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TERMS OF SERVICE
OVERVIEW
This website is operated by Lawn Rover. Throughout the website, the terms "we", "us", "our" and "Lawn Rover" refer to Lawn Rover.
By accessing this website, using our services or purchasing products from us, you agree to be bound by these Terms of Service ("Terms"), together with any additional terms, policies, notices or documents referenced on this website.
These Terms apply to all users of the website, including, without limitation, browsers, customers, merchants, vendors and contributors of content.
Please read these Terms carefully before accessing or using our website or purchasing any products from Lawn Rover. If you do not agree with these Terms, you must not access the website or use our services.
We reserve the right to update, amend or replace any part of these Terms by posting updates on our website. It is your responsibility to review these Terms periodically. Your continued access to or use of the website following the publication of changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the online e-commerce platform through which we sell our products and services.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are of legal age to enter into a binding contract in your jurisdiction or that you have obtained the necessary consent from a parent or legal guardian.
You agree not to use our website, products or services for any unlawful purpose or in violation of any applicable law, regulation or legal requirement.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to any person or entity at any time, to the extent permitted by law.
You understand that your content may be transferred over various networks and may be subject to technical requirements for connecting networks or devices. Credit card information is encrypted during transmission through applicable payment processing systems.
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of our website, products, services or intellectual property without our prior written permission.
SECTION 3 – ACCURACY OF INFORMATION
We endeavour to ensure that information provided on our website is accurate and current. However, to the extent permitted by law, we do not warrant that all information on the website is complete, accurate or current at all times.
Information provided on this website is intended for general information purposes only and should not be relied upon as professional, technical or safety advice unless expressly stated otherwise.
We reserve the right to correct errors, inaccuracies or omissions and to update information at any time without prior notice.
SECTION 4 – MODIFICATIONS TO SERVICE AND PRICING
Prices for our products may change without notice.
We reserve the right to modify, suspend or discontinue any product, service or feature at any time, subject to any obligations that cannot be excluded under applicable law.
We will not be liable for any modification, price change, suspension or discontinuation of a product or service except where liability cannot lawfully be excluded or limited.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively through our website and may be subject to limited availability.
We reserve the right, to the extent permitted by law, to limit the sale of our products or services to any person, geographic region or jurisdiction.
We reserve the right to discontinue or modify any product at any time.
Product images, specifications, descriptions and other information are provided for general informational purposes. Customers are responsible for ensuring that a product is suitable for their intended use before purchase.
Nothing in this section is intended to exclude or limit any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law.
SECTION 6 – MACHINE OPERATION, SAFETY, MAINTENANCE AND UNAUTHORISED MODIFICATIONS
Lawn Rover machines are designed to be operated in accordance with applicable operating instructions, safety warnings, manuals, procedures and manufacturer recommendations.
Customers and operators are responsible for ensuring that the machine is used safely, appropriately, competently and only for its intended purpose.
The customer is responsible for ensuring that any person operating a Lawn Rover machine has read, understood and follows all applicable operating instructions and safety requirements.
Pre-Operation Inspection and Preparation
Before operating any Lawn Rover machine, the operator must, where applicable:
- Read and follow the applicable operating manual, instructions, safety warnings and manufacturer recommendations.
- Ensure that the machine, remote control and applicable batteries are adequately charged before operation.
- Ensure that the remote control is sufficiently charged and functioning correctly before operating the machine.
- Inspect the machine before each use for visible damage, loose components, abnormal wear, leaks, faults or other conditions that may affect safe operation.
- Inspect the remote control, controls, cutting system, guards, fasteners, tyres, tracks and other relevant components before use.
- Ensure that the machine is properly maintained and reasonably clean before operation.
- Ensure that the machine has been serviced and maintained in accordance with the applicable maintenance requirements and manufacturer's recommendations.
- Ensure that all safety devices, guards and protective components are properly installed and functioning.
- Immediately stop using the machine if any warning, fault, abnormal behaviour, damage or condition is identified that may affect safe operation.
The machine must not be operated where the operator reasonably believes, or ought reasonably to believe, that the machine is unsafe or may malfunction.
Hazardous, Uneven and Sloping Terrain
The operator must exercise particular caution when operating a Lawn Rover machine on slopes, inclines, uneven ground, unstable terrain, wet surfaces, slippery surfaces or any other hazardous environment.
The operator is responsible for assessing the operating environment before using the machine.
The machine must not be operated:
- Beyond any maximum slope or gradient specified in the applicable operating instructions or manufacturer's recommendations;
- On terrain where safe control of the machine cannot reasonably be maintained;
- On excessively steep, unstable, slippery, wet or hazardous terrain;
- In circumstances where there is a foreseeable risk of the machine tipping, overturning, sliding, rolling, falling or losing control;
- Near embankments, drop-offs, cliffs, retaining walls, waterways or other locations where the machine may fall or overturn unless the operator has determined that operation can be conducted safely.
