PLEASE READ CAREFULLY BEFORE USING A RIDE SCOOTER
If you need to contact Ride on Australia Pty Ltd (RIDE) about any matter relevant to these terms please do so via the RIDE App or by emailing firstname.lastname@example.org.
1. Purpose of this document
This document sets out the terms on which you may activate and use a RIDE scooter (Scooter).
By activating a Scooter you are creating a legally binding agreement between you and RIDE. This document set out the terms of that agreement.
You agree to comply with the terms set out in this document in relation to any Scooter which you hire. A failure to comply with these terms will result in you being legally and financially liable as set out below.
The Scooter is owned by RIDE. RIDE only permits you to rent a Scooter on the terms set out in this document.
You must return the Scooter to RIDE at the end of the rental period in the same condition as when you activated the Scooter.
You must not dismantle, modify, repair, write on or deface the Scooter, including any lock, equipment, stickers or markings on the Scooter.
You activate and ride the Scooter at your own risk. The Scooter is provided on an ‘as is’ and ‘as available’ basis.
You are responsible and liable for any damage to the Scooter.
You are responsible and liable for any injury or property damage suffered by you or any other person which is caused by, or is in connection with, your use of the Scooter. You release RIDE in respect of any liability arising from, or in connection with, your use of the Scooter, except to the extent that the liability is caused by the gross negligence or wilful misconduct of RIDE.
You indemnify RIDE in respect of any cost, liability or claim arising from, or in connection with, your use of the Scooter of any person, except to the extent that the cost, liability or claim is caused by the gross negligence or wilful misconduct of RIDE.
You are responsible for any infringement notices, fines or prosecutions incurred during your hire of the Scooter. You agree that if RIDE incurs liabilities of this nature arising from your use of the Scooter, then RIDE may recover the cost of these liabilities and any associated recovery costs (including legal costs on a solicitor-client basis) from you as a debt in any court of competent jurisdiction.
4. Vehicle availability
RIDE Scooter availability is limited. RIDE does not guarantee the availability of Scooters.
RIDE may require you to lock and deactivate the Scooter. Termination of your use of the Scooter by RIDE does not terminate this rental agreement between you and RIDE. If RIDE terminates your use of the Scooter, you will remain liable for the fees which have accumulated to the time of termination and any other fees which could be recovered by RIDE from you under these terms.
The maximum period during which you can rent a Scooter is 24 hours. Once 24 hours has elapsed, you must park, deactivate and lock the Scooter as specified at clause 6.6 below.
RIDE is not a common carrier. There are alternative means of transportation available to you. RIDE provides Scooters as a convenience, subject to rental availability, for use in accordance with these terms.
5. RIDE App
You are only permitted to access the Scooter through the RIDE App.
6. Conditions of use
You must be at least 18 years old to rent a Scooter.
You are only permitted to rent a Scooter if you are familiar with the operation of the Scooter. Material provided regarding the Scooter’s operation is available in the RIDE app.
You are only permitted to ride the Scooter, if you are physically fit to do so. You must not ride the Scooter if you are under the influence of alcohol, drugs or medication which may impair your ability to operate the Scooter safely.
The weight carried on the Scooter must not exceed 90 kg.
Only you are permitted to use the Scooter which you activate. You must not allow any other person to use the Scooter during the period in which you rent the Scooter.
6.2. No passengers
You must not carry another person on the Scooter.
6.3. Safety check
You must undertake the following basic safety check prior to using the Scooter. Check that:
- the wheels are aligned
- that brakes and lights are operating
- the frame is in good condition
- there is sufficient battery charge for your intended usage
- there is no signs of damage, unusual or excessive wear or obvious mechanical issue.
If there are mechanical issues with the Scooter, you should notify RIDE immediately via the RIDE App or by email.
You must vary your use of the Scooter to suit the environmental conditions, including weather conditions, the presence of other vehicles and pedestrians and road and footpath surface conditions and obstructions.
