Effective Date: 1st April 2023

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1. ABOUT US

 

• 1.1.  We are D-Fly USA Inc. (“D-Fly USA,” “we,” “us,” and “our”)

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• 1.2. Please read our Terms & Conditions (these “Terms”) carefully. If you have any questions, please email us at info@dragonflyhyperscooter.com or write to us at the above address.

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• These Terms govern your purchase of our Dragonfly Hyperscooters or other products (“Products”) and your use of our websites on which these Terms are posted (collectively, the “Website”). By placing an order for one of our Products or using the Website, you agree to our Terms.

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2. THESE TERMS

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• 2.1. These Terms tell you who we are, provide you with details of how to submit an order, explain how you may cancel your order and receive a refund, and provide other important information.

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• 2.2. BINDING ARBITRATION. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND D-FLY USA MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 7 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US.

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• 2.3. We reserve the right to make changes to any part of these Terms from time to time. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Website after the Effective Date of any changes constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

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• 2.4. You acknowledge and agree that we may collect, use, store and process your personal data in accordance with our Privacy Policy. This includes processing your name, country of residence, postal address, telephone number and email address in order to contact you with sales related, production, pricing, and technical information.

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• 2.5. If you have provided us with the appropriate marketing consents, we may send you information about the Products and our similar products or services.

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3. YOUR ORDER

 

• 3.1. These Terms govern the basis on which your order is accepted for a slot in our manufacturing program.

 

• ​3.2. To place an order you must: be at least 18 years old (and we reserve the right to verify you age); complete the online order at www.dragonflyhyperscooter.com  or one of our other Websites where online orders may be submitted; and pay the full balance of your cart (see refund policy section for further details). You are liable for all transaction taxes for purchases on the Website, including any applicable sales, use or value added taxes.

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• 3.3. Please note: you may cancel your Order and obtain a full refund prior to dispatch of your order. (See Return and Refund Policy).

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• 3.4. In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

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• 3.5. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

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• 3.6. We reserve the right, at our sole discretion, to limit the quantity of Products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied.

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4. REFUNDS

 

• 4.1. To cancel your Order and request a refund, please email us hello@d-fly.com. Returns and refunds will be processed in accordance with our Return and Refund Policy.

 

5. THE PRODUCT

 

 

• 5.1.Following confirmation of your Order and prior to dispatch we will send you final details of the Product.

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• 5.2.All information, images, technical specification and design as seen on the Website or any promotional media or literature may not reflect the final Product and are subject to change.

 

• 5.3.The specifications and price set out are subject to change at our sole discretion.

 

6. USE OF OUR WEBSITE

 

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• 6.1. You may be required to register for an account to use parts of the Website. You agree that the information you provide to us during the registration process and at all other times when you use the Website is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that D-Fly USA has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, D-Fly USA has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

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• 6.2. D-Fly USA grants you a non-exclusive, non-transferable, revocable, limited license to use the Website subject to these Terms and D-Fly USA policies made available on the Website. The Website, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Website (collectively, the “Content”) are the property of us or our licensors, as applicable. The Website and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors. Neither the Website nor any related Content may be reproduced, copied, framed, linked to or otherwise exploited for any commercial purpose without the express prior written consent of D-Fly USA.

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• 6.3 Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website including any ideas, comments, suggestions, feedback, data or the like (“User Submissions”) will be considered non-confidential and non-proprietary. D-Fly USA will have no obligations with respect to the User Submissions. You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to D-Fly USA, you agree D-Fly USA is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. D-Fly USA and our designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

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• 6.4. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (i) accessing data not intended for you or logging onto a server or an account which you is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Website or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.

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• 6.5. The Website may contain links to third-party websites, applications and advertisements. Please understand that those third-party websites, applications and advertisements have different terms of use and privacy policies, and that D-Fly USA does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. These Terms do not apply to third-party websites.

 

7. COMMUNICATIONS

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• 7.1. By creating an account with us, you electronically agree to accept and receive communications from us including via email, text message, and calls to the cellular and other telephone numbers you provided to us. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings in your account. 

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8. DISCLAIMER; LIMITATION OF LIABILITY

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• 8.1. We will provide your Order to you with all reasonable skill and care, and in accordance with these Terms. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

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• 8.2. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL D-FLY USA, INC., ITS AFFILIATES OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE OR OUR PRODUCTS. IN NO EVENT SHALL OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE PRODUCTS OR THE WEBSITE EXCEED THE PURCHASE PRICE YOU PAID TO D-FLY USA FOR ANY PRODUCTS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

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• 8.3. Any claims arising in connection with your use of the website or our products must be brought within one (1) year of the date of the event giving rise to such action occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.

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9. AGREEMENT TO ARBITRATE

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In consideration of and as a condition of your use of our Website and your purchase of our Products, you and D-Fly USA (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

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• 9.1. Applicability; Exclusions; Court and Jury Trial Waiver. The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

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• 9.2. Covered Disputes. The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against D-Fly USA but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys. 

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• 9.3. Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding. Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute. 

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• 9.4. Selection and Authority of Arbitrator; Full Remedies Available; Enforceability. The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

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• 9.5. Class and Collective Action Waiver; No Consolidated or Joint Actions. The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

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• 9.6. Fees, Award. The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, D-Fly USA will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, D-Fly USA shall, at the conclusion of the proceedings, pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

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10. OTHER IMPORTANT TERMS

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• 10.1. Advice about your consumer rights. As a consumer, you may have mandatory legal rights in relation to services that are not provided with reasonable skill and care or not as described, or as otherwise set out under laws applicable to your country. Nothing in these Terms will affect these mandatory legal rights.

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• 10.2. Site availability. Whilst we will try and make the order process available to you via the Website, we cannot guarantee this. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS," WITH ALL FAULTS.

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• 10.3. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation within our group company.

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• 10.4. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

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• 10.5. Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

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• 10.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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• 10.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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• 10.8. These terms are governed by Delaware law, without regard to its conflicts of laws rules.