The operator must take all reasonable and appropriate safety precautions before operating the machine.
If the machine is operated on unsuitable, unsafe or excessively steep terrain contrary to the applicable operating instructions, safety warnings or manufacturer's recommendations, the customer and operator accept responsibility for the risks associated with that operation, to the extent permitted by law.
Lawn Rover is not responsible, to the extent permitted by law, for damage, loss, injury or other consequences arising directly from the operator's failure to follow applicable safety instructions or from operation of the machine in conditions outside the manufacturer's specified operating limitations.
Unauthorised Modifications, Alterations and Interference
Customers and operators must not modify, alter, bypass, disconnect, reconnect, remove, reprogram, interfere with or otherwise change any component or system of the machine unless expressly authorised in writing by Lawn Rover or the manufacturer.
This includes, without limitation:
- Safety devices and safety systems;
- Electrical systems;
- Control systems;
- Remote-control systems;
- Engines and engine components;
- Drive systems;
- Cutting systems;
- Protective guards;
- Wiring and electrical connections;
- Batteries and charging systems; and
- Any feature that has been disabled, disconnected or restricted by Lawn Rover or the manufacturer.
Any unauthorised modification, alteration, repair or interference may affect the safe operation, performance and reliability of the machine.
To the extent permitted by law, damage, faults, malfunctions or safety issues resulting from unauthorised modifications, alterations, repairs or interference may not be covered by any applicable warranty.
Lawn Rover is not responsible, to the extent permitted by law, for loss, damage, malfunction, property damage or injury arising directly from:
- Unauthorised modifications or alterations;
- Improper repairs or servicing;
- Misuse or abuse of the machine;
- Negligent or reckless operation;
- Failure to follow applicable operating instructions or safety warnings; or
- Operation outside the manufacturer's specified limitations.
Cruise Control and Unauthorised Reactivation
Where a Lawn Rover machine has been supplied with the cruise-control function disabled, disconnected, restricted or otherwise made unavailable, the customer and operator must not reconnect, reactivate, bypass, modify or otherwise interfere with the machine to restore or enable that function.
The customer must not modify the machine or its electrical, mechanical or control systems for the purpose of enabling cruise control where that function has been disabled or disconnected.
Any unauthorised reconnection, reactivation, modification or alteration of the cruise-control system may affect the safe operation of the machine and may void or affect applicable warranty coverage to the extent permitted by law.
Any person who modifies or interferes with the cruise-control system does so at their own risk and assumes responsibility for the consequences of that modification, to the extent permitted by law.
Lawn Rover will not be responsible, to the extent permitted by law, for damage, malfunction, property damage, loss or injury arising directly from the unauthorised reconnection, modification, reactivation or use of a cruise-control function.
Proper Use and Operator Responsibility
Lawn Rover machines must only be operated by persons who are competent to operate the equipment safely and who have read and understood the applicable operating instructions and safety warnings.
The customer and operator are responsible for:
- Using the machine only for its intended purpose;
- Following all applicable operating instructions and safety warnings;
- Keeping children, bystanders and animals away from the operating area;
- Maintaining appropriate clearance from persons, vehicles, buildings and other property;
- Monitoring the machine during operation;
- Operating the machine with reasonable care and attention;
- Not operating the machine while impaired, distracted or otherwise unable to safely control or supervise its operation;
- Ensuring appropriate maintenance and servicing is performed;
- Immediately ceasing operation where a fault, warning, abnormal behaviour or safety concern is identified.
The customer and operator must take reasonable precautions to prevent foreseeable injury, property damage and damage to the machine.
Misuse, Abuse and Failure to Follow Instructions
The machine must not be misused, abused or operated in a manner that is inconsistent with its intended purpose, operating instructions, safety warnings or manufacturer's recommendations.
Examples of misuse may include, without limitation:
- Operating the machine on unsuitable or excessively steep terrain;
- Ignoring warning signs, alarms, faults or abnormal machine behaviour;
- Operating the machine when damaged or improperly maintained;
- Operating the machine after an unauthorised modification;
- Removing, bypassing or interfering with safety systems or protective devices;
- Using the machine for purposes for which it was not designed;
- Failing to perform reasonable pre-operation inspections;
- Failing to maintain appropriate control or supervision of the machine during operation.
To the extent permitted by law, Lawn Rover is not responsible for loss, damage or other consequences arising directly from misuse, abuse, negligence, unauthorised modification or failure to follow applicable instructions and safety requirements.
Customer Responsibility for Maintenance
The customer is responsible for ensuring that the machine is maintained and serviced in accordance with the applicable manufacturer's maintenance requirements, operating instructions and reasonable safety practices.
The customer should inspect and maintain the machine regularly and keep the machine reasonably clean.
Failure to properly maintain or service the machine may affect its performance, reliability and safe operation and may affect warranty coverage where permitted by law.
