IMPORTANT: These Terms and Conditions include a class action waiver and resolution of disputes by arbitration instead of in court. See Section 29.2 below for more information.

Apollo Scooters General Terms and Conditions
Effective from November 1, 2022
Last updated on November 13, 2023

1. Definitions

In these general terms and conditions (“Terms”), the following definitions shall apply:

1. Agreement: any and every agreement entered into in a signed writing between Apollo Scooters and a Customer including these Terms, and any amendment thereto.
2. Customer, or You, Your: all natural or legal persons with whom Apollo Scooters enters into an Agreement, who make use of Apollo Scooters’ website, or with whom Apollo Scooters is negotiating about the conclusion of an Agreement and/or delivers Products and to whom Apollo Scooters provides Services;
3. Services: all services provided by Apollo Scooters to the Customer, which may be linked to the purchase of Products;
4. Product(s): any and all goods which are the subject of an Agreement and/or purchased from Apollo Scooters, including Scooters and scooter accessories;
5. Scooter(s): any and all electric scooter products which are the subject of an Agreement;
6. Order: any order issued by a Customer to Apollo Scooters in any form whatsoever;
7. A-Crew: an Apollo Scooters certified scooter mechanic who works in Apollo Scooters’ physical store locations & warehouses;
8. Apollo Repair Centre: a physical sales & repair location of Apollo Scooters, current addresses are listed on the Apollo Scooters website at: https://apolloscooters.co/pages/locations
9. Privacy Policy: the statement to be consulted by the Customer on the website of Apollo Scooters regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located at https://apolloscooters.co/pages/privacy-policy.
10. Apollo Scooters, Apollo, or We or Us: The private company with limited liability under American law Apollo Imports Inc., having its registered offices in Newark, DE U.S.A.

2. Applicability

1. The Terms shall be applicable to, and are entered into in consideration of, all Product sales and related Services, actions and legal transactions between Apollo Scooters as a seller and a Customer.
2. The Terms apply to every offer of Product(s) or Services from Apollo Scooters to the Customer and/or Customer purchase or receipt of same.
3. Apollo Scooters delivers Products exclusively to Canada and the continental United States (Excluding Hawaii and Alaska). If you submit a delivery address outside these locations, Apollo Scooters reserves the right to decline the order.
4. To be able to place an order for Products and/or Services, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address.
5. You shall bear the sole and exclusive responsibility for all aspects of your Scooter rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each country. It is your responsibility to assess your compliance in this respect.
6. Placing an online order on the website constitutes a formal acceptance of Apollo Scooters’ Terms and conditions of sale, and of the Apollo Scooters’ app's conditions of use.
7. Applicability of any general terms and conditions applied by Customer, including any additional, inconsistent or different terms in an Order, are explicitly dismissed by Apollo Scooters and such terms shall be deemed rejected, void and of no force and effect. Fulfillment of Customer's Order documented on a form provided by Customer does not constitute acceptance of any different or inconsistent terms provided by Customer and does not serve to modify or amend these Terms or the Agreement. For the purpose of clarity, the terms and conditions in a Customer provided form of such Order that shall apply shall be limited to the following: description of the Product, quantity, and requested delivery. All other terms shall be as provided herein.

3. Contact Information

The contact information of Apollo Scooters to the Customer are as follows:

1. For sales and services purchased on the apolloscooters.co website and in Apollo Repair Centres located in the US; Apollo Imports Inc; 2915 Ogletown Road #3696, Newark, DE, 19713, USA; Contact: support@apolloscooters.co
2. For sales and services purchased on the apolloscooters.ca website and in Apollo Repair Centres located in Canada; Apollo Imports Inc; 642 Rue de Courcelle Suite 404, Montreal, QC, H4C3C7 Canada; Contact: support@apolloscooters.co

4. Quotations, Agreements, Product descriptions, Integrated Services

1. Apollo Scooters explicitly states in its offer for Products and/or Services when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale.
2. An Agreement shall only come into effect to the extent Apollo Scooters accepts an Order from the Customer in writing or if Apollo Scooters executes an Order or other in writing. The confirmation will follow after Apollo Scooters receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Apollo Scooters. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Apollo Scooters and issue the payment. Should the issuer of your card refuse to agree on your payment to Apollo Scooters, we cannot be held responsible for any delays in the delivery and/or non-delivery of your purchase.
3. After acceptance of an Order, Apollo Scooters shall at all times be entitled, with or without cause, to cancel such Order prior to delivery without liability and without stating its reasons, in which case Apollo Scooters shall not be obliged to refund or pay any more than the advance payments already made by Customer, if any.
4. Apollo Scooters shall observe due care in informing the Customer of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Customer should be able to demonstrate to Apollo Scooters, in its business judgment, that the Products supplied by Apollo Scooters materially deviate from the information provided by Apollo Scooters or from the samples, the Customer shall have the right to terminate the Agreement, within a reasonable time after delivery of the Product, without Apollo Scooters being liable for damages of any kind.
5. Integration with third-party networks are provided free of charge, unless stated otherwise. Apollo Scooters reserves the right to suspend or discontinue third-party integrations at any time and without prior notice. This discontinuation will not be a reason to revoke, cancel or otherwise terminate the Agreement(s) with Apollo Scooters. Apollo Scooters makes no representations or warranties as to the availability, reliability or accuracy of third-party networks and You agree that Apollo Scooters will not be liable for any issues with third-party networks’ reliability or failure to perform.
6. In order to operate all features of the Product and have full availability of the Services offered by Apollo Scooters, is it necessary that You have private access to a mobile device with the most up-to-date version of the Apollo Scooters mobile device applications. You shall bear your own costs relating to the use of the Apollo Scooters app, including any costs relating to your mobile device, internet connection, and GPS.

