Terms of service
SUBSCRIPTION TERMS AND CONDITIONS
1.1 We, Charged Battery (ACN 69657934391]), agree to provide the Equipment to you on these terms and conditions.
1.2 Subscriptions: We are a subscription service, by signing up, you are agreeing to receive the selected Equipment on an ongoing basis. When you sign up, you must select a subscription and choose the Equipment for your first order, delivery frequency, payment method and payment frequency (Subscription). The details of your Subscription (including, delivery and collection windows) are as set out in your account on our website. We maintain ownership and title in the Equipment and at no point does ownership or title transfer to you.
1.3 Subscription Changes: For each Subscription Period as set out in your account, you must finalise your product selection at least 3 business days’ before the Equipment dispatch date on the website for that Subscription Period (Cut-Off Date). If you do not select any particular Equipment, we will send the same Equipment as the previous Subscription Period. You may change your Subscription, delivery or collection windows any time before the Cut-Off Date.
1.4 Delivery: When you place your initial order, you will select a delivery window. Unless you otherwise vary your delivery window before the Cut-Off Date, your chosen delivery window will apply to all future Subscription Periods. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window. After your initial order, your delivery window will also be the collection window for return of the Equipment for the previous Subscription Period.
1.5 Equipment Availability: All of the Equipment on the website is subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.
1.6 Payment: You will be charged the Subscription Fee in advance of receiving the Equipment on a recurring interval in accordance with your chosen Subscription (Billing Cycle) unless stated otherwise. The payment methods we offer are set out on the website. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
1.7 Renewal: Your Subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Subscription Fee in connection with each subsequent Billing Cycle unless and until you cancel your Subscription.
1.8 Variation: We may need to change the Subscription Fee from time to time. If we change the Subscription Fee, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Subscription Fee to your existing payment details for all future orders. If you do not agree with the new Subscription Fee, you may cancel your subscription in accordance with these terms and (a) you must return the Equipment in accordance with these terms, and (b) if you have paid the Subscription Fee upfront for subsequent Subscription Periods, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
1.9 Care and Operation: You must use the Equipment in the manner intended in accordance with any instructions we give you and any information we make available on our website. You must keep the Equipment in good condition. We will charge for any misuse or improper care and for any damage or repairs resulting from negligence or misuse.
1.10 Loss or Damage: You must pay the replacement value if you lose, steal, or irreparably damage the Equipment.
1.11 Return of Equipment: You must return the Equipment or make the Equipment available for collection by the specified date and time. We may charge for late returns.
1.12 Title: We continue to own the Equipment and you acknowledge that you are only hiring the Equipment.
1.13 Termination: Either party may cancel the subscription with at least three business days’ notice before your next Billing Cycle. We reserve the right to end the hire and these terms and conditions at any time if we believe the Equipment is at risk or if you are in breach of these terms and conditions.
1.14 Liability: Subject to your consumer law rights, our total liability under these terms and conditions is limited to the Subscription Fee paid by you.
1.15 Indemnification: You must indemnify and protect us against any claims, damages, or liabilities arising from your use, possession, or operation of the Equipment.
1.16 Warranty: Subject to your rights under consumer law, we provide the Equipment "as is" without any express or implied warranties.
1.17 Governing Law: These terms and conditions are governed by the laws of New South Wales.
1.18 Amendments: Both parties must sign any changes or modifications to this Agreement in writing.
Definitions: The Equipment hired, the Subscription Period, Billing Cycle, the Subscription Fee and the late fees if applicable will be as set out on our website.
1.1 We, Charged Battery (ACN 69657934391]), agree to provide the Equipment to you on these terms and conditions.
1.2 Subscriptions: We are a subscription service, by signing up, you are agreeing to receive the selected Equipment on an ongoing basis. When you sign up, you must select a subscription and choose the Equipment for your first order, delivery frequency, payment method and payment frequency (Subscription). The details of your Subscription (including, delivery and collection windows) are as set out in your account on our website. We maintain ownership and title in the Equipment and at no point does ownership or title transfer to you.
1.3 Subscription Changes: For each Subscription Period as set out in your account, you must finalise your product selection at least 3 business days’ before the Equipment dispatch date on the website for that Subscription Period (Cut-Off Date). If you do not select any particular Equipment, we will send the same Equipment as the previous Subscription Period. You may change your Subscription, delivery or collection windows any time before the Cut-Off Date.
1.4 Delivery: When you place your initial order, you will select a delivery window. Unless you otherwise vary your delivery window before the Cut-Off Date, your chosen delivery window will apply to all future Subscription Periods. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window. After your initial order, your delivery window will also be the collection window for return of the Equipment for the previous Subscription Period.
1.5 Equipment Availability: All of the Equipment on the website is subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.
1.6 Payment: You will be charged the Subscription Fee in advance of receiving the Equipment on a recurring interval in accordance with your chosen Subscription (Billing Cycle) unless stated otherwise. The payment methods we offer are set out on the website. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
1.7 Renewal: Your Subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Subscription Fee in connection with each subsequent Billing Cycle unless and until you cancel your Subscription.
1.8 Variation: We may need to change the Subscription Fee from time to time. If we change the Subscription Fee, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Subscription Fee to your existing payment details for all future orders. If you do not agree with the new Subscription Fee, you may cancel your subscription in accordance with these terms and (a) you must return the Equipment in accordance with these terms, and (b) if you have paid the Subscription Fee upfront for subsequent Subscription Periods, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
1.9 Care and Operation: You must use the Equipment in the manner intended in accordance with any instructions we give you and any information we make available on our website. You must keep the Equipment in good condition. We will charge for any misuse or improper care and for any damage or repairs resulting from negligence or misuse.
1.10 Loss or Damage: You must pay the replacement value if you lose, steal, or irreparably damage the Equipment.
1.11 Return of Equipment: You must return the Equipment or make the Equipment available for collection by the specified date and time. We may charge for late returns.
1.12 Title: We continue to own the Equipment and you acknowledge that you are only hiring the Equipment.
1.13 Termination: Either party may cancel the subscription with at least three business days’ notice before your next Billing Cycle. We reserve the right to end the hire and these terms and conditions at any time if we believe the Equipment is at risk or if you are in breach of these terms and conditions.
1.14 Liability: Subject to your consumer law rights, our total liability under these terms and conditions is limited to the Subscription Fee paid by you.
1.15 Indemnification: You must indemnify and protect us against any claims, damages, or liabilities arising from your use, possession, or operation of the Equipment.
1.16 Warranty: Subject to your rights under consumer law, we provide the Equipment "as is" without any express or implied warranties.
1.17 Governing Law: These terms and conditions are governed by the laws of New South Wales.
1.18 Amendments: Both parties must sign any changes or modifications to this Agreement in writing.
Definitions: The Equipment hired, the Subscription Period, Billing Cycle, the Subscription Fee and the late fees if applicable will be as set out on our website.
