benzina Zero content, including videos, blogs, photography, iconography, or logos, can be reproduced and shared so long as credit is given to the original author/ owner of that content, which is Benzina Zero. Failure to give credit to Benzina Zero for any use of its content may result in legal action being taken against the Third Party responsible for the content duplication. 

Benzina Zero content, including videos, blogs, photography, iconography, or logos, must not be used for commercial or advertising purposes by any User, Third Party, or Customer. 

Do the same terms apply to features added to the website in future?

Any new content, features or tools that are added to the current store shall also be subject to the Terms of Service. Users can review the most current version of the Terms of Service at any time on this page. 

Can I share the Benzina Zero website?

Any Third Party is welcome to share the Benzina Zero website by email, SMS, written testimonial, video testimonial, social media, or other public platform provided doing so is not an attempt to criticise, denigrate, mock, or negatively publicise the Benzina Zero brand, Services or employees.

SECTION 6 - MAKING A PURCHASE

By making a purchase of any product from Benzina Zero, the Customer warrants that:

  • They are at least the age of majority in their state or province or residence, and;

  • They have the experience or knowledge relating to the safe use of their purchased products, and;

  • They have sufficient funds available to cover all purchase costs including merchant fees, shipping, credit cards fees etc., and;

  • They understand all their local laws & legislation regarding the use of PMDs, and;

  • They are not placing a fraudulent order with a stolen identity, false details, or a stolen payment method(s), and;

  • They will use their purchased products in accordance with local & state legislation regarding the use of PMDs, and;

  • They accept & agree to be bound by the Benzina Zero Returns Policy, Warranty Policy, Refund Policy, Exchange Policy, & Shipping Policy, and;

  • They accept that any product designed to be used on roads will need an adequate roadworthy certification and registration from their state’s automotive authority, the costs of which must be covered by the Custoner, and;

  • They agree to be bound by these Terms of Service. 

Is every product sold by Benzina Zero new?

Benzina Zero does not purchase, stock, advertise, sell, or supply second-hand, used, pre-owned, or reconditioned products unless specified in the product listing. As such, every product sold by Benzina Zero is supplied brand new, and in its original packaging unless otherwise stated. Benzina Zero reserves the right to change or update this Term at any point without notice by updating the website and the Terms of Service policy. 

My packaging has been opened. Did I receive a used product? 

Some items may have been opened by a member of the Benzina Zero team before shipping in to ensure quality, or to add items to the box, such as accessories or upgraded parts. 

I have only partially paid for my order. Will it be shipped before I complete payment?

No order, regardless of size, included products, destination, Customer, location, or Customer history with Benzina Zero shall be shipped before payment is received from the Customer by Benzina Zero. 

Does Benzina Zero price match?

Benzina Zero provides superior service, exclusive products, free delivery (exclusions apply), a national service network & warranty repairs on all items sold. As such, Benzina Zero does not price match any product to the prices listed by a competitor. 

I purchased from Benzina Zero and found the same product cheaper elsewhere. Am I entitled to a partial refund?

The Customer is responsible for conducting product research, including performance & pricing. As such, Benzina Zero offers no refunds, whether partial or full, or returns for Customer remorse in the event a Customer finds the same product cheaper elsewhere after they have made their purchase with Benzina Zero.

Do I have to show any sort of ID to place an order with Benzina Zero?

Benzina Zero reserves the right to ask the Customer to show proof of identity, including but not limited to driver’s licence, passport, credit card used to make the purchase, or proof of address upon request. This is to help prevent fraudulent transactions and credit card fraud. 

Can Benzina Zero cancel my order before it is delivered?

Benzina Zero reserves the right to refuse to fulfil any order placed with us. Benzina Zero may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 

In the event that Benzina Zero makes a change to or cancels an order, Benzina Zero may attempt to notify the Customer by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Benzina Zero reserves the right to limit or prohibit orders that, in Benzina Zero’ sole judgement, appear to be placed by dealers, resellers or distributors.

Can Benzina Zero cancel my order if it cannot be shipped to my location?

Unfortunately, some rural, remote, or island destinations lie beyond Benzina Zero’s delivery network. In the event Benzina Zero cannot source a courier or delivery partner to deliver the Customer’s order to the nominated shipping address, Benzina Zero may cancel the order & offer a full refund. 

