Terms and Conditions

Terms and Conditions

This Agreement is entered into between Adacam Pty Ltd ABN 60 624 750 616 (we, us or our) and you, the person, organisation or entity described in the Booking Form (you or your), together the Parties and each a Party.

Acceptance

  1. You accept this Agreement by the earlier of:
    1. signing and returning this Agreement to us (including by email); or
    2. making an Online Booking through our Website.
  2. We may, at our absolute discretion, accept or reject any Online Booking for whatever reason.
  3. Subject to clause 1.2, this Agreement will commence on the date this Agreement is accepted and will continue for the Term.

Our obligations

  1. In consideration of you paying the Hire Fee and you complying with this Agreement, we agree to lease the Bike to you for the Hire Period, and in accordance with this Agreement.
  2. We will have no obligation to lease the Bike to you until we have received the payment of the Hire Fee in full.

Your obligations

General
  1. You agree to:
    1. comply with this Agreement, our reasonable requests or requirements (including safety procedures and policies), and all applicable laws; and
    2. provide all assistance, information, and all things reasonably necessary to enable us to comply with our obligations under this Agreement or at law.
Payment
  1. You agree to pay us:
    1. The Hire Fee;
    2. any other amount payable to us under this Agreement,

      3. in accordance with the Payment Terms.

  2. If any Late Fee has not been made in accordance with the Payment Terms, we may (at our absolute discretion):
    1. Enter any premises where the Bike is located, and recover or repossess the Bike (and you agree to provide any access, items and consents required to enable us to do so), and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or
    2. charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date.
Collection and Return of Bike
  1. You agree to collect the Bike from us from the Collection Location. You agree that despite any delay in the collection of the Bike by you, your obligation to pay the Hire Fee will remain.
  2. You agree to return the Bike to us in the Original Condition, at the Collection Location and by the End Date, or sooner, if requested by us on reasonable grounds (or as otherwise provided under this Agreement).
  3. We will allow a grace period of 1 hour for the return of the Bike, after which, we will charge you the Late Fee until you have returned the Bike to us. You agree that the Late Fee is a genuine pre-estimate of loss, suffered or incurred by us, as a result of your delay in returning the Bike by the End Date.
Condition of Bike
  1. You agree that you are solely responsible for determining whether the Bike will be suitable, fit for purpose, and in compliance with its description.
  2. Unless you notify us in writing within 1 hour of the Start Date, demonstrating that the Bike does not comply with this Agreement, you agree that the Bike is in good condition, clean, free from damage or defect, fit for purpose and in accordance with this Agreement (Original Condition).
Warranties

You warrant and agree that:

  1. The Bike may only be ridden by you;
  2. You will keep the Bike under your custody and control at all times, and you will not sublease, rent, sell, or otherwise transfer the Bike to any other person;
  3. You must wear a correctly-fitted helmet at all times while using the Bike during the Hire Period;
  4. You must act with care while riding the Bike;
  5. You have not relied on any representations or warranties made by us in relation to the Bike (including as to whether the Bike is or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
  6. You possess a full and valid Australian or International driver’s licence, you will carry your driver’s licence with you when riding the Bike, and you will present your driver’s licence to us upon our request;
  7. You will report any Accident or traffic infringement which occurs during the Hire Period to us as soon as possible after it occurs;
Maintenance

During the Hire Period, in addition to and without limiting any other obligation under this Agreement, you agree to:

  1. protect and keep the Bike in the Original Condition (including being in good working order and condition), subject to any fair wear or tear;
  2. only allow our Personnel to service or repair the Bike, unless otherwise instructed or permitted by us;
  3. Prevent the Bike from being subject to any loss, theft, damage, vandalism or destruction and notify us immediately if the Bike is stolen, lost, destroyed or damaged;
  4. Contact us immediately if there are any technical or mechanical issues with the Bike and not attempt to fix the Bike yourself; and
  5. You must not use the Bike, or allow the Bike to be used, in breach of any laws.
Servicing and Repairs
  1. You agree that you are responsible for the costs of any repairs or replacement of the Bike that are necessary as result of loss, theft, damage, vandalism, misuse or neglect.

Title and Risk

  1. Title and Risk

Risk in the Bike will pass to you when you have collected the Bike from the Collection Location. You agree that once you have collected the Bike from the Collection Location, you will be solely responsible for the Bike until it is returned to us and are in our full custody and control. Title in the Bike will at all times remain with us, and you take the Bike as a bare bailee.