5. Apollo QC+ Service

1. Subject to the terms of Section 5.9, Apollo Scooters provides The Apollo QC+ Service (the “Apollo QC+”) to safeguard Scooter owners. Apollo QC+ guarantees a Product free of manufacturing defects in accordance with Section 5.2, Section 5.9, and Section 5.10. Apollo Scooters may accept or reject account claims within this policy based on our sole discretion. You will need to establish and maintain an account in good standing (“Account”), free of outstanding charges or chargeback requests.
2. The claim period shall expire after 30 (thirty) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products or after the scooter is ridden or used for more than 10 kilometers.
3. All expired claims will be eligible for Apollo’s Limited Warranty subject to the terms in Section 14.
4. You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
5. You shall send back the Products in the original packaging or in packaging provided by Apollo Scooters. The Products shall remain at risk of the Customer until receipt by Apollo Scooters of such Products.
6. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Customer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish the functioning of the Products.
7. Apollo Scooters can refuse to send a replacement Product so long as Apollo Scooters has not timely received the returned goods or until You have proved You have timely returned the Product, depending on which event occurs first.
8. You will receive a Product of the same (or better) age and condition subject to Section 5.9 and Section 5.10 conditions being met.
9. Apollo QC+ Rules
1. In using Apollo QC+, You agree not to engage in any of the following prohibited activities:
1. copying, distributing, or disclosing any part of the Apollo QC+ in any medium, including without limitation by any automated or non-automated "scraping";
2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Apollo QC+ in a manner that sends more request messages to the Apollo Scooters servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that Apollo Scooters grants the operators of public search engines revocable permission to use spiders to copy materials from apolloscooters.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Apollo QC+;
5. uploading invalid data, viruses, worms, or other software agents through the Apollo QC+;
6. collecting or harvesting any personally identifiable information, including account names, from the Apollo QC+;
7. using the Apollo QC+ for any commercial solicitation purposes;
8. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
9. interfering with the proper working of Apollo QC+;
10. accessing any content on Apollo QC+ through any technology or means other than those provided or authorized by the Apollo QC+;
11. bypassing the measures We may use to prevent or restrict access to the Apollo QC+, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Apollo QC+ or the content therein;
12. or any other prohibited activity associated with maintaining an eligible Account;
2. Apollo Scooters may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the Apollo QC+ without notice and liability for any reason, including without limitation if in Apollo Scooters’ sole determination You violate any provision of these Terms. Apollo Scooters also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of the Apollo QC+ are subject to change or elimination at Apollo Scooters sole discretion. Apollo Scooters reserves the right to interrupt the Apollo QC+ with or without prior notice for any reason. You agree that Apollo Scooters will not be liable to You for any interruption of the Apollo QC+, delay or failure to perform.
10. Apollo QC+ shall not provide any cover in respect of claims which are caused directly or indirectly by any of the following:
1. Flat tires, damaged inner tubes, damage due to accidents, damage due to vandalism, damage of electrical components, and repair or replacement of parts that fall out of the warranty period.
2. screws, loss of screws, stripped screws due to over forcing
3. battery failures due to water damage, improper charging, power surges, after market chargers or lack of proper winter storage (75% battery capacity in room temperature)
4. unauthorized adjustments, modifications, or repairs
5. any product rusting, blemishes, loss of color due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the scooter
6. a malfunction of any software, application or other material downloaded to Your scooter from third parties by You or anyone else using Your scooter with Your permission;
7. The effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;
8. the effect of removing any internal components, including but not limited to, the SIM card, controller, or any IoT enabling components from Your scooter;
9. any damage to Your scooter caused by You or others to the scooter;
10. scooters made to the Customer's specifications or clearly personalized.
11. costs suffered by You as a result of not being able to use the scooter, or any costs other than the replacement of the scooter.
11. How to claim:
1. Submit an Apollo QC+ Claim by filling out the QC+ Claim Form in our Smart Assistant widget on the website or by emailing support@apolloscooters.co
1. You are required to submit the original order number along with any claim.
2. You will need to include images and/or videos in your email request, proving the existence of the defect.
3. You will be required to include a photo of the odometer reading and/or the serial number of the scooter.
2. Our A-Team will run through an Eligibility Check to ensure that your scooter meets the eligibility criteria subject to Section 5.9 and Section 5.10. In order to be eligible for the Apollo QC+ you need to meet the following requirements:
1. Claim must be received no more than 30 (thirty) calendar days from the day on which You or a third party other than the carrier indicated by You takes physical possession of the Products or after the Scooter is ridden or used for more than 10 kilometers.
2. You have the original order number of the Scooter.
3. The terms in Section 5.10.
3. If our A-Team determines the component is in fact defective and needs replacement, your claim will be covered and You will receive a Product of the same (or better) age and condition.
4. If our A-Team determines that further investigation is required, You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
5. You shall send back the Products in the original packaging or in packaging that can be purchased from Apollo Scooters.
6. Apollo Scooters will create a shipping label for You free of charge.
7. When your Scooter arrives at one of our Repair Centres, our team will run through an Eligibility Check to confirm the defect subject to Section 5.9 and Section 5.10
8. If Apollo Scooters determines the component(s) are in fact defective and require replacement, your claim will be approved.
9. You will receive a Product of the same (or better) age and condition.
10. If your claim is not approved, your Products will be eligible for Apollo’s Limited Warranty subject to the terms in Section 14.

6. Apollo Ship+ Service

1. Subject to the terms of Section 6.9, Apollo Scooters provides an Apollo Ship+ Service (the “Ship+”) to safeguard Scooter owners. Ship+ guarantees the delivery of Products to Apollo Scooters from the Customer and from Apollo Scooters to the Customer, in accordance with Section 6.2, Section 6.9, and Section 6.10. Apollo Scooters may accept or reject account claims within this policy based on our sole discretion. You will need to establish and maintain an account in good standing (“Account”), free of outstanding charges or chargeback requests.
2. Stolen Orders
1. Packages that have been delivered by the courier but not received by the Customer including any packages that were delivered to the wrong address by the courier that are unrecoverable. 
2. If the Customer inputs the correct address at checkout and the package was delivered to the wrong address, Apollo Scooters considers this as stolen and we will replace the order on behalf of the Customer. The address must be correctly inputted at the time of check-out and any incorrect address entries will not be covered under this policy.
3. For stolen Orders, the claim period shall commence after 5 (five) calendar days from the scheduled delivery date and expire after 10 (ten) calendar days from the scheduled delivery date.
3. Lost Orders
1. Packages confirmed to be lost by the courier. If the Order has not arrived 7 days after the estimated delivery date, or the Order is in stock and has been stuck in a Label Created status for over 7 days, this section applies.
2. For lost Orders, the claim period shall commence after 5 (five) calendar days from the scheduled delivery date and expire after 30 (thirty) calendar days from the scheduled delivery date.
4. Damaged Orders
1. For damaged Orders, the claim period shall expire after 3 (three) calendar days from the delivery date.
2. All expired damage claims will be eligible for Apollo Scooters’ Limited Warranty subject to the terms in Section 14.
5. You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
6. You shall send back the Products in the original packaging or in packaging provided by Apollo Scooters. The Products shall remain at risk of the Customer until receipt by Apollo Scooters of such Products.
7. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Customer You will be liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the functioning of the Products.
8. Apollo Scooters can refuse to send a replacement Product so long as Apollo Scooters has not timely received the returned Products or until You have proved You have timely returned the Products, depending on which event occurs first.
9. You will receive a Product of the same (or better) age and condition subject to Section 6.9 and Section 6.10 conditions being met.
10. For an Order that is sent in multiple lots or in parts, You will only be covered in this policy for any parts of the Order that You do not receive.
11. Ship+ Rules
1. In using Ship+, You agree not to engage in any of the following prohibited activities:
1. copying, distributing, or disclosing any part of Ship+ in any medium, including without limitation by any automated or non-automated "scraping";
2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access Ship+ in a manner that sends more request messages to the Apollo Scooters servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that Apollo Scooters grants the operators of public search engines revocable permission to use spiders to copy materials from apolloscooters.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running Ship+;
5. uploading invalid data, viruses, worms, or other software agents through Ship+;
6. collecting or harvesting any personally identifiable information, including account names, from Ship+;
7. using Ship+ for any commercial solicitation purposes;
8. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
9. interfering with the proper working of Ship+;
10. accessing any content on Ship+ through any technology or means other than those provided or authorized by Ship+;
11. bypassing the measures We may use to prevent or restrict access to Ship+, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Ship+ or the content therein; or 
12. any other prohibited activity associated with maintaining an eligible Account;
2. Apollo Scooters may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to Ship+ without notice and liability for any reason, including without limitation if in Apollo Scooters’ sole determination You violate any provision of these Terms. Apollo Scooters also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of Ship+ are subject to change or elimination at Apollo Scooters sole discretion. Apollo Scooters reserves the right to interrupt Ship+ with or without prior notice for any reason. You agree that Apollo Scooters will not be liable to You for any interruption of Ship+, delay or failure to perform.
3. Ship+ shall not provide any cover in respect of claims which are caused directly or indirectly by any of the following:
1. The shipping addresses inputted when creating the order is invalid or incorrect.
2. Flat tires, damaged inner tubes, damage due to accidents, damage due to vandalism, damage of electrical components, and repair or replacement of parts that fall out of the warranty period.
3. Screws, loss of screws, loose screws due to shipping, stripped screws due to over forcing.
4. Battery failures due to water damage, improper charging, power surges, after market chargers or lack of proper winter storage (75% battery capacity in room temperature).
5. Unauthorized adjustments, modifications, or repairs.
6. Any product rusting, blemishes, loss of color due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the Scooter.
7. A malfunction of any software, application or other material downloaded to Your Scooter from third parties by You or anyone else using Your scooter with Your permission.
8. The effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your Product.
9. The effect of removing any internal components, including but not limited to, the SIM card, controller, or any IoT enabling components from Your Scooter.
10. Any damage to Your Scooter caused by You or others to the Scooter;
11. Scooters made to the Customer's specifications or clearly personalized.
12. Costs incurred by You as a result of not being able to use the Scooter, or any costs other than the replacement of the Scooter.

4. How to claim:

1. To file a claim, navigate to the Apollo Ship+ Claims Page:
1. Canada: https://apolloscooters.ca/pages/order-claim
2. US: https://apolloscooters.co/pages/order-claim
2. i) Lost Items
   If the Order has not arrived 7 days after the estimated delivery date, or the Order has been stuck in a “label created” status for over 7 days, select this option. This option is for packages presumed to be lost by the carrier.
1. Check the Apollo Ship+ policies to ensure you are within the filing period.
2. Fill out the Ship+ Claim form with your order number and email.
3. Select the order you would like to submit the claim for.
4. You do not need to attach any photos or other evidence to your claim.
5. Your claim will be reviewed within 2-3 business days, add additional 3 business days if documents are requested.
3. ii) Stolen Items
   Select this option if your shipping tracking says delivered, but the package is missing.
1. Check the Apollo Ship+ policies to ensure you are within the filing period.
2. Fill out the Ship+ Claim form with your order number and email.
3. Select the Order you would like to submit the claim for.
4. Attach the police report PDF & number in the order issue. If your Order is over $100.00, Apollo Scooter requires a police report when the customer’s package is marked as delivered. Without this your claim will be denied.
5. Your claim will be reviewed within 2-3 business days, add additional 3 business days if documents are requested.
4. iii) Damaged Items
   Select this option if you received a damaged or broken Product.
1. Check Apollo Ship+ policies to ensure the damage is covered and you are within the filing period.
2. Fill out the Ship+ Claim form with your order number and email.
3. Select the order you would like to submit the claim for.
4. Attach photo and/or video evidence of the damaged item in the claim. Without this your claim will be denied.
5. Attach a photo of your odometer reading. To be eligible for Apollo Ship+, any reading higher than zero will result in the claim being denied.
6. Your claim will be reviewed within 2-3 business days, add additional 3 business days if documents are requested.
5. On Orders over $100.00, Apollo requires evidence of the police report which can be submitted with the claim.
6. Upon request, Apollo Scooters can require additional documentation (e.g. proof of identity, address, notary, etc.) as needed.
7. If our A-Team determines that further investigation is required, You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
8. You will be able to create a return shipping or Apollo Scooters will create a shipping label for You free of charge.
9. You will receive a Product of the same (or better) age and condition.
10. If your claim is not approved, your Products will be eligible for Apollo’s Limited Warranty subject to the terms in Section 14.

7. Prices

1. All Apollo Scooters’ prices are in USD unless expressly stated otherwise. Insofar as prices are stated in other currency than USD, then such statement of price is deemed to be based on the USD equivalent of such price at the date that the price statement was made. Prices are inclusive of shipping costs. Prices are exclusive of goods and sales tax, value added tax or any other sales tax, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof. Sales taxes shall be separately stated and invoiced to Customers.
2. The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Apollo Scooters mentions in its offer, Apollo Scooters’ prices do not change, except for price changes that may result from changes in tax rates.
3. Apollo Scooters will always inform you about the total price before you proceed to your Order.
4. Prior to delivery, any change of factors having an impact on the prices of Apollo Scooters, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Customer by Apollo Scooters.
5. Service fees: You agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of any Services as stated in these Terms and the applicable account registration for these Services. Apollo Scooters may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. All fees and charges for Your use of the Service are non-refundable, except as may be expressly stated in Terms. If at any time fees for an existing Service are increased, You are of course free to cease Your use of the Service by providing notice and sending it to the e-mail address as indicated in Section 3.1 above which cancellation will be effective as of the next billing period. Continued use of the Service will be treated as Your agreement to the new terms.

8. Apollo Amplified

1. Apollo Amplified  ("Amplified"), is Apollo Scooters’ loyalty & rewards program.  As a Customer of Apollo Scooters, you have the option to participate in Amplified.  Participation is not required in order to purchase Products.  The following terms and conditions of this Section 8 apply to Customers who elect to participate in Amplified and create an Amplified account as set forth below.
2. Points and Earning
1. You may accumulate rewards points, hereby called (“Amps”) by engaging in designated activities within Amplified and may subsequently redeem accrued Amps for various rewards.
2. Earning Amps
1. You will earn Amps for a variety of designated activities as specifically stated on the Amplified webpage, and consistent with any additional terms and conditions listed on the webpage which you agree to be bound by through Your participation in Amplified. Apollo Scooters at its sole discretion may adjust, amend or discontinue Amps earning activities and the number of Amps awarded for each such activity at any time
3. Redemption of Amps
1. You may redeem accrued Amps for a range of rewards and benefits as specifically listed on the Amplified webpage at the time of redemption.
2. Rewards can be redeemed multiple times throughout the year, depending on the specific reward and the customer’s tier level. The details, including any redemption limits, can be found in the description of each reward.
3. To maintain your Amps, you must make at least one purchase within the last 12 months. If no purchases are made during this period, all accrued Amps will expire. It is your responsibility to monitor your account activity to ensure your Amps remain valid.
3. Referral Program
1. You may earn Amps for referring other Customers to Apollo Scooters, but you must have an active Amplified account.
2. Apollo Scooters reserves the right to amend the structure and value of Amps, this Referral Program, and any other terms and conditions of Amplified at any time and in its sole discretion. 

9. Shipping and Delivery

1. Shipping and delivery locations for Apollo Scooters are limited to physical addresses in Canada and the United States (Excluding Hawaii and Alaska) and cannot include PO boxes.
2. The delivery period indicated by Apollo Scooters shall be based on the circumstances applicable to Apollo Scooters at the time the agreement was entered into. All delivery dates are estimates only.
3. When Apollo Scooters dispatches Products to you, the risk of loss of or damage to the Products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the Products. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the Products and that choice was not offered by Apollo Scooters, without prejudice to your rights against the carrier.
4. Except as otherwise provided herein, the delivery period shall commence on the date of Apollo Scooters’ written Order confirmation. Provided, however, if, in order to execute the Order, Apollo Scooters requires additional information from the Customer, the delivery period shall commence on the date on which Apollo Scooters disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
5. Customer shall not be entitled to claim any compensation in the event of an overdue delivery period. Customers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and Apollo Scooters was not able to deliver within that reasonable period or timeframe as provided by law.
6. Apollo Scooters shall at all times be entitled to deliver orders in multiple lots or pieces.
7. Due to air shipping restrictions, we are unable to ship batteries to Puerto Rico at this time. For assistance with battery replacements or service inquiries, please contact our support team, and we will help you explore alternative options.

10. Right of withdrawal

1. If You meet the definition of a “Customer”, You have the right to withdraw from your purchase and revoke your Order without giving any reason.
2. The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier and indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
3. Please note that You cannot exercise a right to withdraw in case of Products made to the Customer's specifications or clearly personalized.
4. You shall send back the Products in the original condition and in the original box or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal from this contract to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired. The Products shall remain at risk of the Customer until receipt by Apollo Scooters of such Products.
5. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. To the extent that these actions are not necessary to establish the nature and characteristics of the Products, You are liable towards Apollo Scooters for any diminished value caused by these actions.
6. In case You withdraw, Apollo Scooters can refuse repayment so long as Apollo Scooters has not timely received the returned Products or until You have proved You have timely returned the Products, depending on which event occurs first.
7. Apollo Scooters shall reimburse You the purchase amount of the Products less any shipping costs charged with regard to the return delivery, any credit card payment processing fees, and restocking fees as indicated in Section 10.10 no later than 14 (fourteen) calendar days starting from the day we received Your returned Products. Apollo Scooters will only provide a full reimbursement of the purchase amount of the Products including any shipping costs charged with regard to the delivery of the Products in some cases as described in Section 5 and Section 6.
8. Apollo Scooters shall use the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise and provided that You do not incur any fees as a result of such reimbursement. Apollo Scooters shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Apollo Scooters.
9. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Customer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature and characteristics. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
10. If the Product or Products have already entered the shipped period, which commences the moment a shipping label is created for the Order, then the withdrawal shall be subject to payment processing, restocking, and return shipping fees. Restocking and return shipping fees can be found in the Return & Cancellation Policy and are subject to change at any time and with Apollo Scooters’ discretion.
11. In order to exercise Your right to withdraw, You can fill out the form on the chat widget displayed on the landing page on the website of Apollo Scooters or make a similar unequivocal statement and send it to the email as indicated in Section 3.1 above. We will send You an acknowledgement of Your withdrawal.

11. Delivery and risk

1. If and to the extent that the parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at Apollo Scooters’ premises, and the risk of the Products and the packing thereof shall be transferred to the Customer at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Customer’s account and risk. In the event the Customer is considered to be a Customer, the foregoing in Section 10.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Customer has taken receipt of the Products.
2. If the Customer should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such an event, Apollo Scooters shall be entitled to store the Products for the Customer’s account and risk and to sell these to a third party. The Customer shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
3. The Customer shall not have ownership rights to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favor of third parties until Apollo Scooters has transferred the title of those Products to the Customer. Unless expressly provided for herein, the acquisition of ownership rights does not alter or waive the other terms and conditions under the Agreement, including these Terms.

12. Inspection and Complaints

1. The Customer shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Customer itself or any third party acting at its instructions, whichever is earlier. Apollo Scooters must be informed in writing to support@apolloscooters.co of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Customer must at least give a clear and precise description of the complaints in respect of defects invoked by the Customer, but preferably contains pictures of the defect. The Customer must notify Apollo Scooters of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Notification of cosmetic damages can only be accepted by Apollo Scooters before use of the Product. Should the Customer fail to inform Apollo Scooters within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
2. The Customer shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Customer shall provide any cooperation Apollo Scooters may require in order to investigate the complaint.
3. The Customer shall not be entitled to return Products to Apollo Scooters before Apollo Scooters has agreed in writing to such return. The return shipping and restock charges are assumed by the Customer and will be deducted from the reimbursement total as described in Section 10.7. The Products shall remain at risk of the Customer until receipt by Apollo Scooters of such Products.
4. Other obligations and responsibility of the Customer:
1. The Customer shall at all times make any and all information necessary for the execution of Apollo Scooters’ activities available timely and shall warrant the accuracy and comprehensiveness thereof.
2. The Customer shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.
3. The Customer shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.