Alternatively, if a courier is available, but the cost of delivering the order is too high for Benzina Zero to reasonably cover as part of the purchase price, Benzina Zero may offer the Customer the opportunity to cover the cost of shipping themselves, or source their own courier service. Should the Customer not wish to source their own courier or cover the cost of the courier recommended by Benzina Zero, they shall be offered a full refund for the cost of their order. 

Can Benzina Zero cancel orders it believes to be fraudulent?

From time to time the Benzina Zero system will automatically identify a transaction as fraudulent. Regardless of whether this system is correct, Benzina Zero reserves the right to cancel any order it deems as suspicious or fraudulent in order to prevent credit card fraud. In the event this happens, Benzina Zero will make every attempt deemed necessary to confirm Customer details by requesting identity documents or evidence of payment method ownership. Should the Customer be uncontactable, or unable to verify their identity, Benzina Zero may cancel the Customer’s order. Should this happen, any payment made by the Customer to Benzina Zero will be refunded within 2-4 business days. 

Can Benzina Zero pursue legal action for fraudulent transactions?

In an effort to curb credit card fraud, Benzina Zero, may, at its sole discretion, pursue legal action against Customers who make a fraudulent transaction, or who conduct a Chargeback after receiving their order. This may include notifying and submitting Customer Details to the Police or local law enforcement. 

My credit card was flagged as fraudulent. Can I still use it to buy products from Benzina Zero?

If a Customer order is rejected, Benzina Zero will offer the option to pay via another method, including bank transfers or merchant payments. Once an order is flagged in the Benzina Zero system as a "high risk of fraud", Benzina Zero is unable to accept payment via credit card. 

Can I cancel an order placed by someone else?

Benzina Zero does not offer refunds or accept product returns in the event that a purchase is made by an unauthorised Third Party. This includes, but is not limited to:

  • Underage Customers, or;

  • Customers subject to the Power-of-Attorney by a Third Party, or;

  • Customers who may suffer from any degree of illness or debilitation that makes them unable to make rational decisions or understand the consequences of their actions. 

While every attempt is made to verify that each Customer is of sound body and mind when Benzina Zero interacts directly with a Customer, given the nature of online transactions, Benzina Zero is not liable to any Third Party for the sale of products that are unsuitable for the Customer. 

I used the incorrect details for my order. What happens next?

Incorrect details are considered:

  • Incorrect name

  • Incorrect email

  • Incorrect phone number

  • Incorrect billing address

  • Incorrect shipping address

  • Incorrect payment details

As soon as the Customer becomes aware that they have entered any of the incorrect details listed above, it is the responsibility of the Customer to update Benzina Zero before their order is dispatched. 

Benzina Zero is not liable or responsible for replacing or refunding any order that is not delivered correctly due to incorrect order details supplied by the Customer at point-of-sale. 

Please note that Benzina Zero may not be able to change certain details included with an order such as the delivery address or delivery name, particularly in the event the order has already shipped. 

Can I use fake information to place an order?

The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at Benzina Zero. The Customer agrees to promptly update their account and other information, including email address, credit card numbers and expiration dates, so that Benzina Zero can complete transactions and contact the Customer as needed.

Any Customer that knowingly or accidentally submits false information when purchasing any product from Benzina Zero will still be bound by these Terms. 

SECTION 7 - PROVISION OF SERVICES AND PRODUCTS

Benzina Zero reserves the right to refuse service to anyone or cancel any order for any reason at any time without notice or explanation. This includes, but is not limited to:

  • Fraudulent, or potentially fraudulent orders,

  • Purchases of PMDs that are unsuitable for the Customer’s age or riding ability,

  • Purchases of PMDs that are unsuited for the Customer’s intended use, 

  • Customers that cannot pay, or cannot complete payments, for their orders,

  • Customers that are rude, abusive, or aggressive in their dealings with Benzina Zero. 

  • Customers that threaten Benzina Zero or its employees with acts of violence, negative press/ publicity, vandalism, or threats of a sexual nature. 

Benzina Zero shall not refuse service to any Customer based on their race, gender, age (unless Customer is underage), sexual orientation, religion, or disability. 

Does Benzina Zero enforce purchase limits, or limits on what products can be purchased by a Customer?

We reserve the right to, but are not obligated to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 

Is every product available online? 

Certain products or services may be available exclusively online through the website. Although certain products are only available to be purchased through our network of stores. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Is every product available in-store?

