1. Thank you for visiting the eMuza Mobility Web site (the "Site"). eMuza.ca is designed to provide a convenient, private and informative shopping experience for consumers to purchase electronic mobility devices.  eMuza Mobility and its subsidiaries, affiliates, and fulfilment partners ("we,” “us,” “our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

     PRIVACY

    Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

     ELECTRONIC COMMUNICATIONS

    When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

     Copyright Notice

    eMuza Mobility, eMuza.ca Copyright © 2019 Kace Industries ltd. All rights reserved. All trademarks mentioned herein belong to their respective owners. Unless identified with the designation “Copy Freely”, the contents of this web site are copyrighted by Kace Industries ltd.   In consideration of this authorization, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained herein.

     YOUR ACCOUNT OBLIGATIONS
    In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

    You may receive a password and account designation when you have completed the Account Information. If so, you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

    YOUR CONDUCT
    Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

    You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

    SWEEPSTAKES AND CONTESTS
    From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.

    SITE CONTENT
    You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Canadian copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

    COLOR/PRODUCT DESCRIPTION
    We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

    LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

    You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

    OUR RIGHTS
    We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

    We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

    Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products unless you are a contracted dealer or associate. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

    .LINKS TO THIRD PARTY SITES
    Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

    SUBMISSIONS
    We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material ("Submissions") as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission.EMuza.ca reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.

    By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.

    By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.

    APPLICABLE LAW
    We control the Site from our offices within Canada. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canadian export laws and regulations. Any claim relating to the Site, the services provided through the Site or the content shall be governed by the internal laws of the province of BC, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Surrey, British Columbia, Canada.

    TERMINATION
    These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

    SALES TAX
    Taxable items that are shipped to customers in Canada are subject to tax at the appropriate provincial and local rate.

    CUSTOMS FEES AND VAT (VALUE ADDED TAX)
    If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. EMuza.ca is not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.

    We cannot determine these fees in advance. We recommend that you check with your local customs office or post office for details on how these charges are assessed and applied.  Please note that if your order has reached your country of destination and it is returned to us as Unclaimed or Refused due to VAT or customs fees imposed by your country, it can often take up to 6 months for us to receive, and we must receive the order back before we can issue you a refund.

    GENERAL INFORMATION
    These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

    Once a product is ordered, and has left our facility, you understand that this product sale cannot be cancelled.

    The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

     WARRANTY
    eMuza Mobility’s manufacturer warrant the x1 scooters to be free from defects in materials and workmanship for the periods stated below under each limited warranty section. 

    If within such warranty period, any such products shall be proven defective, such product shall be repaired or replaced at eMuza’s discretion.  This warranty does not include any labour or shipping charges incurred in replacement part installation or repair of any such product.

    For warranty service, please contact eMuza Mobility directly.

    The products listed on our website ARE NOT designed for commercial use.  Therefore, any commercial use of the equipment we sell will void any warranty on the product.

     3 YEAR LIMITED WARRANTY

    Structural frame components including chassis, steering mechanism, seat mechanism, rear wheel extensions, weld on entire product.

     2 YEAR LIMITED WARRANTY

    All electronic parts, including controllers and battery chargers.  An authorized dealer must carry out servicing to the controller or battery charger.  Any attempt to dismantle these items renders the guarantee void on that item.

     1 YEAR LIMITED WARRANTY

    Drivetrain, including motor, front wheel fork and brake.

    Batteries are covered by a one-year warranty from the original manufacturer.  Gradual deterioration in battery performance due to not following usage instructions specified in owner’s manual or worn out through heavy use is not covered.

     WARRANTY EXCLUSIONS

    ABS plastic

    Seat upholstery

    Tires and tire tubes

    Repairs and/or modifications made to any part of the product or accessories without specific and prior written consent from eMuza.

    Circumstances beyond the control of eMuza.

    Damage caused by: battery malfunction, abuse misuse, accident or negligence, improper operation, maintenance or storage, commercial use or use other than normal.

    Labour service calls, shipping, and other charges incurred for repair of the product.

    If the serial number has been removed or defaced.

    Such evaluation will be solely determined by eMuza Mobility.

    eMuza Mobility shall not be liable for any consequential or incidental damages whatsoever.

    This warranty is extended only to the original purchaser/user of our products.

     Return Policy

    We understand that sometimes you receive an item that is not right for you. Your purchase comes with our standard 30-Day Return Policy. If you are not satisfied with your purchase, simply complete the Return Merchandise Authorization Form and notify us to get a Return Merchandise Authorization (RMA). Once you have received the RMA, you may ship the product back us.

    You will be issued a refund on your returned product after we have performed a full examination of the equipment. We inspect for any damages, including dents, scratches, chips, dings or overall wear and tear while in your possession. The refund issued will have the cost of any damage deducted from the refund total.

    You are fully responsible for shipping and handling, including shipping insurance, and are held responsible for lost shipment or any damages occurring during shipment. Shipping and handling is NON-REFUNDABLE. If you received FREE SHIPPING when you purchased from eMuza Mobility, that shipping cost will be deducted from your refund total.

    Policy Outline

    ·       The customer is fully responsible for all return shipping costs

    ·       Shipping and handling is NON-refundable

    ·       Your order must be returned (shipped) back to us within 30-days from the date of when you received the order shipment

    ·       Any damages having occurred while in your possession will be deducted from your refund total, unless otherwise noted

    ·       A 20% restocking fee will be charged on all returns.

    Additional Statements

    ·       Replacement parts may NOT be returned

    ·       Accessories may NOT be returned

    Orders being returned MUST be shipped back in its original packaging when the product was shipped to you after purchase.

    You must complete the Return Merchandise Authorization (RMA) form and receive proper approval before we can process your refund. The RMA form must be submitted to us electronically. Once we receive your RMA form, we will email you with the following details:

    Your RMA #

    ·       Ship-to Return address

    ·       Projected refund amount

    We will not accept any returns to our warehouse without prior RMA approval. Without prior RMA approval, absolutely no refund will be issued.

    Refused Goods:

    If delivery of an item is refused, outward & return shipping costs are deducted from the issued credit and a 20% restocking fee will apply.  

    Cancellations:

    Orders cancelled before the item are shipped the customer is entitled to a full refund minus a 4% card processing fee. 

    You can expect a refund within 5-7 days of our receiving and completing an inspection on your returned product.