13. Maintenance, Service and Repair

1. General Maintenance Requirements
1. Customer Responsibility for Maintenance:
1. The Customer acknowledges and agrees that proper maintenance of the Product(s) is essential to ensure its safe and efficient operation.
2. Apollo Scooters recommends following the maintenance guidelines provided in the Product’s user manual, on-product labels and any other documentation supplied by Apollo Scooters. It is Your responsibility to perform the recommended maintenance tasks at the prescribed intervals as set forth by Apollo Scooters and You acknowledge and accept that the failure to do so may result in an accident that could result in serious injury or even death.
2. Enforceability of Maintenance Requirements:
1. Customer understands that Apollo Scooters strongly encourages adherence to the maintenance recommendations and reserves the right to request proof of maintenance, such as maintenance logs or receipts for servicing, from the Customer.
3. Indemnity for Failure to Perform Maintenance:
1. Customer agrees to indemnify and hold harmless Apollo Scooters, its affiliates, officers, directors, employees, agents, and partners harmless from any claims, liabilities, damages, costs, or expenses arising from the Customer's failure to perform the recommended maintenance tasks on the Products(s).
2. In the event that the Customer's failure to perform maintenance results in an accident, injury, or damage to the Product(s), Customer agrees to assume full responsibility for any resulting damages, losses or consequences.
4. Release of Liability:
1. By using the Product(s), Customer acknowledges that improper maintenance can lead to malfunctions, accidents, and other adverse outcomes.
2. Customer hereby releases and forever discharges Apollo Scooters from any liability for injuries, damages, losses, or expenses arising from or related to the Customer's failure to adhere to the recommended maintenance requirements.
5. Communication and Information:
1. Apollo Scooters may provide maintenance recommendations, guidelines, and reminders to the customer through various communication channels, including the Product’s user manual, website, mobile app, or email.
2. It is the Customer's sole responsibility to stay informed about the recommended maintenance schedule and maintenance items by regularly checking these communication channels.
6. Disclaimer of Warranty:
1. As outlined in section 14 Limited Warranty, failure to perform the general maintenance will void the limited warranty.
2. Apollo Scooters disclaims any responsibility for damages, malfunctions, or defects resulting from the customer's failure to adhere to the recommended maintenance requirements.
7. Changes to Maintenance Recommendations:
1. Apollo Scooters reserves the right to update or modify the recommended maintenance guidelines at any time. Customers will be notified of any changes through appropriate communication channels.
2. Servicing turnaround and/or spare parts
1. Repair Timelines and Communication:
1. Customers can expect timely repair and servicing. Upon receipt of the Product at the Repair Centre, Apollo will communicate an estimated timeline for completion of the repair.
2. Apollo Scooters will make reasonable efforts to adhere to the communicated repair timeline, but unforeseen circumstances may occasionally affect the actual completion date.
2. Repair Timelines and Extenuating Circumstances:
1. While Apollo Scooters strives to meet the repair timelines outlined below, there may be situations outside of Apollo Scooters’ control that could lead to delays.
2. Apollo Scooters reserves the right to extend repair timelines in case of extenuating circumstances, including but not limited to unexpected part availability issues, shipment delays, or force majeure events.
3. Spare Part Availability:
1. Apollo Scooters will make every effort to maintain an inventory of spare parts to expedite repairs. However, availability may be subject to factors beyond Apollo Scooters’ control, such as supply chain disruptions or manufacturing delays.
2. In cases where spare parts are not immediately available, Apollo Scooters will notify the Customer and provide an estimated timeline for part procurement and repair completion.
4. Communication of Delays:
1. In the event that repair timelines need to be extended due to unforeseen circumstances, Apollo Scooters will promptly communicate the revised timeline to the Customer.
5. Repair Completion Terms:
1. Upon Apollo Scooters providing notification of repair completion to Customer, Customer must retrieve the Scooter or pay the return shipping invoice within 14 days. If Customer fails to retrieve the Scooter or timely pay the return shipping invoice, a daily storage fee of $25, up to 30 days, will be charged to Customer. After this 30-day period of time, all Scooters that have not been retrieved by the Customer or for which invoiced amounts, including but not limited to the daily storage fees and shipping charges, have not been paid shall at Apollo Scooters sole option become the property of Apollo Scooters.
3. Pre-approved budget for repairs
1. Apollo Scooters reserves the right to perform general repairs under a value of $150 USD without explicit permission from the Customer. By sending a Scooter for repair Apollo Scooters is allowed to execute a repair within this assumed pre-approved repair budget.
2. If a Customer agrees to a quote above the pre-approved budget for repairs during the servicing process, Apollo Scooters is allowed to execute a repair within that pre-approved budget.
3. If the costs for the repair exceed the approved budget, Apollo Scooters will contact the Customer for approval of the new quotation before continuing the repair.
4. If the Customer does not agree to a pre-approved repair budget, Apollo Scooters will always contact the customer and get approval for the (new) quotation before continuing the repair. If the Customer does not approve of the budget, Apollo Scooters will not repair the Scooter and will return it at Customer’s cost. 
4. Products that are deemed unsafe to ride following inspection by Apollo Scooters.
1. If unrepairable frame damage is discovered by Apollo Scooters upon receipt of the Product from Customer, Apollo Scooters reserves the right to deem a scooter ‘unsafe to ride’, meaning a Scooter is not suitable for any use in traffic and on the road as Apollo Scooters can not guarantee safe operation.
2. Apollo Scooters is not liable for any damages of any kind as a result of the use of an unsafe Scooter by the customer. Apollo Scooters strongly advises not to ride a Scooter that has been declared unsafe.
3. When a Scooter is declared unsafe to ride, Apollo Scooters will offers the Customer the following three options from which it may select one of the following:
1. Customer will receive an offer from Apollo Scooters for the purchase of parts from the Product that Apollo Scooters can reuse, with Apollo Scooters transmitting the offer amount upon the Product being declared unsafe. The rest of the Scooter will be prepared for being recycled;
2. Customer will receive a discount voucher with an amount based on depreciation of the Scooter value over time. This can be put towards the purchasing of a new Scooter from Apollo Scooters or other Products; or
3. Customer can demand a return of the Scooter, but Customer shall sign a waiver indicating the Customer fully understands and agrees to the risks of riding the Scooter, and that Customer will not ride the Scooter and will will hold harmless Apollo Scooters in case of any damages of any kind as a result of the use of the Scooter. Moreover, the unsafe Scooter will no longer be serviced at any of Apollo Scooters’ locations.
5. Repair Warranty
1. Apollo offers a 30-day warranty on all repairs completed at Apollo Hub Repair Centers. The warranty period begins on the day the customer picks up the scooter or the date of delivery after Apollo ships it back to Customer post-repair. If the same part breaks that was repaired by the Apollo Hub Repair Center or if the repair was not performed correctly within this 30-day period, Apollo will repair or replace the damaged parts, at Apollo’s sole option, to resolve the issue at no expense to Customers.
2. This warranty covers the same part that was replaced by the Apollo Hub Repair Center or any issues arising directly from the repair completed by the Apollo Hub.
3. Any additional repairs or corrections needed due to issues not related to the original repair are not covered by this warranty. Any damage to the product that occurs after the repair, which is not directly related to the repair work performed by the Apollo Hub Repair Center, is the Customer’s sole responsibility.
6. Certified Shops
1. Apollo Scooters collaborates with authorized Certified Shops for servicing our Scooters. Customers have the option to select these third-party repair centers for their Scooter repairs.
2. Customers acknowledge that the Certified Shop assumes full responsibility for the repair work and its quality. Any rework, corrections or additional repair needs required as a result of the repair, or damage to the Scooter, are the responsibility of the chosen third-party repair center.
3. Apollo Scooters is not responsible for any delays that might occur once Customer bring their Scooter to a Certified Shop due to spare part availability, or any other circumstances. Apollo Scooters disclaims any liability or responsibility for the actions, work quality, or compliance of the chosen Certified Shop with legal requirements, including data protection laws.
4. Certified Shops that partner with Apollo Scooters are required to maintain a specific standard of repair quality, which is certified by Apollo Scooters.
5. All Certified Shops are obliged to enter into contractual agreements that mandate compliance with applicable laws, including data protection regulations.
6. Any disputes, issues, claims or inquiries arising from the services provided to You by the Certified Shop should be addressed directly with the third party.
7. Certified Shops are authorized to charge their standard hourly and diagnostic rates. If the Certified Shop charges more than Apollo Scooters' standard rate for warranty repairs, Customer will be responsible for paying the difference. 

14. Limited Warranty

Apollo Scooters, hereinafter referred to as APOLLO, gives a LIMITED WARRANTY on Scooters purchased by Customers in the continental United States (Excluding Hawaii and Alaska) and Canada for the period of time(s) and/or distance ridden as stated herein, subject to certain limitations, on your Scooter against defects in material or workmanship when properly set up, operated, maintained, and stored in accordance with the recommendations set forth by APOLLO, including in the Apollo Owner’s Manual.  Warranty components, replacement parts and/or Products will only be shipped within the continental United States (Excluding Hawaii and Alaska) and Canada.

APOLLO gives the following limited warranties:

• A ONE (1) YEAR limited warranty on new Scooters for reasonable use of the scooter against defects in material or workmanship on all original components of the scooter outlined in the LIMITED WARRANTY POLICY, except for the scooter frame, from the date of delivery;
• A 10,000 KILOMETER limited warranty on new Scooters for reasonable use of the scooter against defects in material or workmanship in the scooter frame from the date of delivery; and
• A THREE (3) MONTH warranty on Discontinued and Refurbished (Open Box) scooter models offered for sale and purchased directly from Apollo Scooters for reasonable use of the scooter against defects in material or workmanship on all original components of the scooter outlined in the LIMITED WARRANTY POLICY, except for the scooter frame, from the date of delivery;

Please note that Apollo Scooters offers a different warranty, and a different warranty coverage period, on its legacy models and outlet sales and certain accessories.

1. THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE FRAME OR DEFECTIVE PARTS AND IS THE CUSTOMER’S SOLE REMEDY OF THE WARRANTY. A COMPLETE LIST OF PARTS AND SERVICES COVERED UNDER THIS LIMITED WARRANTY CAN BE FOUND HERE: LIMITED WARRANTY POLICY, NOTWITHSTANDING LOCAL STATUTORY RIGHTS. REPAIR/REPLACEMENT UNDER THIS LIMITED WARRANTY DOES NOT EXTEND ANY WARRANTY PERIOD BEYOND WHAT IS PROVIDED WITH THE ORIGINAL SCOOTER PURCHASED FROM APOLLO OR ITS AUTHORIZED RETAIL PARTNER. THIS WARRANTY DOES NOT AFFECT ANY STATUTORY RIGHTS OF THE Customer. THIS WARRANTY APPLIES TO THE ORIGINAL OWNER ONLY AND WILL VOID IN THE EVENT OF A NEW OWNER HAVING PURCHASED THE SCOOTER. THIS WARRANTY WILL ONLY APPLY TO PRODUCTS PURCHASED DIRECTLY THROUGH APOLLO SCOOTERS OR THROUGH ONE OF OUR AUTHORIZED RETAIL PARTNERS. DISCONTINUED AND REFURBISHED MODELS ARE SUBJECT TO A REDUCED WARRANTY PERIOD AS OUTLINED ABOVE. 

Apollo Scooters’ liability for any defects in material or workmanship with respect to accepted goods under this limited warranty shall be limited to repairing the goods at APOLLO or at an authorized Service Repair Centre.

1. CLAIMS UNDER THE WARRANTY MUST BE TIMELY MADE DIRECTLY TO THE APOLLO SCOOTERS by submitting a support ticket and be accompanied by proof of purchase.
   
2. Apollo Scooters may accept or reject account claims within this policy based on our sole discretion. You will need to establish and maintain an account in good standing (“Account”), free of outstanding charges or chargeback requests.
3. The Limited Warranty is transferable for units purchased through Apollo (via our website or authorized servicing locations). The new owner/seller must initiate an ownership transfer. This can be done by providing the full name and order number of the original purchaser to support@apolloscooters.co.
4. You shall send back the Products in the original packaging or in packaging provided by Apollo Scooters. The Products shall remain at risk of the Customer until receipt by Apollo Scooters of such Products. The cost of replacement boxes for your scooter, including for use in returning your scooter to Apollo Scooters, IS NOT COVERED BY THIS LIMITED WARRANTY. In the event you need a replacement box, Apollo Scooters will send you one for an additional fee.
   
5. The Limited Warranty shall not provide any cover in respect of claims which are caused directly or indirectly by any of the following:
1. Products located outside the country in which the Product was first delivered to its original purchaser;
2. products purchased second-hand;
3. damage due to accidents, damage due to vandalism, damage due to insufficient packaging, damage due to transporting the products to Apollo Scooters, damage of electrical components, damage due to negligence, repair or replacement of parts that fall out of the warranty period, shipping costs to and from service locations;
4. damage due to improper assembly, disassembly, modifications, accidents, misuse, improper tools, acts of god, failure to follow user manual/set up guides, water damage, improper cleaning solutions, improper maintenance, extreme/stunt driving, commercial use, unauthorized accessories, upgrades not sold by Apollo Scooters;
5. accessories or upgrades;
6. improper installation of the Phantom Upgrade Kit;
7. screws, loss of screws, or stripped screws due to over tightening;
8. normal wear and tear of any covered component, or any consumable parts such as tires;
9. battery failures due to water damage, improper charging, power surges, after market chargers, or lack of proper winter storage;
10. any product rusting, blemishes, loss of color due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the scooter;
11. a malfunction of any software, application or other material downloaded to Your bike from third parties by You or anyone else using Your bike with Your permission;
12. failure to download and/or install an mobile device application updates;
13. the effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;
14. adjustment to or alteration of Your scooter without original Apollo Scooters parts/accessories;
15. any damage to Your scooter caused by You or others to the scooter;
16. routine servicing or repairs by anyone not authorized by Apollo Scooters;
17. the cost of shipping to and from an Apollo repair centre and any other associated shipping costs (courier insurance, Apollo Ship+)
18. the cost or shipping of another scooter box to You; or
19. costs suffered by You as a result of not being able to use the scooter, or any costs other than the replacement of the scooter.

1. Section 14 is a full and complete statement of Apollo Scooters’ Limited Warranty for the Products. APOLLO SCOOTERS DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES PROVIDED BY STATUTE OR COMMON LAW. APOLLO SCOOTERS’ LIABILITY UNDER THIS WARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE. THIS LIMITED WARRANTY ALSO EXCLUDES INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, and PUNITIVE DAMAGES INCLUDING FOR ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, AND FAILURE TO WARN AND/OR INSTRUCT.  THIS EXCLUSION IS INDEPENDENT FROM AND SHALL SURVIVE ANY FINDING THAT THE EXCLUSIVE REMEDY FAILURE ITS ESSENTIAL PURPOSE. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF SUCH DISCLAIMER OF WARRANTIES ARE NOT ALLOWED OR ARE EXCLUDED BY APPLICABLE STATE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE SAME DURATION AS THE EXPRESS WARRANTY HEREIN. RETAILERS AND WHOLESALE OUTLETS FOR PRODUCTS ARE NOT AUTHORIZED TO MODIFY THIS WARRANTY IN ANY WAY.

Apollo Scooters A-Crew reserve the right to define which mechanical pieces need replacing during a repair service.

8. For the purpose of maintenance and repair work, whether or not instigated by Apollo Scooters, the Customer must transport the scooter to and from an Apollo Scooters Repair Centre, or authorized repair network locations or arrange for such transportation to one of these locations. This obligation applies throughout the duration of the Agreement, even in the event of a large or larger distance between the Customer and the nearest Apollo Scooters Repair Centre occurring as a result, for example, of a new address of the Customer or the closure/relocation of a Apollo Scooters Repair Centre. Apollo Scooters shall be entitled (but not required) to repair damage to the scooter caused by circumstances for which the Customer is liable at the expense of the Customer.

1. If Apollo Scooters should deliver Products to the Customer which Apollo Scooters has obtained from its own suppliers, Apollo Scooters shall at no time be obliged to honor a warranty or liability in respect of the Customer which is more far-reaching than that which Apollo Scooters can claim from its own supplier.
2. With respect to warranty claims under Section 14, if, in Apollo Scooters’ opinion, the Customer has been able to prove that any Products supplied by Apollo Scooters to the Customer do not function properly, Apollo Scooters may choose, at its sole discretion, between:
1. replacing the Product(s) with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned of the Products; or
2. repairing the Product(s)

1. Apollo Scooters shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.

1. The Products shall remain completely for the Customer’s risk even if Apollo Scooters should carry out any repairs to the Products.

15. Safe Operation, Assumption of Risk, and Indemnification

1. Customer represents, warrants, and agrees that before he or she rides on the Scooter that they (i) have read all of instructions, warnings, and manuals provided with the Scooter at the time of sale, (ii) are sufficiently fit and physically capable to safely ride a scooter without any risk to his or her health, (iii) are knowledgeable about the operation of the Scooter and feel that they can safely and competent operate it, and (iv) are knowledgeable about the laws pertaining to electric scooters operated within the city in which he or she rides the Scooter. LIKE ANY PHYSICAL ACTIVITY OR OPERATION OF A RECREATIONAL VEHICLE, RIDING A SCOOTER MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE AN APOLLO SCOOTERS ELECTRIC SCOOTER, CUSTOMER ASSUMES ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.