Damaged or Broken Blades: The machine must not be operated if any cutting blade is damaged, cracked, broken, loose, excessively worn or otherwise defective. The damaged blade must be replaced with an appropriate replacement blade before the machine is operated again. Damaged or broken blades, or fragments of blades, may become detached or be projected during operation and may cause serious injury, death or property damage. Operators must inspect the cutting blades before use and ensure that all persons, children and animals remain at a safe distance from the machine during operation. Lawn Rover will not be responsible, to the extent permitted by law, for loss, damage or injury arising directly from continued operation of the machine with damaged, broken, loose or improperly maintained cutting blades.
Assumption of Operational Risk
The customer acknowledges that the operation of powered machinery involves inherent risks.
The customer and operator are responsible for exercising reasonable care and complying with applicable safety requirements when operating the machine.
Where a customer or operator chooses to operate the machine contrary to safety warnings, operating instructions or manufacturer's recommendations, including on unsuitable terrain or following an unauthorised modification, the customer and operator assume responsibility for risks arising from that conduct, to the extent permitted by law.
Nothing in this section requires a customer to waive rights that cannot legally be waived under applicable law.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may limit or cancel orders at our discretion, subject to applicable law.
You agree to provide accurate, current and complete billing, payment and account information and to promptly update such information where necessary.
SECTION 8 – OPTIONAL TOOLS
We may provide access to third-party tools over which Lawn Rover has no control.
Unless otherwise required by law, these tools are provided without warranties or representations of any kind. Your use of third-party tools is at your own risk and subject to the applicable third-party terms.
SECTION 9 – THIRD-PARTY LINKS
Our website may contain links to third-party websites or services.
Lawn Rover does not control and is not responsible for third-party content, policies, products or services.
You should review the applicable terms and privacy policies of third-party providers before engaging with them.
SECTION 10 – USER COMMENTS AND SUBMISSIONS
Where you submit comments, feedback, suggestions or other material to Lawn Rover, you grant Lawn Rover a non-exclusive right to use, reproduce, modify and publish that material for lawful business purposes, subject to applicable law and our Privacy Policy.
We reserve the right to monitor, remove or restrict content that we reasonably consider unlawful, offensive, misleading or otherwise inappropriate.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through our website is governed by our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions relating to product information, pricing, promotions, offers, shipping charges, availability or other information.
Where an error materially affects an order, we may contact the customer to provide reasonable options in accordance with applicable law.
SECTION 13 – PROHIBITED USES
You must not use our website or services:
- For any unlawful purpose;
- To violate any applicable law or regulation;
- To infringe the rights of another person;
- To transmit malicious software or harmful code;
- To interfere with the security or operation of the website; or
- To engage in conduct that may harm Lawn Rover, its customers or other users.
SECTION 14 – WARRANTIES AND LIABILITY LIMITATIONS
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.
To the maximum extent permitted by law, Lawn Rover excludes liability for loss or damage that arises from:
- Misuse, abuse or improper operation of a product;
- Failure to follow applicable operating instructions or safety warnings;
- Operation outside the manufacturer's specified limitations;
- Unauthorised modifications, alterations or repairs;
- Failure to properly maintain or service a product;
- Normal wear and tear;
- Damage caused by circumstances outside Lawn Rover's reasonable control.
Where the law permits Lawn Rover to limit its liability for a breach of a guarantee or obligation, Lawn Rover's liability may be limited, at Lawn Rover's option and to the extent permitted by law, to:
- Replacing the relevant product;
- Repairing the relevant product;
- Supplying an equivalent product; or
- Paying the reasonable cost of replacing or repairing the product.
Nothing in these Terms limits or excludes liability where such limitation or exclusion would be unlawful.
SECTION 15 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Lawn Rover and its officers, employees, contractors and affiliates against losses, claims, liabilities, damages and reasonable costs arising directly from:
- Your breach of these Terms;
- Your unlawful use of our website or products;
- Your unauthorised modification or alteration of a product; or
- Your misuse, negligent operation or failure to follow applicable safety instructions.
This indemnity does not apply to the extent that a claim, loss or liability is caused by Lawn Rover's negligence, breach of law or any matter for which liability cannot lawfully be excluded.
SECTION 16 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
SECTION 17 – TERMINATION
These Terms remain effective unless and until terminated by either you or Lawn Rover.
We may suspend or terminate access to our website or services where we reasonably believe that you have breached these Terms or where permitted by applicable law.
Termination does not affect any rights or obligations that arose before termination.
SECTION 18 – ENTIRE AGREEMENT
These Terms, together with any policies or documents expressly incorporated by reference, constitute the entire agreement between you and Lawn Rover in relation to the use of this website and the purchase of products through this website, subject to any rights that cannot lawfully be excluded.
SECTION 19 – CHANGES TO TERMS
We reserve the right to update or amend these Terms from time to time.
The most current version of these Terms will be published on our website.
Your continued use of our website following the publication of updated Terms constitutes acceptance of those changes, to the extent permitted by law.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms can be submitted through our Contact Us page: