PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS DOCUMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE DRAGONFLY.
THESE TERMS AND CONDITONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS HEREIN. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
In consideration of Your use of any Dragonfly provided by D-Fly Group Ltd, D-Fly USA, Inc. or any of their respective affiliates (“D-Fly”), You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in these Rider Terms and Conditions (“Terms and Conditions”).
These Terms and Conditions are subject to change by D-Fly (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on this website. You should review these Terms and Conditions before purchasing any product that is available through this website. Your continued use of this website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
You should CAREFULLY READ the Terms and Conditions before using the Dragonfly. Capitalized terms have the meanings given to them where defined in the Terms and Conditions.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH D-FLY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS CONTAIN RELEASES, DISCLAIMERS, AND ASSUMPTION OF RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES.
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric vehicles) must be obeyed, including any helmet laws in Your area.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is At Least 18 Years Old.
Rider represents and certifies that Rider is at least 18 years old.
1.2 Rider is a Competent Vehicle Operator.
Rider represents and agrees that they are familiar with the operation of the Dragonfly, and is reasonably competent and physically fit to ride the vehicle. You can find materials provided by the vehicle manufacturer within the user manual. By choosing to ride a Dragonfly, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Dragonfly. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
Further, Rider represents and agrees that they will use and operate the Dragonfly in a proper and safe manner, and under normal operating conditions. Normal operating conditions require adherence to vehicle manufacturer specifications as provided in in the user manual, and routine care and maintenance by You.
Rider acknowledges and understands that the U.S. Consumer Product Safety Commission recommends the following safety tips to help prevent scooter deaths and injuries and You agree to follow such tips as guidelines: CPSC Safety Alert: Electric-Powered Scooters.
1.3 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.
Rider agrees to follow all laws pertaining to the use, possession, riding, parking, charging, and/or operation of the vehicle, including all state and local laws and the rules and regulations pertaining to vehicles in the area where You are operating the vehicle, including any helmet laws.
Rider should check with local authorities for riding guidelines and restrictions. Many local jurisdictions prohibit the use of motorized scooters on roadways and sidewalks.
Rider acknowledges and agrees that certain states may require a driver’s license and may require certain safety equipment for use of the Dragonfly and that additional vehicle code requirements may exist. Rider undertakes sole responsibility to become informed of such applicable laws before purchasing the Dragonfly. Rider also acknowledges that riding the Dragonfly also creates a risk to others and You shall determine what insurance protection he requires before purchasing the Dragonfly.
It is the complete responsibility of the Rider to ensure that your Dragonfly is operated in accordance with all applicable laws. You assume all liability and risk associated with the use of the Dragonfly.
1.4 Prohibited Acts
Rider agrees to the following:
D-Fly recommends against operation of a vehicle while carrying or holding a briefcase, backpack, bag, smart phone or other item that can alter balance or impair safe operation of the Dragonfly. If You choose to carry such an item, D-Fly recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the vehicle safely.
You must not place heavy objects on the handlebar of the Dragonfly, such as heavy backpacks or bags.
While riding a Dragonfly, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Dragonfly safely.
You must not operate a Dragonfly while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Dragonfly safely.
You must not carry a second person or child on a Dragonfly.
You must not mount or dismount curbs or any other elevated surface. The Dragonfly is not a stunt scooter. It’s intended use is for road surfaces, trails, tracks, paths and parks - where You can legally ride.
1.5 Vehicle is Intended for Only Limited Types of Use.
Rider agrees that they will not use the Dragonfly for racing, or stunt or trick riding. Rider agrees that they will not operate and/or use the Dragonfly through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others.
1.6 Weight and Cargo Limits.
You must not exceed the maximum weight limit for the Dragonfly as set forth in the user manual.
1.7 No Alterations.
You must not tamper with, alter software or hardware on Dragonfly which will void Your warranty.
1.8 Charger & Plug.
Rider agrees to ONLY use charger and plug provided by D-Fly. No other charger or plug may be used for charging Dragonfly.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
1.10 Electric Vehicle.
The Dragonfly is an electric vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the vehicle safely and prudently in light of the vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
The level of charge power remaining in the Dragonfly will decrease with use of the Dragonfly (over both time and distance), and that as the level of charge power of the Dragonfly decreases, the speed and other operational capabilities of the Dragonfly may decrease (or cease in their entirety).
The rate of loss of charging power during the use of the Dragonfly is not guaranteed and will vary based on the Dragonfly, road conditions, weather conditions, and other factors.
1.11 Charging of Vehicle.
Rider may charge the Dragonfly only by plugging a manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Dragonfly, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle.
2.1 Safety Check.
Before each use of a Dragonfly, Rider shall conduct a basic safety inspection of the vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the deck, tiller, tires & wheels; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Dragonfly if there are any noticeable issues, and to immediately notify customer service to alert D-Fly of any problems.
2.2 Helmets; Safety.
D-Fly recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. D-Fly does not represent or warrant the quality or safety characteristics of any helmet, and the Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using the Dragonfly, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed herein.
3. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION AND BINDING ARBITRATION.
All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
YOU AND D-FLY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 3 (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR D-FLY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
4. GOODS NOT FOR RESALE OR EXPORT.
You represent and warrant that You are buying the Dragonfly from the website for Your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
5. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
Rider agrees to fully release, indemnify, and hold harmless D-Fly and all of its respective owners, managers, members, partners, officers, employees, contractors, officers, directors, equityholders, affiliates, successors and assigns (collectively, the “Released Persons”) for all “Claims” arising out of or in any way related to Rider’s use, possession or operation of, or participation with, the Dragonfly or any other user’s use, possession or operation of, or participation with, the Dragonfly purchased by Rider, including, but not limited to, those Claims related to the legal possession, operation or use of the Dragonfly purchased by You and those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. This release is intended to be a general and complete release of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent).
Rider acknowledges and agrees that riding the Dragonfly has certain inherent risks of injury and or death, which risks increase further if the vehicle is not used in accordance with safe riding procedures and the terms hereof and pursuant to the user manual. Rider is further aware that the usual risks, hazards and dangers of personal injury, death and disability increase when using ramps, curbs, steps, half pipes, inclines, or declines, bowls or any other structure or device. Rider also understands that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience or skill, are using the same vehicle.
Further, Rider is aware that Rider’s use of the Dragonfly involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
vehicles and other objects;
vehicle or component malfunction;
failure to follow applicable laws regarding use and/or operation of the vehicle;
commission of any of the prohibited acts listed in Section 1.4;
failure to perform the required safety check pursuant to Section 2.1;
failure to wear a helmet, including, but not limited to, where required by law; and
negligent acts or omissions by D-Fly, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe and legal operation of the Dragonfly at all times. Rider agrees that vehicles are machines that may malfunction, even if the vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards. RIDER ASSUMES THE RISK OF ANY INJURY OR DAMAGE TO PROPERTY OR PERSON ARISING FROM THE USE, POSSESSION OR OPERATION OF THE DRAGONFLY, AND D-FLY DISCLAIMS ANY LIABILITY FOR YOUR USE, POSSESSION OR OPERATION OF THE DRAGONFLY.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of D-Fly, the Released Parties or any other party. Rider hereby expressly waives any claims against the Released Parties or any other party which Rider does not know or suspect to exist in Rider’s favor at the time of use of the Dragonfly, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.
6. LEGAL STATUS.
IT IS THE RESPONSIBILITY OF RIDER, NOT D-FLY, TO ASCERTAIN, AND OBEY, ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS IN RESPECT OF THE USE, POSSESSION AND OPERATION OF THE DRAGONFLY, AND D-FLY DISCLAIMS ANY AND ALL LIABILITIES FOR YOUR COMPLIANCE WITH APPLICABLE LAW IN THE USE, POSSESSION OR OPERATION OF YOUR DRAGONFLY. Should Your Dragonfly be confiscated by customs in Your country or any other country, You will NOT be refunded and You waive any rights you may have to deny Your payment to D-Fly.
You will not assign any of Your rights or delegate any of Your obligations hereunder without our prior written consent. Any purported assignment or delegation in violation hereof is null and void. No assignment or delegation relieves You of any of your obligations hereunder. The failure by us to enforce any right or provision hereof will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of D-Fly. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than You.
We may provide any notice to You hereunder by (i) sending a message to the email address You provide or (ii) by posting to the website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is Your responsibility to keep your email address current.
If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
These Terms and Conditions are effective and binding upon Rider’s heirs, agents, personal representatives and assigns. Rider has read the foregoing and acknowledges that they understand and agree to all of the above terms and conditions. Rider has had the opportunity to ask any and all questions regarding these Terms and Conditions and the effect of the same. Rider agrees that by purchasing items or sending payment for items, they assume all risks and waive and release certain substantial rights that they may have or possess.
9. RIDER ACCEPTANCE.
Rider represents and certifies that Rider has read and expressly agrees to the Terms and Conditions hereof. Rider intends their assent to these Terms and Conditions to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.
Rider represents and certifies that Rider is familiar with the operation of the Dragonfly, and is reasonably competent and physically fit to ride the vehicle.
Rider represents and certifies that Rider is 18 years old or over, will wear a helmet where required by applicable law, will ride at Rider’s own risk, will not ride a Dragonfly with another occupant, and will obey all applicable traffic laws.
By placing an order, Rider represents that the Dragonfly will be used in a lawful manner.