Terms and conditions

TORQ it up!

Welcome to TORQ Industries!

These terms and conditions outline the rules and regulations for the use of TORQ INDUSTRIES PTY LTD's Website, located at https://torqindustries.com.au.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use TORQ Industries if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalise your online experience. By accessing TORQ Industries, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, TORQ INDUSTRIES PTY LTD and/or its licensors own the intellectual property rights for all material on TORQ Industries. All intellectual property rights are reserved. You may access this from TORQ Industries for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from TORQ Industries
Sell, rent, or sub-license material from TORQ Industries
Reproduce, duplicate or copy material from TORQ Industries
Redistribute content from TORQ Industries

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. TORQ INDUSTRIES PTY LTD does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of TORQ INDUSTRIES PTY LTD, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, TORQ INDUSTRIES PTY LTD shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

TORQ INDUSTRIES PTY LTD reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant TORQ INDUSTRIES PTY LTD a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organisations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organisations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organisations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organisations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of TORQ INDUSTRIES PTY LTD; and (d) the link is in the context of general resource information.

These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to TORQ INDUSTRIES PTY LTD. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of TORQ INDUSTRIES PTY LTD's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

IMPORTANT

OFF-ROAD USE ONLY

The Torq TI110E is supplied strictly for off-road use only. It is not road registrable, not ADR approved, and must not be used on public roads, road-related areas, footpaths, cycle paths, or any area governed by Commonwealth, State or Territory road transport legislation.

Use in prohibited areas may result in fines, vehicle impoundment, licence suspension, and civil or criminal liability.

By purchasing our product, you acknowledge and agree that:

You are solely responsible for determining whether use is lawful in your State or Territory.
The vehicle will only be used on private property or approved off-road environments.
You assume all risks associated with its operation.
You will ensure appropriate protective gear is worn at all times.
You will not modify the vehicle in breach of Australian laws.
The seller is not liable for penalties or consequences arising from unlawful use, to the maximum extent permitted by the Australian Consumer Law.

TEST RIDE WAIVER FORM:

TORQ Industries may offer a test ride prior to purchasing an off-road electric vehicle, subject to completing the waiver agreement (see example below).

TEST RIDE WAIVER & DAMAGE AGREEMENT

(Off-Road Use Only Vehicle)

Business Name: ___________________________
Rider Name: ___________________________
Licence/ID No.: ___________________________
Phone: ___________________________
Date: ____ / ____ / ______

1. Off-Road Use Only

I acknowledge the vehicle is supplied strictly for off-road use only. It is not road registrable, not ADR approved, and must not be used on public roads or road-related areas. The test ride will occur only in an approved off-road area.

2. Assumption of Risk

I understand that operating an off-road electric vehicle involves inherent risks including loss of control, collision, injury, or death.
I voluntarily accept all risks associated with this test ride.

I confirm that:

I am 18 years or older;
I am fit to operate the vehicle;
I am not under the influence of drugs or alcohol;
I will wear an approved helmet and follow all instructions given.

3. Release & Indemnity

To the maximum extent permitted by law, I release and indemnify the business, its owners, and staff from liability for injury, loss, or damage arising from my participation in the test ride, except where liability cannot be excluded under the Australian Consumer Law.

4. Damage Excess & Responsibility

I accept full responsibility for any damage caused to the vehicle during the test ride arising from misuse, negligence, reckless riding, or failure to follow instructions.

I agree to pay:

The full cost of repairs; or
An excess amount
whichever is specified by the business prior to the test ride.

The business may retain any security deposit provided to cover damage.

5. Acknowledgment

I confirm I have read and understood this agreement and sign voluntarily.

Rider Signature: ___________________________
Print Name: ___________________________
Date: ____ / ____ / ______

WARRANTY:

LIMITED WARRANTY – 14 DAYS / 100KM

Warranty Period:
The seller provides a limited warranty for a period of 14 days from the date of delivery or 100 kilometres of use, whichever occurs first.

What is Covered:
This warranty covers manufacturing defects in major mechanical or electrical components that arise under normal, intended off-road use during the warranty period.

What is Not Covered:
This warranty does not cover:

Normal wear and tear
Consumable items (including but not limited to tyres, tubes, brake pads, chains, sprockets, batteries subject to misuse, plastics, cables, bearings, and cosmetic components)
Damage caused by misuse, neglect, accident, water ingress, racing, jumping, overloading, or improper storage
Damage caused by unauthorised modifications or repairs
Improper assembly where the vehicle was supplied unassembled
Commercial, hire, or competition use
Failure to follow maintenance requirements

Warranty Remedy:
If a defect covered by this warranty is confirmed, the seller will, at its discretion:

Repair the defective component, or
Replace the defective component with an equivalent part.

This warranty does not cover freight costs unless agreed in writing.

Important Consumer Law Notice

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This limited warranty is provided in addition to your rights under the Australian Consumer Law.

Conditions

Warranty claims must be made in writing within the warranty period.
Proof of purchase is required.
The odometer reading at time of claim must not exceed 100km.
The vehicle must not be used on public roads or in prohibited areas.

Terms and Conditions