Your use of the Scooter will be on public roads and footpaths as permitted by law. You are responsible for determining whether the Scooter may be used on a specific road or footpath and for complying with any laws applying to that use.
- wear a bicycle helmet approved under the Australian Road Rules when riding the Scooter
- determine whether you are appropriately attired to use the Scooter
- obey all laws relating to riding, operation and parking the Scooter
- act safely and courteously towards other road and footpath users
- only use the Scooter in the metropolitan area
- not use the Scooter on unpaved roads or footpaths
- not use the Scooter on flooded roads or footpaths
- not hang heavy objects on the handlebars of the Scooter
- not use any phone, portable music player or other device while operating the Scooter
- not use a Scooter for any commercial purpose (including advertising) without the written permission of RIDE
- not use the Scooter for racing, mountain riding or stunt or trick riding.
RIDE recommends against riding a Scooter while carrying or holding a briefcase, backpack, bag or other item that can alter balance or otherwise impair the safe operation of the Scooter. If you choose to carry any item while riding the Scooter, you must ensure that you are not impeded in operating the Scooter safely.
6.5. Charging the Scooter
The Scooter is an electric vehicle which requires periodic charging. As the charge in the Scooter decreases, the speed and operational capabilities of the Scooter may alter and will eventually cease.
The rate at which the charge of the Scooter decreases will vary depending on factors such as the Scooter, road conditions and weather conditions. The distance and time of operation before recharging will be required is not guaranteed by RIDE.
You must check the available charge on the Scooter before starting to operate the Scooter and regularly during your use of the Scooter.
If the Scooter requires charging during the rental period, you may either cease your use of the Scooter in accordance with this agreement (including in relation to the parking of the Scooter) or you may charge the Scooter. If you decide to charge the Scooter, then this will be at your own cost. RIDE will not reimburse you for the cost of charging the Scooter.
You must only charge the Scooter in accordance with the manufacturer’s instructions including the use of a manufacturer approved charging cord and electricity outlet. The instructions are available in the RIDE app.
You must deactivate the Scooter at the end of the rental period in a lawful and appropriate location in accordance with these terms.
- not park a Scooter on private property, in a locked space or in any other non-public space
- only park a Scooter in a lawful and safe manner, in a place which is visible and will not cause an obstruction for other road and footpath users
- use the kickstand when you park the Scooter
- return the Scooter to a public location in the council area in which you hired the Scooter
- deactivate and lock Scooter at the conclusion of your use with the locking mechanism provided by RIDE (charges for the use of the Scooter will continue to accumulate until the Scooter is locked).
If you are unable to return the Scooter to a valid parking area, then you may request that the Scooter be collected by RIDE staff. A collection fee may apply (see clause 7.3).
You must report to RIDE via the RIDE App as soon as possible:
- any accident involving the Scooter
- the loss or theft of the Scooter
- any damage to, mechanical issue with, or malfunctioning of, the Scooter.
You must also report any accident involving the Scooter or the theft of the Scooter to the police within 24 hours.
6.8. Lost or stolen Scooter
A Scooter which:
- has not been returned for more than 48 hours
- has had its GPS system disabled
- is parked on private property without the authority of RIDE, is in a locked area or in a non-public space for more than 10 minutes after the rental period ends
- is moved at the end of the rental period more than 10 metres from the position of deactivation and the movement was not caused by another hirer or a third party
will be considered to be lost or stolen.
The last hirer of a lost or stolen Scooter will be assumed to be responsible for the Scooter, unless there is reasonable evidence to the contrary.
RIDE may take legal action to recover a lost or stolen Scooter. If you are the last hirer of a lost or stolen Scooter, then RIDE may provide your details to the police. RIDE may also seek compensation from any person responsible for the loss or theft of a Scooter.
7.1. Usage fees
Fees are calculated on the period of time during which you hire a Scooter. You agree that the data generated by RIDE’s rental system accessed through the RIDE App is conclusive proof of your hire of the Scooter and the rental period.