Benzina Zero has display models of the most popular PMDs & products available for viewing at its store locations. Benzina Zero does not guarantee that the customer’s desired product(s) will be available at the store locations at all times. However, contacting the store location ahead of time will help Benzina Zero ensure the customer’s desired items are available. 

Can I test-ride products before purchasing?

Benzina Zero can, but is not obligated to, offer test-rides of select PMDs to Customers at our store locations, although Third Parties will be unable to borrow or take PMDs away from the store locations for any period of time. 

All test rides must comply with local laws regarding the use of PMDs, and full protective clothing must be worn by any Customer that wishes to test a product. 

Benzina Zero does not open boxed products for the purposes of test-rides. 

Benzina Zero reserves the right to refuse any request for a test-ride. 

Can I buy display models & floor stock?

Customers may, at the sole discretion of Benzina Zero, be able to buy floor stock or display models. These products may be priced differently from the prices displayed on the Benzina Zero website, and some purchase benefits such as warranties and free delivery may be excluded for display models. 

Is every product advertised on the website accurately represented & fully up to date? 

Benzina Zero has made every effort to display as accurately as possible the colours and images of our products that appear at the store. Benzina Zero cannot guarantee that your computer monitor's or device’s display of any colour will be accurate. While every effort is made to ensure all product details, descriptions, and specifications are accurate, we take no responsibility for omissions, mistakes, or errors and will not offer refunds for inaccurate information. 

Who produces the performance details for products on the Benzina Zero website?

Details on the performance of each product and PMD are issued by the product manufacturer, and statistics may be produced under test conditions that are difficult to replicate in real-world environments. Benzina Zero does not offer refunds or replacements arising from the performance of a product being different from the manufacturer’s provided performance details. 

While Benzina Zero has no responsibility to test or verify any details provided by a product manufacturer, Benzina Zero makes every effort to provide the most accurate information in relation to the products on the website. However, Benzina Zero cannot guarantee every Customer will have the same experience in relation to performance, lifespan, range, product durability due to how each Customer chooses to use their product. 

Why are there discontinued or unavailable products still available on the Benzina Zero website? 

Benzina Zero, at its discretion, may choose to leave discontinued, deprecated, or now-unavailable products advertised on its website for marketing purposes, or for reference in our content publications such as blogs. Benzina Zero will not sell current & available products for the same prices as out-of-stock or discontinued items. 

How often is the content on the Benzina Zero website updated?

The Benzina Zero site may contain certain historical information. Historical information, necessarily, is not current and is provided for Customer reference only. Benzina Zero reserves the right to modify the contents of its site at any time, but has no obligation to update any information on our site. The Customer agrees that it is the Customer’s responsibility to monitor changes to the Benzina Zero website.

Benzina Zero is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the Customer’s own risk.

How often can Benzina Zero change prices of products? 

Benzina Zero reserves the right to modify the prices of any product at any time without any notice, advertisement, or warning to any person. 

Benzina Zero shall not be liable to the Customer or any Third Party for any modification, price change, suspension, or discontinuation of our product or service. 

Can Benzina Zero remove products from the website?

Benzina Zero reserves the right to discontinue any product, product brand, or collection of products at any time without notice, advertisement, or warning to any person. 

Does Benzina Zero have a satisfaction guarantee?

Benzina Zero does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet expectations, or that any errors in the service will be corrected.

SECTION 8 - OPTIONAL TOOLS

Benzina Zero may provide its Customers/Users with access to Third Party tools over which Benzina Zero does not have any control or input, or that are not monitored by Benzina Zero. The Customer acknowledges and agrees that Benzina Zero provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Benzina Zero shall have no liability whatsoever arising from or relating to Customer use of optional Third Party tools.

What is a Third Party tool?

A Third Party tool is any software, whether online or application-based, that is not built, owned, or managed by Benzina Zero, for example, Afterpay, Paypal, ZipPay, call-recording software, shipping & delivery calculators provided by couriers & delivery services.

Who is liable for use of Third Party tools?

Any use by a Customer of optional tools offered through the site is entirely at their own risk and discretion. The Customer/ User should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant Third Party provider(s).

Will new Third Party tools be governed by these Terms?