1. CUSTOMER ACKNOWLEDGES THAT OPERATING THE SCOOTER HAS INHERENT RISKS, DANGERS, AND HAZARDS, INCLUDING, BUT NOT LIMITED TO, TRAFFIC CONDITIONS, WEATHER CONDITIONS, ROAD AND SIDEWALK CONDITIONS, NATURAL AND UNNATURAL OBJECTS AND OBSTACLES, IMPACT OR COLLISION, AND NEGLIGENCE OF OTHERS. Customer ACKNOWLEDGES AND AGREES THAT APOLLO SCOOTERS LIMITS ITS LIABILITY AS PROVIDED IN THIS SECTION. CUSTOMER SHALL INDEMNIFY APOLLO SCOOTERS AGAINST, AND SHALL HOLD APOLLO SCOOTERS HARMLESS FROM ALL COSTS, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY CLAIMS BY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF CUSTOMER’S USE OF THE SCOOTER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY INCLUDING DEATH TO PERSONS OR PROPERTY OF THE Customer OR OTHERS ARISING OUT OF THE SCOOTER POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE SCOOTERS BY THE CUSTOMER INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES.

16.  Employee Protection Policy

1. We do not accept any discriminative, abusive or harassing behavior towards any of our employees or partners and reserve the right to refuse service if this policy is violated.

17. Force majeure

1. If Apollo Scooters is unable to fulfill any of its obligations towards Customer due to force majeure, these obligations shall be suspended during the force majeure situation.
2. Provided however, if a force majeure situation has lasted for one (1) calendar month or more, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Apollo Scooters, Customer is not entitled to any compensation or damages, not even if Apollo Scooters would enjoy any benefit as a result of such force majeure.
3. Force majeure on the part of Apollo Scooters is to be understood to be any circumstance beyond the control of Apollo Scooters hindering the fulfillment of its obligations towards Customer entirely or in part or because of which Apollo Scooters cannot be expected in all fairness to fulfill its obligations, regardless of whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Apollo Scooters or its suppliers, or problems in the transportation provided by Apollo Scooters or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.
4. Parties shall notify each other as soon as possible of any (possible) force majeure situation.

18. Intellectual Property

1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, except as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.

19. Limitation of Liability

1. APOLLO SCOOTERS IS NOT LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. APPLICABLE LAW MAY NOT  ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Any liability of Apollo Scooters to Customer shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Apollo Scooters. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Apollo Scooters shall then be limited to the fee that was invoiced by Apollo Scooters and paid by Customer in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of $ 10,000 (ten thousand Canadian Dollars).

20. Termination

1. If Customer fails to fulfill any of its obligations arising from the Agreement properly or in time, Customer shall be in default and Apollo Scooters shall be entitled without any default notice:
1. to suspend the fulfillment of the Agreement until payment has been adequately guaranteed; and/or
2. to dissolve the Agreement with Customer entirely or in part;
3. all this without prejudice to Apollo Scooters’ other rights under any Agreement whatsoever and without Apollo Scooters being held to any damages.
2. If Apollo Scooters exercises its right of termination as mentioned in Section 20.1, Apollo Scooters is authorized to set off any amount which may possibly be refunded to Customer with a remuneration for activities already carried out as well as with a compensation for loss of profit.
3. In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Customer or if Customer is aware that any of these situations may occur, Customer must notify Apollo Scooters thereof as soon as possible.
4. In case of a situation as referred to in Section 15.3, all Agreements with Customer shall be terminated immediately by notice from Apollo Scooters or Apollo Scooters may notify Customer that it wishes (part of) the Agreement concerned to be fulfilled, in which case Apollo Scooters is entitled without any default notice:
1. to suspend fulfillment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
2. to suspend all its payment obligations, if any, towards Customer;
3. all this without prejudice to Apollo Scooters’ other rights under any Agreement whatsoever and without Apollo Scooters being held to any damages.
5. In the event of a situation as referred to in Section 12.3, all Apollo Scooters’ claims against Customer shall be immediately payable in full.

21. Hardware, Software, and Firmware Maintenance and Updates

1. In order to maintain and improve the safety and functionalities of our Services and Products, from time to time it may become necessary to update or alter our Products and/or Services, e.g. through hardware, software, or firmware updates. This could change the functionalities. The updates or alterations can be executed, for example, in the following ways:
1. downloaded and installed by the Customer on the Customer’s mobile device, or have the mobile device do the updates automatically. The mobile device updates the Product.
2. updates can be installed by Apollo Scooters or its Certified Specialists when Products are being assembled, brought in for repairs and/or check ups;
2. Apollo Scooters reserves the right to temporarily suspend its Services, e.g. because safety issues need to be examined and/or system maintenance and system upgrades need to be performed.
3. Apollo Scooters might have to suspend or discontinue the support of Customer’s mobile device’s or Product’s operating software, e.g. because the mobile device’s software is getting outdated. Without prior notice, Services can become unavailable.
4. Apollo Scooters does not accept liability for the situations described in Section 14, or any combination thereof, unless it is obligatory under local laws. In case You refrain from downloading and installing the updates described in Section 21(1), and/or prevent any of these updates or alterations taking effect Your warranty will become null and void.
5. Firmware updates are part and a condition of Apollo Scooters’ maintenance and repair routine. Our firmware is being updated constantly to avoid bugs and ensure a great and safe rider experience. Our staff works only with the latest software. Apollo Scooters is not able to grant a request to not update the software of a Scooter during maintenance and/or repair appointments. Furthermore, Apollo Scooters does not offer firmware downgrades of the firmware versions.
6. Apollo Scooters is not responsible for any functionalities of third party apps before, during and after maintenance and/or repair of the Scooter.
7. Customer agrees that it shall timely download and install any hardware, software, or firmware updates to Apollo Scooter’s Services and Products.