You are liable for fees which accumulate between the time when you activate the Scooter to the time at which you lock and deactivate the Scooter.
If you do not lock and deactivate a Scooter as required by RIDE at the end of your use, fees will continue to accumulate (subject to a maximum daily fee applying for a 24 hour rental period). You will be liable to pay these accumulated fees.
You must pay the fee for the use of the Scooter calculated in the manner specified on the RIDE App. GST is also payable in respect of renting the Scooter and will be collected by RIDE.
A maximum daily fee is payable as specified on the RIDE App.
7.2. Exceeding the maximum rental period
You may be charged an additional service fee if you do not deactivate and lock the Scooter within 24 hours after your rental period commenced.
A Scooter which has not been deactivated and locked for 48 hours is deemed to be lost or stolen. You will be liable for a Scooter which is lost or stolen during your rental of that Scooter. Charges for which you will be liable if a Scooter is lost or stolen are set out on the RIDE App.
7.3. Collection fees
If you are unable to return the Scooter to a valid parking area, then you may request that the Scooter be collected by RIDE staff. A fee as specified on the RIDE App may be charged for the collection service.
Once the Scooter is deactivated and locked, you will be charged the rental fee for the time which has elapsed or the maximum daily fee (whichever fee is less).
Fees for which you are liable under these terms will be charged to the credit card or debit card linked to your RIDE account.
7.5. Promo codes
Promo codes may be available from time to time which allow a discount on the hire fees which otherwise would apply.
Promo codes are non-transferable, can only be used by a single customer and must be used in accordance with any terms applying to the promo code.
7.6. Payment disputes
If you dispute a fee charged by RIDE to your credit card or debit card, you should contact RIDE within 10 business days from the date of the credit card or debit card statement containing the disputed fee and provide information to enable RIDE to identify the disputed charge. This information should include the date of the trip, activation location and approximate start and end time of the rental period.
If there is a dispute between you and RIDE in relation to these terms or your hire of the Scooter, then you and RIDE agree to follow the process set out in this clause prior to instigating any legal proceedings (other than urgent interlocutory or declaratory relief).
If you have any concerns regarding your use of the Scooter or these terms then you should contact RIDE via the RIDE App or by email. You and RIDE agree to use best efforts to resolve the concerns through good faith discussions.
If the dispute is not resolved by discussion, then either you or RIDE may refer the dispute to binding arbitration. The arbitration will be only in regard to the dispute between you and RIDE and will not involve the determination of any dispute or claim by any other person.
Unless you and RIDE can agree on an arbitrator, an arbitrator will be selected by the Chair of the Resolution Institute. The arbitration will be undertaken in accordance with the Resolution Institute Arbitration Rules. The arbitration proceedings will be in the capital city of the State in which you hire the Scooter, unless you and RIDE agree otherwise.
Nothing in this clause prevents RIDE from seeking to recover moneys owed by you under these terms as a debt in a court of competent jurisdiction.
9. Other information
To the extent permitted by law, warranties, guarantees or representations which may be implied into this agreement by legislation are excluded.
These terms may be amended by RIDE from time to time. Amended terms will be published on the RIDE website and be available via the RIDE App. The terms published on the RIDE website at the time at which you activate a Scooter will be the terms which apply to your use of the Scooter.
If any of these terms is unlawful or unenforceable, then the unlawful or unenforceable term or condition will be severed from this agreement. The agreement between you and RIDE (other than the severed provision) will continue in full force and effect.
If RIDE does not:
- enforce an obligation which you owe to RIDE under this agreement or
- seek a remedy if you are in breach of this agreement,
this does not constitute a waiver of your obligation and RIDE is not precluded from enforcing that obligation or seeking a remedy in the future.
This agreement between you and RIDE is governed by the law of the State in which you hired the Scooter. Any legal proceedings in respect of this agreement will be commenced in a court of competent jurisdiction in that State.