Benzina Zero may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - PAYMENT PROVIDERS

Benzina Zero may, at its sole discretion, add or remove any method of payment from its website without notice, advertisement or warning to any Third Party. This includes accepting or rejecting certain credit card providers or Buy-Now, Pay-Later (BNPL) providers. 

Customers shall be entirely responsible for understanding the latest version of any and all Terms & Conditions of their chosen payment method.

Can Benzina Zero offer advice on which payment provider I should use?
Benzina Zero are not qualified financial advisors, so any advice dispensed by Benzina Zero or its employees in relation to payment methods or finances is of a general nature. As such, Benzina Zero shall not be liable for any financial problems, implications, or damages that arise from use of a recommended payment method or financial service. 

SECTION 10 - THIRD PARTY LINKS

Certain content, products and services available via the Benzina Zero Service may include materials from Third Parties.

What are Third Party Links?

Third Party links on this site may direct the Customer to Third Party websites that are not affiliated with Benzina Zero, for example, an external site managed by a Third Party that reviews Personal Mobility Devices, or a payment portal provided by a payment provider. 

Who is responsible for the content found on Third Party Links?
Benzina Zero is not responsible for examining or evaluating the content or accuracy of content, does not warrant and will not have any liability or responsibility for any Third Party materials or websites, or for any other materials, products, or services of Third Parties.

A Third Party Link shall not indicate that Benzina Zero has any affiliation with the provider of the Third Party Link, although Benzina Zero may earn a commission from certain Third Party Link providers. Benzina Zero may, at its discretion, choose not to disclose such instances with any User, Customer or Third Party. 


Does a Third Party-Link mean Benzina Zero shares the same beliefs as the Third Party content provider?

The use of a Third Party Link on the Benzina Zero website is not a confirmation that Benzina Zero supports any political, social, economical, legal, environmental, or technological beliefs or viewpoints presented by Third Party-content or its authors.

Who is responsible for harm or damages caused by Third Party links

Benzina Zero is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party websites. Please review carefully the Third Party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third Party products should be directed to the Third Party.

SECTION 11 - USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at the request of Benzina Zero, a User or Customer sends certain specific submissions (for example, contest entries or product reviews) or, without a request from Benzina Zero, a User or Customer sends creative ideas, suggestions, proposals, plans, reviews, testimonials or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), those Users and Customers agree that Benzina Zero may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that have been forwarded. Benzina Zero is and shall be under no obligation to:

  • maintain any comments in confidence, or; 

  • pay compensation or reimburse author for any comments, or;

  • post, upload, or advertise any comments publicly, or;

  • respond to any comments.

Can Benzina Zero remove content that I have shared publicly?

Benzina Zero may, but has no obligation to, monitor, edit or remove content that is determined in Benzina Zero’ sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

This includes, but is not limited to comments on advertisements, social media posts or negative reviews of any nature. 

SECTION 12 - PERSONAL INFORMATION

The submission of personal information through the Benzina Zero store, whether submitted by email, phone, or through the website itself, is governed by the Benzina Zero Privacy Policy. To view that Privacy Policy, click here. 

SECTION 13 - ERRORS, INACCURACIES OR OMISSIONS

Occasionally there may be information on the Benzina Zero site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Benzina Zero reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after a Customer has submitted their order).

Benzina Zero undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, all Third Parties are prohibited from using the site, its content or any product or service supplied by Benzina Zero: 

  • for any unlawful purposes, or;

  • to solicit others to perform or participate in any unlawful acts, or;

  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or;

  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others, or;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or;

  • to submit false or misleading information, or; 

  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, or; 

  • to collect or track the personal information of others, or;

  • to spam, phish, pharm, pretext, spider, crawl, or scrape, or;

  • for any obscene or immoral purpose, or; 

  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

Benzina Zero reserves the right to terminate any Third Party use of the Service or any related website for violating any of the prohibited uses. Benzina Zero shall not be liable to any Third Party, including User, Customer, Third Party, supplier, wholesale client, affiliate, legal or authoritative body, for any issue that arises from any of the prohibited uses outlined above. 

SECTION 15 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

Benzina Zero does not guarantee, represent or warrant that the use of Benzina Zero services & products will be uninterrupted, timely, secure or error-free.

Benzina Zero does not warrant that the results that may be obtained from the use of the service or products will be accurate or reliable.

