1. Acknowledgment and Assumption of Risk
By purchasing, or using an ebike from Cooly Bikes, you acknowledge that you have read, understood, and agree to the terms outlined in this waiver. You understand that operating an ebike, particularly one that has had its speed restrictions unlocked, involves inherent risks, including but not limited to personal injury, property damage, and death. You voluntarily assume all risks associated with the use of the ebike.
2. Speed Unlocking and Modification
Cooly Bikes expressly prohibits any modification, including unlocking the speed limiter, on all ebikes. Any modification or unlocking of the speed limit voids all warranties and safety certifications. You acknowledge that such actions can significantly increase the risk of injury or death.
3. No Liability for Improper Use
Cooly Bikes, including its employees, affiliates, and agents, shall not be held liable for any injuries, damages, or losses arising from the improper use of the ebike, including but not limited to:
- Operating the ebike beyond the legal speed limit.
- Riding in areas prohibited by law.
- Failure to wear appropriate safety gear.
- Reckless or negligent behavior while riding.
4. Compliance with Australian Law
You agree to comply with all applicable Australian laws and regulations, including but not limited to the legal speed limits, road rules, and safety requirements for ebikes. Cooly Bikes is not responsible for any fines, penalties, or legal consequences resulting from your failure to adhere to these laws.
5. Indemnification
You agree to indemnify, defend, and hold harmless Cooly Bikes, its employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from or related to your use or misuse of the ebike, including any modifications made to increase its speed.
6. Release of Liability
By visiting our website, you release and discharge Cooly Bikes from any and all liability, claims, demands, or causes of action that you may have, now or in the future, arising from or related to the use of the ebike, including any modifications or unlocking of speed limits.
7. Severability
If any provision of this waiver is found to be unenforceable or invalid under Australian law, the remaining provisions shall remain in full force and effect.
8. Governing Law
This waiver shall be governed by and construed in accordance with the laws of Australia.