Terms & Conditions

WEBSTORE TERMS AND CONDITIONS  

The following terms and conditions govern the use of the Fusion Sport webstore; by using the webstore, you accept these terms and conditions of use in full. If you disagree with these terms and conditions of use or any part of these terms and conditions of use, you must not use the Fusion Sport webstore.


All goods and services (“Products”) supplied by Fusion Sport Pty Ltd (Fusion Sport) to Customers are supplied under these terms and conditions.

ACCESS AND USE OF THE WEBSTORE

You must only use the webstore in accordance with these Terms and Conditions and any applicable law. You must not attempt to:

  • Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the webstore or the servers or networks that host the webstore;
  • Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the webstore; or
  • Interfere (or attempt to interfere) with security-related or other features of the webstore.

We do not warrant that the webstore will be available at all times and without disruption and we provide no warranties in relation to the content of any other links included from our webstore.

You must not link to our webstore or any part of our webstore in a way that damages or takes advantage of our reputation in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or in a way that is illegal or unfair. 

INFORMATION ON THIS WEBSTORE

The webstore and the content on the webstore are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Fusion Sport.

 

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the webstore except as permitted by statute or with our prior written consent. 

 

PRIVACY STATEMENT

Personal Information Collected

Fusion Sport may collect information from you directly. Collection of your personal information can occur through the following interactions:

  • When you access and use our webstore;
  • When you complete purchase orders, requests or applications for our products or services (by phone, in person or electronically);
  • When you communicate with us directly (by email, telephone, direct mail or any other means).

 

Collection of Personal Information 

    We collect your personal information so that we can carry out the following actions to:

    • Provide you with products and services that you have requested from us;
    • Communicate with you, including about products and services;
    • Answer your questions and provide you with information or advice;
    • Create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
    • Provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers;
    • Consider and respond to complaints made by you;
    • Comply with laws or regulations or to comply with any directions given by regulators or authorities.

    Unsubscribing from Mailing List

    If you have subscribed to our mailing list, you may unsubscribe from it at any time:

    1. Open any newsletter sent to you by Fusion Sport
    2. Scroll to the bottom of the newsletter and click 'Unsubscribe'. 

    Security of Your Personal Information

    Fusion Sport ensures that all information collected will be safely and securely stored. If you believe that your privacy has been breached by Fusion Sport please contact us through the online support form: requesting support at: https://www.fusionsport.com/request-support/ and we will resolve the issue.  

    Collection of Computer Data

    When you visit the Fusion Sport webstore, our company servers will automatically record information that your browser sends whenever you visit a webstore. This data may include:

    • Your computer's IP address;
    • The pages within the webstore you visit;
    • The time spent on those pages, items and information searched for on our webstore, access times and dates, and other statistics.

    This information is collected for analysis and evaluation in order to help us improve our webstore and the services and products we provide. This data will not be used in association with any other personal information.

    Changes of the Privacy Policy

    Fusion Sport reserves the right to modify and change the Privacy Statement at any time. Any changes to this policy will be published on our webstore.

     

    PRODUCT USE TERMS AND CONDITIONS

    All goods and services (“Products”) supplied by Fusion Sport Pty Ltd (Fusion Sport) to Customers are supplied under these terms and conditions:

    • No purchase order shall be binding on Fusion Sport until accepted by Fusion Sport sales order administration. An individual contract for the supply of Products, on these terms and conditions, is formed upon acceptance by Fusion Sport of an order from the Customer. Fusion Sport reserves the right to accept any order in whole or in part. Where Fusion Sport makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Fusion Sport unless alternate arrangements are agreed in writing by Fusion Sport.
    • Unless otherwise agreed in writing, all orders are accepted by Fusion Sport subject to full payment prior to despatch of the Products from Fusion Sport.
    • Ownership in the Products does not pass to the Customer until the Customer has discharged to Fusion Sport all outstanding indebtedness, whether in respect of the Products or otherwise.
    • Fusion Sport reserves the right to recover from the Customer all goods and services (Value Added) tax (GST or VAT) payable in respect of the supply of Products to the Customer.
    • The failure by Fusion Sport to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
    • Unless specified otherwise, Fusion Sport warrants to the Purchaser that Fusion Sport branded products (excluding third party products and software) will be free from defects in materials and workmanship affecting normal use for a period of one year from date of delivery evidencing supply to Customer.


