Legal Disclaimer

TERMS OF USE AND LIABILITY DISCLAIMER

Effective Date: 23/12/2025

This Disclaimer applies to all electric bicycle conversion kits, components, and related products ("Products") manufactured, distributed, supplied, or sold by GoFSTER ("GoFSTER," "we," "us," or "our") and its directors, officers, employees, agents, contractors, distributors, retailers, affiliates, subsidiaries, and all associated entities (collectively, "Associated Entities").

1. ACKNOWLEDGMENT AND ACCEPTANCE

By purchasing, receiving, installing, or using any GoFSTER Product, you ("Purchaser," "User," or "you") acknowledge that you have read, understood, and unconditionally agree to be bound by this Disclaimer in its entirety. If you do not agree to these terms, you must immediately cease use of the Product and return it in accordance with our returns policy.

2. LEGISLATIVE COMPLIANCE AND RESTRICTIONS ON USE

2.1 Power Output Limitations

Electric bicycle conversion kits that exceed 250 watts maximum continuous motor power output do not comply with road rules in Australian states and territories for use on public roads, footpaths, bicycle paths, or shared paths.

2.2 Legal Requirements for Public Use

To legally operate an electric bicycle on public roads and paths in Australia, the bicycle must comply with all applicable Commonwealth, state, and territory legislation, including but not limited to:

(a) Maximum continuous motor power output of 250 watts; (b) Motor assistance provided only during pedaling (pedal-assist system); (c) Automatic cessation of motor assistance at 25 km/h; (d) Compliance with Australian Design Rules and applicable safety standards including AS/NZS 3820, EN15194, or equivalent; (e) Display of required Regulatory Compliance Mark (RCM) where applicable.

2.3 Intended Use

Products exceeding 250W maximum power output are intended solely for use on private property with the express permission of the property owner. Use of non-compliant Products on any public road, path, or area accessible to the public is strictly prohibited and may constitute a criminal offence under applicable road traffic legislation.

2.4 User Responsibility

You are solely and exclusively responsible for:

(a) Determining whether any Product complies with applicable laws in your jurisdiction; (b) Ensuring your use of any Product complies with all Commonwealth, state, territory, and local laws, regulations, and ordinances; (c) Obtaining any necessary permits, licenses, registrations, or approvals prior to use; (d) Understanding and adhering to all restrictions on where and how the Product may be legally used; (e) Any consequences, penalties, fines, or legal action resulting from non-compliant use.

3. COMPLETE WAIVER AND RELEASE OF LIABILITY

3.1 Assumption of Risk

You expressly acknowledge and agree that:

(a) The purchase, installation, and use of any GoFSTER Product involves inherent risks including but not limited to personal injury, death, property damage, and legal liability; (b) You voluntarily assume all such risks, whether known or unknown, arising from the use or misuse of any Product; (c) You have been advised to wear appropriate safety equipment including helmets and protective gear when using any Product.

3.2 Release and Discharge

To the maximum extent permitted by law, you irrevocably and unconditionally release, discharge, and hold harmless GoFSTER and all Associated Entities from any and all:

(a) Claims, demands, actions, causes of action, suits, proceedings, judgments, or litigation of any nature whatsoever; (b) Liability for damages, losses, injuries (including catastrophic injury and death), disabilities, costs, or expenses of any kind; (c) Direct, indirect, incidental, consequential, special, punitive, or exemplary damages;

arising from, relating to, or in connection with:

(i) The purchase, possession, installation, operation, maintenance, modification, or use of any Product; (ii) Any defect, malfunction, failure, or unsuitability of any Product for any purpose; (iii) Non-compliance of any Product with applicable laws, standards, or regulations; (iv) Use of any Product on public or private property; (v) Interaction with motor vehicles, pedestrians, other cyclists, or third parties; (vi) Any violation of traffic laws, regulations, or ordinances; (vii) Confiscation of property by law enforcement or regulatory authorities; (viii) Criminal or civil penalties, fines, or legal proceedings; (ix) Any act, omission, negligence, or breach of duty by GoFSTER or Associated Entities.

3.3 Indemnification

You agree to indemnify, defend, and hold harmless GoFSTER and all Associated Entities from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees and court costs) arising from or related to:

(a) Your use or misuse of any Product; (b) Your violation of any applicable laws, regulations, or ordinances; (c) Your breach of this Disclaimer; (d) Any injury, death, or property damage caused by your use of any Product; (e) Any third-party claims arising from your actions or omissions.

4. PRODUCT WARRANTIES AND LIMITATIONS

4.1 Warranty Void for Illegal Use

Any warranty, guarantee, or representation made by GoFSTER in relation to any Product is immediately void and unenforceable if:

(a) The Product is used in violation of applicable laws or regulations; (b) The Product is modified, altered, or tampered with in any manner; (c) The Product is not installed, maintained, or operated in accordance with manufacturer instructions.

4.2 No Warranties Regarding Legal Compliance

GoFSTER makes no representation, warranty, or guarantee that:

(a) Any Product is suitable, appropriate, or legal for use in any specific jurisdiction; (b) Any Product will comply with current or future legislative requirements; (c) Use of any Product will not result in legal liability, penalties, or prosecution.

4.3 Exclusion of Implied Terms

To the maximum extent permitted by law, all implied warranties, conditions, or terms including those relating to merchantability, fitness for a particular purpose, or compliance with description are expressly excluded.