Security Interest and Repossession

  1. Repossession
    1. We may, at any time throughout the Hire Period, request that the Bike be returned to us, or the Bike may otherwise be recovered or repossessed by us in accordance with this clause 5.1.
    2. If you do not return the Bike to us upon our request, then following a written demand to you to return the Bike, we may report the Bike as stolen and take steps to recover and repossess the Bike.
    3. You authorise us to enter any premises where the Bike is located, or where necessary, you agree to obtain the right for us to enter any premises where the Bike is located, in order for us to recover and repossess the Bike in accordance with this clause 5.1.
    4. You agree to indemnify us for all cost, loss, damage, expense or liability suffered or incurred by us in repossessing or recovering the Bike under this clause 5.1.
  2. Security Interest
    1. You agree not to create an encumbrance, lien, charge or other interest on or over the Bike.
    2. You agree that this Agreement and your obligations under this Agreement creates a registrable security interest in favour of us, and you consent to the security interest (and any other registrable interest created in connection with this Agreement) being registered on any relevant securities register (and you must do all things to enable us to do so).

Liabilities

Australian Consumer Law
  1. Certain legislation, including the ACL, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the lease of the Bike by us to you which cannot be excluded, restricted or modified (Statutory Rights).
  2. If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the lease of the Bike provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
  3. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services is provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
Exclusions

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  1. Your or your Personnel’s acts or omissions;
  2. Any use or application of the Bike by a person other than you, or other than as reasonably contemplated by this Agreement;
  3. Any works, services, goods, materials or items which do not form part of the lease of the Bike to you (as expressed in this Agreement), or which have not been provided by us;
  4. The Bike being unavailable, or any delay in us providing the Bike to you, for whatever reason; and
  5. Any event outside of our reasonable control.
Limitations

Despite anything to the contrary, to the maximum extent permitted by law:

  1. Neither Party will be liable for Consequential Loss;
  2. A Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel); an
  3. Our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Bike to you or, in our sole discretion, to us repaying you the amount of the Hire Fee paid by you to us in respect of the lease of the Bike to which the Liability relates.
Indemnity

You are liable for and agree to indemnify, hold harmless, release and discharge, us in respect of any Liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with:

  1. Any loss (including theft) of, or damage to, the Bike during the Hire Period;
  2. Any failure or delay to collect or return the Bike in accordance with this Agreement;
  3. Any failure to return the Bike in its Original Condition;
  4. Your acts or omissions; or
  5. Your breach of this Agreement or any laws.
Survival

The obligations under this clause will survive termination or expiry of this Agreement.

Termination

This Agreement will terminate immediately upon written notice by:

  1. Us, if:
    1. You breach any provision of this Agreement and that breach has not been remedied within 10 Business Days of being notified by us; or
    2. You are unable to pay your debts as they fall due; and
  2. You, if we are in breach of a material term of this Agreement, and that breach has not been remedied within 10 Business Days of being notified by you.
Upon expiry or termination of this Agreement:
  1. We will cease leasing the Bike to you;
  2. You are to pay all other amounts due and payable under this Agreement, including the Late Fee (if applicable);
  3. Pursuant to clause 7.1(a), you also agree to pay our additional costs arising from, or in connection with such termination; and
  4. you agree to grant us such rights of access to any premises where the Bike is located to allow us (or our Personnel) to immediately recover or repossess the Bike.

This clause 7.2 will survive the termination or expiry of this Agreement

Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

General

Disputes

If a dispute arises, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. Of course, this won’t prevent a party from seeking urgent equitable relief.

Jurisdiction

Each party agrees that the laws of Queensland will apply to this Agreement, and that they submit to the courts of that jurisdiction in the event of a dispute.

GST

If and when applicable, you agree to pay any GST payable on the Hire Fee or any other amount at the same time as you pay such amount.

Severance

: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Booking Form and in this Agreement, and:

ACL means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Accident means any collision or contact between the Bike and any other object, including but not limited to another vehicle, animal or person, or any incident or occurrence that results in the Bike being damaged, lost or destroyed or any other vehicle, property, thing, animal or person being injured, killed, damaged, lost or destroyed (as applicable).

documents, attached to, or referred to, in it.

Bike means the bicycle and any accessories, the subject of this Agreement, the particulars of which are set out in the Booking Form, or as otherwise provided by us to you, in writing.

Booking Form means the booking form attached to this Agreement or on our Website.

Business Days means a day on which banks are open for general banking business in Queensland, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Online Booking is an online booking to hire a Bike by filling out the Booking Form on our Website.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.

Term means the term of this Agreement, commencing on the date this Agreement is accepted in accordance with its terms and ending on the date being the earlier of the expiry of the Hire Period or the date this Agreement is terminated in accordance with its terms.

Website means our website, accessible at https://emtbstore.com.au/