    WARRANTY

    • Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electric power, servicing not authorised by Fusion Sport, usage and or storage and or installation not in accordance with Product instructions, failure to perform required preventative maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by person other than Fusion Sport personnel or any person authorised by Fusion Sport to adjust, repair or support the Products and problems caused by the use of parts and components not supplied Fusion Sport. The Standard Warranty does not cover any items that are in one or more of the following categories; software; external devices; accessories or parts added the product after the product is shipped from the Seller; accessories or parts that are not installed in the Seller’s factory.
    • This warranty is specifically limited to the replacement or repair of any such warrantable defects, without charge, when the complete Product is returned to Fusion Sport or to an Authorized Distributor or to an Authorized Service Centre, as directed at the time the return has been authorized by issue from Fusion Sport of a Return to Manufacturer Authority (RMA). You may contact Fusion Sport by requesting support at: https://www.fusionsport.com/request-support/ for a repair authorization. When it is deemed appropriate to provide replacement of defective components pursuant to this warranty the replacement parts shall be warranted for the remainder of the warranty period applicable to the original component.
    • Fusion Sport shall be the sole judge as to whether the warranty is applicable for any particular alleged product defect/s. Products that are returned for warranty examination and that are found to be not eligible for warranty repair may be repaired at a charge but in all such instances, the party returning the item under an RMA will be first notified and will be given the opportunity to approve any charges. In cases where no chargeable work as been authorized the item/s will be returned to the party sending the goods in under an RMA freight collect. Where a charge is authorized, a copy of a purchase order with the amount of the charge must be received by Fusion Sport either by mail or by fax and payment must be made in full before any equipment is returned. Repairs carried out under genuine warranty conditions will be returned to the sender freight by prepaid.
    • THIS EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. Fusion Sport PTY LTD SHALL NOT BE LIABLE FOR WARRANTY IN ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF THE GOODS. FUSION SPORT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
    • Buyer acknowledges that it is not relying on Fusion Sport’s skill or judgment to select or furnish goods suitable for any particular purpose and that there are no warranties that extend beyond the description on the face hereof.
    • This warranty extends only to the original purchaser and shall not apply to any products or parts that have been subject to misuse, neglect, accident, or abnormal conditions or operation.
    • Except as expressly provided above, Fusion Sport shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Fusion Sport or the failure of Fusion Sport to comply with these terms and conditions.
    • These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.

    These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order.

     

    SMARTSPEED CLOUD DISCLAIMER

    As a cloud based service, we will use commercially reasonable efforts to provide you the Services relating to your Account indicated in our marketing material. In the event of any faults please request support at: https://www.fusionsport.com/request-support/  


    EXCEPT AS EXPRESSLY PROVIDED HEREIN, FUSION SPORT HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY A COACH OR SPONSOR RELATING TO YOUR USE OF THE SITE. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A SPONSOR OR A COACH AGAINST FUSION SPORT.
     


    FUSION SPORT MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fusion Sport OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAIL SENT FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).


    HEALTH AND SAFETY

    Precautions When Using Batteries  

    • Never use any charger or battery that is damaged in any way
    • Use the battery only for its intended purpose
    • If left unused, a fully charged battery will discharge itself over time
    • Always charge in or as close to room temperature (20 degrees Celsius) as extreme temperatures will affect the charging capacity of the batteries
    • If batteries will not recharge (batteries provided have a recharge life of 800 times), DO NOT ATTEMPT to change the batteries yourself. Instead contact your local service provider. 

    Electronic Devices

    • Most modern electronic equipment is shielded from radio frequency (RF) signals. However, certain electronic equipment may not be shielded against the RF signals from the units.
    • Pacemakers: Pacemaker manufacturers recommend that a minimum of 15cm should be maintained between the units and a pacemaker. 
    • Hearing Aids: Some wireless technology can interfere with some hearing aids. In the event of such interference, you may wish to consult your hearing aid manufacturer to discuss alternatives.

