Terms & Conditions

These terms and conditions (the "Terms and Conditions") govern the use of https://kineticare.com.au (the "Site"). This Site is owned and operated by Echo Labs Pty Ltd (T/A Kineticare). This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of Echo Labs Pty Ltd (T/A Kineticare) and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts
When you create an account on our Site, you agree to the following:

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

All personal information you provide to us through your account is up-to-date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

Credit Card; AfterPay, Zip Pay, Direct Bank Transfer; PayPal; and Debit.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

Unless specifically quoted for and agreed upon in advance, our standard delivery service constitutes a courier curbside delivery only and not delivery & installation. This means that the courier will deliver the new item to the nearest accessible point at the specified address. Please be aware that this service does not include assembly, unboxing, entering the premises, or carrying the item upstairs. Should you require any additional services, such as in-home delivery, assembly, or installation, please contact us for a separate quotation and arrangement.

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Standard delivery by post. Delivery takes 5 - 7 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price of the goods you purchase, unless specified as free delivery. The delivery fee will be shown when checking out, before completing your purchase.

If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here and here although such information is indicative only.

We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre.

Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

Warranty Policy

Warranty Exclusions. The warranty does not cover the following:

•Normal Wear and Tear: Tyres, tubes, upholstery, armrests, bulbs, fuses, or other consumable items subject to regular use.

•Maintenance-Related Issues: Battery failure due to improper charging or neglect, debris in wheels, or other routine maintenance tasks.

•Damage from Improper Use: Misuse, accidents, overloading, exposure to water, or failure to follow the product manual.

•Unauthorised Repairs or Modifications: Repairs performed by unauthorised technicians or alterations to the product.

•Labour and Transport Fees: Labour and callout fees, transport costs, and shipping charges are not covered under warranty unless explicitly specified.

At Echo Labs Pty Ltd T/A Kineticare, we are committed to ensuring the quality and reliability of our products. This warranty policy outlines the coverage, exclusions, and processes for warranty claims. To provide clarity and transparency, the following terms and conditions apply.

1. Warranty Coverage

This warranty covers defects in materials or workmanship for a specified period from the date of purchase. The coverage applies to the following components, unless otherwise stated by the manufacturer:

•Motor

•Electronic Controller

•Battery Charger

•Bearings and Bushings

•Seat Swivel Mechanism

•Dash Assembly

•Rubber Components (excluding tyres)

•Plastic Components (excluding body panels)

2. Warranty Exclusions

The warranty does not cover the following:

•Normal Wear and Tear: Tyres, tubes, upholstery, armrests, bulbs, fuses, or other consumable items subject to regular use.

•Maintenance-Related Issues: Battery failure due to improper charging or neglect, debris in wheels, or other routine maintenance tasks.

•Damage from Improper Use: Misuse, accidents, overloading, exposure to water, or failure to follow the product manual.

•Unauthorised Repairs or Modifications: Repairs performed by unauthorised technicians or alterations to the product.

•Labour and Transport Fees: Labour and callout fees, transport costs, and shipping charges are not covered under warranty unless explicitly specified.

•Collision Damage

•Power Surges

•Water Damage

•Overloading

•The use of couriers or freight companies to transport products to and from our company for repair or service

3. Warranty Process

Step 1: Initial Troubleshooting

Customers must complete all initial troubleshooting steps provided in the product manual or by our support team. This ensures the issue is accurately identified and may resolve the problem without further action.

Step 2: Submit a Warranty Claim

To lodge a claim, customers must contact warranty@kineticare.com.au and provide:

•Proof of purchase.

•A detailed description of the issue.

•Photos or videos clearly showing the problem.

•Relevant usage details, such as terrain, odometer readings, and battery charge levels.

Step 3: Manufacturer Review

We assess all claims in collaboration with the manufacturer to determine warranty eligibility. Final decisions are based on the manufacturer’s guidelines.

Step 4: Repairs or Replacement

If the claim is approved, defective parts will be repaired or replaced at no cost for the part itself. Customers are responsible for shipping and transport costs unless otherwise specified.

4. Service Area Policy

Metro Service Areas

We provide access to authorised service technicians in the following metro areas:

•Melbourne

•Sydney

•Brisbane

•Sunshine Coast

•Perth

•Adelaide

A call-out fee will be charged for a technician to attend your home, including assessing warranty matters. Please note that a prepayment of all service and repairs is required prior a Technician callout. 

Rural Areas Outside Metro Service Zones

For customers outside the specified service areas, options include:

•Working with a local authorised technician (subject to manufacturer approval).

•Returning the product to us for assessment or repair.

•This may require a shipping pallet and secure packaging to transport the product safely.

•Transport costs are the customer’s responsibility.

5. Customer Responsibilities

To maintain warranty eligibility, customers must:

•Perform regular maintenance as outlined in the product manual.

•Use the product as intended and within weight capacity limits.

•Report issues promptly and provide accurate information for assessment.

Failure to meet these responsibilities may void the warranty.

6. Voided Warranty Conditions

The warranty is void if:

•The product is used improperly or outside its intended purpose.