Can Benzina Zero cancel or remove their service indefinitely or permanently?
The Customer agrees that from time to time Benzina Zero may remove the service for indefinite periods of time or cancel the service at any time, without notice to any Third Party.

Who assumes the risk with use of the Benzina Zero products or services? 

The Customer expressly agrees that their use of, or inability to use, the Services is at their sole risk. The Service and all products and services delivered to the Customer through the Service are (except as expressly stated by Benzina Zero) provided 'as is' and 'as available' for use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Who is liable in the event of injuries or losses sustained through use of Benzina Zero products or services? 

In no case shall Benzina Zero, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of life, replacement costs, physical or mental injury or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from use of any of the Service or any products procured using the Service, or for any other claim related in any way to use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Benzina Zero’ liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

The Customer agrees to indemnify, defend and hold harmless Benzina Zero and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third Party due to or arising out of customer breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a Third Party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

If, in the sole judgement of Benzina Zero, a Customer, User, or Third Party fails, or Benzina Zero suspects that a Customer, User, or Third Party has failed to comply with any term or provision of these Terms of Service, Benzina Zero also may terminate this agreement at any time without notice and the relevant Third Party will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny that Customer, User, or Third Party access to the Benzina Zero Service (or any part thereof).

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either the Customer, User, Third Party or Benzina Zero. A Customer, User, or Third Party may terminate these Terms of Service at any time by notifying Benzina Zero that you no longer wish to use its Services, or when a Customer, User, or Third Party ceases using the Benzina Zero site.

SECTION 19 - ENTIRE AGREEMENT

The failure of Benzina Zero to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Benzina Zero on this site or in respect to The Service constitutes the entire agreement and understanding between any Third Party and Benzina Zero and govern the use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between any Third Party and Benzina Zero(including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Benzina Zero provide Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

Can laws from overseas, other countries, or other Australian states be used to govern how Benzina Zero provides its services or products?

Benzina Zero will abide by the laws of any government of any country in which it actively operates. However, Benzina Zero shall have no responsibility to abide by any laws, rules, or regulations set by governments in countries where Benzina Zero has no operation. 

SECTION 21 - SPECIAL OFFERS

From time to time, Benzina Zero may, at its sole discretion, offer discounts or run special offers to promote the sale of its products. For more information on the Terms & Conditions applicable to special offers, click here.

SECTION 25 - THE BENZINA ZERO DEALERSHIP NETWORK

Benzina Zero has partnered with select vehicle dealerships across Australia to sell Benzina Zero products to their local areas. These dealerships stock a range of Benzina Zero products that can be test-ridden and purchased. 

Customers may choose to purchase from those dealerships instead of purchasing from Benzina Zero directly. In doing so, those Customers enter into a purchase agreement with the dealership, rather than Benzina Zero. Any specifics about those purchases, including finance, licensing, warranty, registration costs, delivery timeframes, or roadworthy certificates must be discussed between the Customer and the Customer’s chosen dealership. 

Is every Benzina Zero model available at every dealership for test rides?

Dealerships may have a selection of Benzina Zero models on the shop floor available for test rides. However, they are under no obligation to have every model available for test-rides. It is always best to contact your local dealership to check whether they have specific models available for test rides before visiting to avoid disappointment. 

No compensation or recourse will be offered to the Customer in the event they visit a dealership that does not have a particular Benzina Zero product available for a test ride.

Is every Benzina Zero model available at every dealership to purchase?

Dealerships may pick and choose which Benzina Zero models they stock at their own discretion. As such, not every model will be available for purchase in every dealership. It is best to contact the dealership to discuss their stock levels with them. Benzina Zero can facilitate the introduction if required. 

In the event a Customer wishes to purchase a Benzina Zero product from the dealership but that dealership does not have that model in stock, Benzina Zero will liaise with the dealership to transport the chosen product to that dealership for assembly. 

I have an issue with a dealership’s conduct. Who should I contact?

Dealerships are entirely separate businesses to Benzina Zero. As such, any concerns, complaints, or suggestions as to how dealerships have conducted their business should be directed to the dealership directly. 

Benzina Zero is not responsible for a dealership’s conduct, service level, grievance resolution process, training, or opinions. 

Who is responsible for the delivery of warranty on products purchased from a dealership?

If the Customer purchases from a dealership, then that dealership is responsible for any and all warranty requests on the Benzina Zero product. 

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@benzinazero.com.