    Other Medical Devices

    • If you use other personal medical devices, consult the manufacturer of your device to determine if it is adequately shielded from external RF energy. Your physician may be able to assist you in obtaining this information.

    Vehicles

    • RF signals may affect improperly installed or inadequately shielded electronic systems in motor vehicles. Check with the manufacturer or its representative regarding your vehicle. You should also consult the manufacturer of any equipment that has been added to your vehicle.

    Potentially Explosive Atmospheres

    • Switch off all units in any area with a potentially explosive atmosphere and obey all signs and instructions. Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death.
    • Users are advised to switch off all units while at a refueling point (service station). Users are reminded of the need to observe restrictions on the use of radio equipment in fuel depots (fuel storage and distribution areas), chemical plants or where blasting operations are in progress.
    • Areas with a potentially explosive atmosphere are often but not always clearly marked. They include below deck on boats, chemical transfer or storage facilities, vehicles using liquefied petroleum gas (such as propane or butane), areas where the air contains chemicals or particles, such as grain, dust or metal powders, and any other area where you would normally be advised to turn off your vehicle engine. 

    FCC STATEMENTS

    The SMARTSPEED range equipments have been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.

    If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: re-orient or relocate the receiving antenna, increase the separation between the equipment and receiver, connect equipment and receiver to outlets on different circuits, or consult the dealer or an experienced radio/TV technician for help.

    US FCC Labeling Requirements (FCC Part 15.19)

    This device complies with Part 15 of the FCC Rules.
    Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

    US FCC Modification warning (FCC Part 15.21)

    Warning: Any changes or modifications not expressively approved by Fusion Sport could void the user’s authority to operate this equipment.

    FCC ID: UQM-SMARTSPEED

    SUPPORT

    We may provide you with support for your Account ("Support") via the following methods, which may include, without limitation: online self-help support center; forums; the Site; email; and voicemail. We will use commercially reasonable efforts to respond to Support requests within 48 hours after the request is placed.  

    LIMITATION OF LIABILITY

    To the fullest extent permitted by applicable laws Fusion Sport, on behalf of ourselves and our employees, agents, suppliers and contractors, exclude and disclaim liability for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fusion Sport has been advised of the possibility of such damages), arising out of or in connection with the use of the services and the site, or otherwise resulting from: (1) the use or the inability to use the services or the site; (2) the cost of procurement of substitute products and services resulting from any goods, content, data, information or services purchased or obtained or messages received or transactions entered into through or from the sites; (3) unauthorized access to or alteration of your transmissions, content or data; (4) statements or conduct of any third party on the site; or (5) any other matter relating to the site. You assume total responsibility for establishing such procedures as data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis.

    Fusion Sport’s total cumulative liability in connection with these terms of use, the site and all services provided under these terms of use, whether in contract or tort or otherwise, will not exceed one (1) US dollar. You agree that the fees reflect the allocation of risk set forth in these terms of use and acknowledge that Fusion Sport would not enter into these terms of use without these limitations on its liability.

    These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

    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 (1) year after such claim or cause of action arose or be forever barred. 

    INDEMNITY

    You will indemnify and hold harmless Fusion Sport, and its subsidiaries, affiliates, officers, agents or other partners, users, and employees, from and against any claim, liability, loss, expense or demand, including reasonable attorneys' fees, relating to or arising out of your Content, your use of any other Content, your use of or connection to the Site and Services (including any information, materials, products or services available through the Site or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.

    DATA PRIVACY

    The data stored within the site is your data and will not be used by Fusion Sport for any purpose without your express written permission, with the following exceptions:

    • We may use the data collected with respect to the use of your Fusion Sport products to examine use patterns, hardware, firmware and software version numbers, error logs and diagnostic information.
    • We may use your contact details registered with us to contact you with regards to faults, promotions or other messages.
    • The data stored within this site is cloud hosted within the Commonwealth of Australia using Amazon Web Services. As no identifying data apart from names are stored on your athletes within the site, rules regarding personal data privacy of your athletes do not apply.