Terms of service

TERMS OF SERVICE – EFFECTIVE 21 FEBRUARY 2021

This document sets out the legally binding terms and conditions (hereafter “Terms”) under which DTB TRADING PTY LTD (ABN 65677334235) (“the Company”) permits access to and use of its proprietary e-commerce interface commercially referred to as “Mobility Delivery”, which designation is merely descriptive and not indicative of any separate legal entity or registered business name. All references herein to “we”, “us” or “our” shall be construed strictly as referring to DTB TRADING PTY LTD.

By engaging with, accessing, or utilising the website, digital infrastructure, or purchasing any goods or services therefrom, the user (“you”, “your”, “the customer”) unconditionally agrees to be bound by these Terms. If you do not accept these Terms in full, you must immediately cease use of the platform.

1. All goods, items, merchandise, equipment or accessories purchased via this website (hereafter “Goods”) are offered by the Company on an “as is” basis. Illustrations and descriptions provided are approximate representations only and are subject to modification without notice due to manufacturing, batch, supplier or typographical variance. Product dimensions, specifications, and user compatibility are to be confirmed independently by the customer prior to use.

2. No element of the content, structure, user interface, or functionality of the website shall be construed as constituting advice, representation, or a guarantee of suitability, performance or outcome, whether express or implied.

3. The Company disclaims all liability in respect of lithium-based or rechargeable battery components, including but not limited to thermal events, fire, swelling, or degradation, which are assumed to be operated at the sole risk and responsibility of the user. The Company is not the manufacturer of said components.

4. The Company retains an absolute and non-reviewable discretion to refuse, cancel, suspend or modify any order, transaction, or account access without prior notice or justification. Risk in the Goods passes upon dispatch from the Company’s fulfilment point. Legal title shall not transfer until full cleared payment is received.

5. Prices are stated in Australian Dollars (AUD) inclusive of Goods and Services Tax (GST), unless otherwise indicated. The Company reserves the right to alter pricing, fees, surcharges or packaging specifications without prior notification.

6. Return eligibility, refund conditions and any post-sale remedial action shall be governed strictly and exclusively by the Company’s separate Refund Policy, available at mobilitydelivery.com.au/policies/refund-policy, which forms an integral component of these Terms by reference. Initiating any return constitutes express agreement with said policy.

7. You acknowledge responsibility for securing your account access credentials and indemnify the Company for any loss, damage or unauthorised activity arising therefrom. Any activity conducted through your account shall be deemed authorised by you.

8. External links, references to third-party tools, or integrations do not imply endorsement or control. You access such resources entirely at your own risk. The Company disclaims liability for external content, site reliability, or security vulnerabilities introduced thereby.

9. To the fullest extent permitted by law, the Company excludes all liability, including but not limited to liability for indirect, incidental, punitive, special, exemplary or consequential damages; loss of data; loss of revenue or profit; third-party claims; delivery delays; or any reliance on platform content.

10. The user agrees to indemnify and hold harmless the Company, its officers, directors, contractors and agents from any and all claims, demands, damages, liabilities, losses or expenses (including but not limited to legal costs on a full indemnity basis) arising directly or indirectly from use of the site, breach of these Terms, or violation of law or third-party rights.

11. The Company shall not be liable for any failure to perform or delay in performance due to events or circumstances outside its reasonable control including, but not limited to, industrial action, fire, war, cyberattack, third-party failures, force majeure, pandemic, government intervention, transport disruption, or natural disaster.

12. The Company reserves the unilateral right to revise, replace, supplement or amend these Terms at any time and without notice. Such modifications shall be effective immediately upon publication. Continued use of the platform constitutes conclusive acceptance of the amended Terms.

13. These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute, controversy, claim or proceeding arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of New South Wales. The parties agree to submit to mediation prior to initiating formal litigation.

14. If any clause or provision herein is deemed invalid or unenforceable by a competent legal authority, such provision shall be severed to the minimum extent required, and all remaining provisions shall continue in full force and effect.

All enquiries regarding these Terms should be directed to:

DTB TRADING PTY LTD (ABN 65677334235)

Operating under the commercial platform name “Mobility Delivery”

24 Church Street, Paddington, NSW 2021

Email: contactus@mobilitydelivery.com.au

Website: mobilitydelivery.com.au