22. Connect+ 

1. Apollo Scooters provides the Apollo Connect+ Service (“Connect+”) to safeguard Product owners with Products which are IoT enabled. To access Connect+, You will need to establish and maintain an account in good standing (“Account”) in accordance with the terms and conditions for such an Account. 
2. You may not use another member’s Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity. When applying for and creating Your Account, You must provide accurate and complete information, and keep such information updated and accurate throughout the term of Your Connect+ policy. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify Apollo Scooters immediately of any breach of security or unauthorized use of Your Account. Apollo Scooters will not be liable for any losses caused by any unauthorized use of Your Account.
3. By providing Your email address to Apollo Scooters, You consent to receiving Connect+ related emails, including any notices required by law, in lieu of communication by postal mail. You may opt out of such notices at any time. You may refer to our Privacy Policy statement for more information on the use of personal data.
4. Connect+ can be purchased at the same time as Your Scooter or at any point afterwards through the Apollo App. 
5. Connect+ Rules
1. You agree not to engage in any of the following prohibited activities:
1. copying, distributing, or disclosing any part of Connect+ in any medium, including without limitation by any automated or non-automated "scraping";
2. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access Connect+ in a manner that sends more request messages to the Apollo Scooters servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that Apollo Scooters grants the operators of public search engines revocable permission to use spiders to copy materials from apolloscooters.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running Connect+;
5. uploading invalid data, viruses, worms, or other software agents through Connect+;
6. collecting or harvesting any personally identifiable information, including account names, from Connect+;
7. using Connect+ for any commercial solicitation purposes;
8. impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
9. interfering with the proper working of Connect+;
10. accessing any content on Connect+ through any technology or means other than those provided or authorized by Connect+;
11. bypassing the measures We may use to prevent or restrict access to Connect+, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Connect+ or the content therein;
12. or any other prohibited activity associated with maintaining an eligible Account;
13. Apollo Scooters may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to Connect+ without notice and liability for any reason, including without limitation if in Apollo Scooters’ sole determination You violate any provision of these Terms. Apollo Scooters also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of Connect+ are subject to change or elimination at Apollo Scooters’ sole discretion. Apollo Scooters reserves the right to interrupt Connect+ with or without prior notice for any reason. You agree that Apollo Scooters will not be liable to You for any interruption of Connect+, delay or failure to perform.
6. Customer acknowledges that Apollo uses Stripe as the payment gateway for Connect+ payments through the Apollo App. By subscribing to Connect+, Customer is accepting Stripe’s Terms & Conditions.
7. Customer understands and acknowledges that Apollo Scooters may collect certain data from Customer, which may include Personal Information, and use of the Product and Software. “Personal Information” includes all personally identifiable information that is specific to Customer (e.g. name, address, phone number, email address, shipping address, billing address, etc.). Personal Information also includes information about an individual's activities, such as information about ride activity, which includes data such as geographic area (including location), and preferences, when any of this information is linked to a particular individual (“Location Data”).
8. Customer acknowledges that when Customer downloads, installs, or uses the Apollo App, Apollo Scooters may use automatic means (including, for example, cookies and web beacons) to collect information about Customer’s mobile device, the Product, and about Customer’s use of the Apollo App, including the location of the Product. In addition, the Apollo App may track the Product and is equipped with a tracking device designed to send GPS positions and event notifications to Apollo Scooters. Apollo Scooters may collect Customer’s location and other Location Data based on information provided by Customer or Customer’s mobile device through the Apollo App, including, if available, GPS, IP address, or cell tower information. Apollo Scooters may also collect different types of information about Customer’s location (e.g., IP address and ZIP code).
9. Customer may also be required to provide certain information about Customer as a condition to downloading, installing, or using the Apollo App or certain of its features or functionality. The Apollo App provides a secure login for Customer. Customer shall be responsible for the security of Customer’s login information. Furthermore, Apollo Scooters may collect billing and financial information necessary to process Customer’s payment of the Product which may be obtained from payment service providers.
10. Customer acknowledges that Apollo Scooters contracts with a third party data host provider (“Third Party Data Host”). All Customer data is stored at computer data centers operated and maintained by Apollo Scooters’ Third Party Data Host. Apollo Scooters is responsible for ensuring that Apollo’s Third Party Data Host abides by this Agreement and the Privacy Policy. Apollo Scooters is solely responsible for monitoring and supervising all necessary work of the Third Party Data Host.
11. Apollo Scooters collects Personal Information which is, among other things, reasonably necessary to operate the Product and Software and improve user experience. All Personal Information that Apollo Scooters collects is subject to Apollo’s Privacy Policy.
12. Apollo Scooters will at all times comply with all applicable federal, state, territorial, and local laws, rules, directives, regulations, and governmental requirements currently in effect or as they become effective relating in any way to the privacy, confidentiality, or security of Personal Information, including but not limited to and to the extent relevant, the California Customer Privacy Act of 2018 as amended by the California Privacy Rights Act, and the General Data Protection Regulation 2016/679 and any laws implementing, replacing or supplementing any of them, as amended, consolidated, reenacted, or replaced from time to time.

23. Early Release Testing

1. Early Access Program Overview:

1. Apollo Scooters reserves the right to run Early Access Programs for its Scooters and Products at any time and for any duration, at its sole discretion.
2. Participation in the Early Access Program is not guaranteed and is subject to Apollo Scooters’ selection criteria. Apollo Scooters may select participants based on factors such as user demographics, experience, and other relevant considerations.

2. Early Access Program Agreement:

1. If selected to participate in any Early Access Program, you will be provided with a separate Early Access Program Agreement ("Agreement"). The Agreement will contain specific terms and conditions related to the particular Early Access Program.
2. The Agreement will outline the scope of the Early Access Program, the responsibilities of participants, confidentiality requirements, feedback submission guidelines, and any other pertinent details.

3. General Terms and Conditions:

1. Participants in the Early Access Program are also bound by Apollo Scooter's general Terms and Conditions ("General Terms"). These General Terms apply to all interactions and engagements with Apollo Scooters, including your participation in the Early Access Program.
2. In the event of any conflicts between the Agreement and the General Terms, the terms of the Agreement will prevail solely with respect to the Early Access Program.
3. By participating in any Early Access Program, you agree to comply with all applicable laws and regulations, as well as any additional guidelines provided by Apollo Scooters.

4. Feedback and Confidentiality:

1. Participants in Early Access Programs may have access to pre-release versions of Apollo Scooter's electric scooters and related software technologies. 
2. All feedback, ideas, suggestions, and other information provided by participants related to the Early Access Program ("Feedback") shall be considered the property of Apollo Scooters.
3. You agree that any Feedback you provide may be used by Apollo Scooters for the purpose of improving its products and services without any obligation to compensate you or maintain the confidentiality of the Feedback.

5. Termination and Changes:

1. Apollo Scooters reserves the right to terminate or modify the Early Access Program at any time without prior notice.
2. Apollo Scooters may, at its sole discretion, remove participants from the Early Access Program for reasons including but not limited to violation of these Terms, Agreement terms, or misuse of the Early Access Program materials.

6. Limitation of Liability:

1. Participation in the Early Access Program is voluntary, and Apollo Scooters disclaims any liability for any direct, indirect, incidental, consequential, or special damages arising from or related to your participation in the Early Access Program.

24. Transfer of rights and obligations

1. Apollo Scooters is allowed to transfer to third parties the rights and obligations described in any Agreement with Customer. If obligations of Apollo Scooters are transferred, Apollo Scooters must inform Customer beforehand and Customer shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such a case, Apollo Scooters shall not be liable for any damages. Except as provided in the Agreement and these Terms, Customer cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Apollo Scooters. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.

25. Privacy

1. In the performance of this agreement we process and safeguard Your personal data according to Our Privacy Policy. See https://apolloscooters.co/pages/privacy-policy

26. Conversion

1. If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.

27. Applicable law

1. The laws of Quebec shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.

28. Severability

1. If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

29. Amendment of Terms

1. Unless otherwise provided herein, these Terms may be amended on the part of Apollo Scooters by notification to Customer. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that You accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You
2. Arbitration Provision
   Customer shall notify in writing to Apollo Scooters any disputes or issues arising out of this Agreement. With Customer’s consent, each dispute arising out of or in connection with this Agreement, in respect of any legal relationship associated with or derived from this Agreement (save and except with respect to injunction or other immediate relief) (a “Dispute”) will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”).  The parties shall name an arbitrator by common agreement or subscribe to ADRIC’s case management services. The arbitration will occur in English, in Montreal, Quebec, Canada.  The parties may decide to use ADRIC’s online dispute resolution services by common agreement. Except as set forth herein, the parties elect domicile in the judicial district of Montreal.  

Disclaimer

We take great care to provide visitors to our site with up to date, correct and comprehensive information. However, inaccuracies can still occur. Apollo Scooters is not liable for any damage resulting from visiting this site or for damages resulting from alteration, inaccuracy or omission in the information provided, including technical failures.

Neither does Apollo Scooters give any guarantees regarding the content of third-party websites that are accessible through hyperlinks or other links on our website and accepts no liability with regards to these websites.

The copyright on the content, the images, the design and the programming of this website belongs to Apollo Scooters.

Apollo Scooters refers to Apollo Imports Inc. or one of its subsidiaries.

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