•The product is modified or repaired without prior approval from Kineticare.

•Damage occurs due to accidents, exposure to water, or failure to follow maintenance guidelines.

•Batteries are not charged in accordance with manufacturer recommendations.

7. Additional Notes

•Our goods come with guarantees that cannot be excluded under Australian Consumer Law (ACL). Customers are entitled to a replacement or refund for major failures and compensation for foreseeable losses or damages.

•Warranty claims do not cover the cost of loan devices, though rental devices may be available at a reduced rate for extended repairs.

 

Refunds
Refund requests must be made within 30 days after receipt of your goods. The refund will be processed within 7 days once the item has been received and checked by our team.

Refunds do not apply to certain items which cannot be returned, for reasons including hygiene - this includes, but is not limited to - Bed, Bathroom & more specialist Health-related products. If you are unsure of whether an item is available to be returned then please contact us before making a purchase.

Returns
Returns can be made by mail. To return a good by mail, follow the following the procedure on our delivery & returns page.

Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Echo Labs Pty Ltd (T/A Kineticare) and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Echo Labs Pty Ltd (T/A Kineticare) and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of South Australia.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Echo Labs Pty Ltd (T/A Kineticare) are unable to resolve any dispute through informal discussion, then you and Echo Labs Pty Ltd (T/A Kineticare) agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Echo Labs Pty Ltd (T/A Kineticare).

Notwithstanding any other provision in these Terms and Conditions, you and Echo Labs Pty Ltd (T/A Kineticare) agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Warranty Policy

At Echo Labs Pty Ltd T/A Kineticare, we are committed to ensuring the quality and reliability of our products. This warranty policy outlines the coverage, exclusions, and processes for warranty claims. To provide clarity and transparency, the following terms and conditions apply.

1. Warranty Coverage

This warranty covers defects in materials or workmanship for a specified period from the date of purchase.

2. Warranty Exclusions

The warranty does not cover the following:

•Normal Wear and Tear: Tyres, tubes, upholstery, armrests, bulbs, fuses, or other consumable items subject to regular use.

•Maintenance-Related Issues: Battery failure due to improper charging or neglect, debris in wheels, or other routine maintenance tasks.

•Damage from Improper Use: Misuse, accidents, overloading, exposure to water, or failure to follow the product manual.

•Unauthorised Repairs or Modifications: Repairs performed by unauthorised technicians or alterations to the product.

•Labour and Transport Fees: Labour and callout fees, transport costs, and shipping charges are not covered under warranty unless explicitly specified.

3. Warranty Process

Step 1: Initial Troubleshooting

Customers must complete all initial troubleshooting steps provided in the product manual or by our support team. This ensures the issue is accurately identified and may resolve the problem without further action.

Step 2: Submit a Warranty Claim

To lodge a claim, customers must contact warranty@kineticare.com.au and provide:

•Proof of purchase.

•A detailed description of the issue.

•Photos or videos clearly showing the problem.

•Relevant usage details, such as terrain, odometer readings, and battery charge levels.

Step 3: Manufacturer Review

We assess all claims in collaboration with the manufacturer to determine warranty eligibility. Final decisions are based on the manufacturer’s guidelines.

Step 4: Repairs or Replacement

If the claim is approved, defective parts will be repaired or replaced at no cost for the part itself. Customers are responsible for shipping and transport costs unless otherwise specified.

4. Service Area Policy

Metro Service Areas

We provide access to authorised service technicians in the following metro areas:

•Melbourne

•Sydney

•Brisbane

•Sunshine Coast

•Perth

Technician callouts and labour costs in these areas are not covered under warranty unless the issue is confirmed to be a warranty defect. Fees may apply for non-warranty repairs.

Rural Areas Outside Metro Service Zones

For customers outside the specified service areas, options include:

•Working with a local authorised technician (subject to manufacturer approval).

•Returning the product to us for assessment or repair.

•This may require a shipping pallet and secure packaging to transport the product safely.

•Transport costs are the customer’s responsibility.

5. Customer Responsibilities

To maintain warranty eligibility, customers must:

•Perform regular maintenance as outlined in the product manual.

•Use the product as intended and within weight capacity limits.

•Report issues promptly and provide accurate information for assessment.

Failure to meet these responsibilities may void the warranty.

6. Voided Warranty Conditions

The warranty is void if:

•The product is used improperly or outside its intended purpose.

•The product is modified or repaired without prior approval from Kineticare.

•Damage occurs due to accidents, exposure to water, or failure to follow maintenance guidelines.

•Batteries are not charged in accordance with manufacturer recommendations.

7. Additional Notes

•Our goods come with guarantees that cannot be excluded under Australian Consumer Law (ACL). Customers are entitled to a replacement or refund for major failures and compensation for foreseeable losses or damages.

•Warranty claims do not cover the cost of loan devices, though rental devices may be available at a reduced rate for extended repairs.

For our full warrantly policy, please visit this link - https://kineticare.com.au/pages/warranty-policy

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
support@kineticare.com.au
______________________________________

You can also contact us through the feedback form available on our Site.