5. LIMITATION OF LIABILITY

5.1 Maximum Liability

Notwithstanding any other provision of this Disclaimer, and to the maximum extent permitted by law, the total aggregate liability of GoFSTER and all Associated Entities for all claims arising from or related to any Product shall not exceed the purchase price paid by you for that specific Product.

5.2 Exclusion of Consequential Damages

Under no circumstances shall GoFSTER or any Associated Entity be liable for:

(a) Loss of profits, revenue, business, contracts, or anticipated savings; (b) Loss of data, goodwill, or reputation; (c) Any indirect, incidental, special, consequential, or punitive damages; (d) Any damages arising from third-party claims; (e) Any damages exceeding the amount specified in clause 5.1.

5.3 Consumer Law Rights

Nothing in this Disclaimer excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or equivalent state or territory legislation that cannot lawfully be excluded, restricted, or modified ("Non-Excludable Rights").

Where Non-Excludable Rights apply and GoFSTER is liable for a failure to comply with a consumer guarantee, GoFSTER's liability is limited to, at GoFSTER's option:

(a) In the case of goods: replacement, repair, or payment of the cost of replacement or repair; (b) In the case of services: re-supply or payment of the cost of re-supply.

This limitation does not apply where such limitation would contravene applicable consumer protection legislation.

6. INSTALLATION AND MODIFICATION

6.1 Installation Risk

You acknowledge that:

(a) Improper installation may result in product failure, accident, injury, or death; (b) You are solely responsible for ensuring correct and safe installation; (c) GoFSTER recommends professional installation by a qualified bicycle mechanic; (d) GoFSTER is not liable for any consequences arising from improper installation.

6.2 Modifications Prohibited

Any modification, alteration, tampering, or adjustment to any Product beyond manufacturer specifications:

(a) Immediately voids all warranties and guarantees; (b) May render the Product unsafe and illegal; (c) Releases GoFSTER and Associated Entities from all liability; (d) Is undertaken entirely at your own risk.

7. SAFETY WARNINGS

Users must:

(a) Wear an approved bicycle helmet and appropriate protective equipment at all times; (b) Conduct regular maintenance and safety inspections of the bicycle and Product; (c) Ensure the Product is compatible with the bicycle frame, components, and intended use; (d) Not operate the Product while impaired by alcohol, drugs, or medication; (e) Obey all traffic laws, regulations, and local ordinances; (f) Exercise caution and ride defensively at all times; (g) Not exceed the Product's specified weight, speed, or performance limitations.

8. THIRD-PARTY COMPONENTS AND BATTERIES

8.1 Third-Party Products

Where GoFSTER Products are used in conjunction with third-party components including but not limited to batteries, chargers, or accessories:

(a) You are solely responsible for ensuring compatibility and safety; (b) GoFSTER is not liable for any failure, malfunction, or damage caused by third-party components; (c) You must comply with all manufacturer instructions for third-party components; (d) Use only batteries and chargers that comply with applicable safety standards (AS/NZS 3820, UL2849, EN15194, or equivalent).

8.2 Battery Safety

Lithium-ion batteries pose risks including fire, explosion, and chemical burns. You must:

(a) Use only approved batteries and charging equipment; (b) Never leave batteries charging unattended; (c) Store batteries in accordance with manufacturer instructions; (d) Dispose of batteries in accordance with applicable regulations; (e) Immediately discontinue use if battery shows signs of damage, swelling, or overheating.

9. AGE RESTRICTIONS AND SUPERVISION

9.1 Minimum Age

Products are intended for use by individuals aged 16 years or older. Use by persons under 16 must be under direct adult supervision at all times.

9.2 Parental Responsibility

Parents and guardians who purchase Products for minors:

(a) Accept full responsibility for the minor's use of the Product; (b) Must ensure appropriate supervision and safety instruction; (c) Must ensure compliance with all applicable laws; (d) Remain liable for all consequences arising from the minor's use.

10. PRODUCT RECALLS AND SAFETY NOTICES

10.1 Notification Obligation

You must register your Product with GoFSTER and maintain current contact information to receive product recalls, safety notices, and important updates.

10.2 Compliance with Recalls

You agree to immediately comply with any product recall, safety notice, or corrective action issued by GoFSTER, Product Safety Australia, or any regulatory authority. Failure to comply releases GoFSTER from all liability.

11. GOVERNING LAW AND JURISDICTION

11.1 Applicable Law

This Disclaimer is governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia.

11.2 Jurisdiction

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and any courts hearing appeals from those courts.

11.3 Severability

If any provision of this Disclaimer is held to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

12. ENTIRE AGREEMENT

This Disclaimer, together with any applicable terms of sale and warranty documents, constitutes the entire agreement between you and GoFSTER regarding the subject matter herein and supersedes all prior agreements, representations, and understandings, whether written or oral.

13. ACKNOWLEDGMENT OF UNDERSTANDING

By proceeding with the purchase, installation, or use of any GoFSTER Product, you confirm and warrant that:

(a) You have read this entire Disclaimer carefully; (b) You understand and accept all terms and conditions; (c) You acknowledge the risks and legal restrictions; (d) You agree to use Products only in accordance with applicable laws; (e) You release GoFSTER and all Associated Entities from all liability as set forth herein.

WARNING: Use of electric bicycle conversion kits exceeding 250W on public roads, paths, or areas is illegal in Australia and may result in fines, criminal prosecution, and confiscation of property. This product is sold for private property use only. You assume all risks and legal responsibility for your use of this product.