TERMS OF USE
1. Introduction

(a)These terms and conditions apply to Your use of the bicycle rental service provided by Reddy Go Pty Ltd ACN 619 238 014 (Reddy Go).

(b)These terms and conditions are accepted by You upon proceeding with your application, and govern the relationship between you and Reddy Go (Agreement).

2. User terms and conditions

(a) In these terms and conditions, some words have special meanings as set out below:

Authorised Area

means an area that is outside and is publicly accessible and is not:

(a) in a locked up or fenced off area;

(b) a private car park;

(c) an area that is underground;

(d) in a public or private building;

(e) on privately owned property;

(f) in an area that obstructs a drive way, emergency exit, building entrance or pedestrian traffic; or

(g) in an area where it is illegal for bicycles to be parked.

Bonus Behaviour

means the activities engaged in by Registered Users, as set out in the Reddy Go Application, relating to the Cycle Service for which points towards the Cycle Score may be allocated by Reddy Go

Cycle

means a Cycle Service bicycle

Cycle Credits

means pre-paid credits purchased from Reddy Go which can be redeemed for a Period of Use

Cycle Score

means the number of points allocated to a Registered User in the Reddy Go Application

Cycle Service

means the bicycle rental service provided by Reddy Go

Misconducts

means the activities engaged in by Registered Users, as set out in the Reddy Go Application, relating to the Cycle Service for which points towards the Cycle Score may be deducted by Reddy Go

Period of Use

means the period of time from when a Cycle is reserved by a Registered User up until that Cycle is locked in an Authorised Area

Reddy Go

means the Reddy Go app

Reddy Go

means the Reddy Go app

Refundable Membership Fee

means a refundable fee payable by you upon application for registration with Reddy Go in the sum identified in the Reddy Go Application

Registered Payment Card

has the meaning prescribed by clause 3(b)(v)

Registered User

means a person who has registered to use the Cycle Service by providing us with certain personal details and paying a Refundable Membership Fee and has been accepted as a Registered User by Reddy Go

Returned

means that the Cycle has been returned in accordance with clause 9

You or Your

means a Registered User or a person who applies to become a Registered User subject to this Agreement

(b) By accessing the Cycle Service, You acknowledge and agree that:

(i) you have read and accepted these terms and conditions;

(ii) we may amend these terms and conditions from time to time and you agree to be bound by such amendments;

(iii) you are granted a non-exclusive licence to use the Cycles pursuant to the terms of this Agreement; and

(iv) ownership of the Cycles at all times remains with Reddy Go; and

(v) all personal data about you will be collected and handled in accordance with the Reddy Go Privacy Policy.

3. Registration

(a) In order to access the Cycle Service, you must be a Registered User.

(b) To lodge an application with Reddy Go to become a Registered User you must:

(i) be at least 18 years of age;

(ii) click to accept these terms and conditions;

(iii) provide Reddy Go with the following personal details:

(A) full name;

(B) email address;

(C) home or work address;

(D) copy of photo identification;

(E) any documents reasonably requested by Reddy Go, including proof of address and photocopies of photo identification;

(iv) pay a Refundable Membership Fee; and

(v) provide Reddy Go with the details of an unexpired credit or debit card with available funds in your name, or which you are authorised to use (Registered Payment Card).

(c) You will become a Registered User once Reddy Go has notified you in writing that your application has been accepted and you are provided with access to a personal Reddy Go account.

(d) As a Registered User, You agree to, at all times:

(i) advise Reddy Go if there is any change to your contact details;

(ii) maintain at least one current Registered Payment Card with Reddy Go.

(e) Reddy Go may, at any time while you are a Registered User, request any additional information detailed in clause 3(b)(iii)(E) and may suspend you as a Registered User until such documentation is provided and verified.

(f) Reddy Go may, at its absolute discretion, refuse your application to become a Registered User of Reddy Go. If your application is refused, Reddy Go will not be required to give reasons for the denial of your application.

4. Maximum Period of Use

(a) A Cycle may not be used for more than 24 consecutive hours (Maximum Period of Use).

(b) You must Return the Cycle prior to the expiry of the Maximum Period of Use.

5. Prepaid Cycle Credits

(a) Once you are established as a Registered User, in order to use the Cycle Service, you will need to select and purchase Cycle Credits through the Reddy Go Application using an accepted method of payment.

(b) Cycle Credits do not have an expiry date, cannot be refunded, converted, transferred or donated to other Registered Users.

(c) All purchased Cycle Credits will make up Your Credit Balance.

(d) Each Cycle Credit entitles the Registered User to use a Cycle for a Period of Use of 30 minutes. The Registered User may use the Cycle for a period longer than 30 minutes, at a rate of 1 Cycle Credit for every 30 minutes of subsequent use.

(e) The minimum Period of Use is 30 minutes.

(f) The total Cycle Credits deducted will vary depending on the Period of Use which will commence when you reserve or unlock the Cycle, and end when you securely lock the Cycle using the smart lock installed as part of the Cycle in an Authorised Area.

(g) The Period of Use will be determined using the data recorded on Reddy Go’s system and that data will be conclusive proof of any Period of Use absent manifest error.

(h) At the end of your Period of Use, the number of Cycle Credits used will be deducted from your Credit Balance (which could from time to time be below zero). When Your Credit Balance falls below the minimum amount of Cycle Credits specified by the Ready Go Application from time to time, you will be required to purchase further Cycle Credits before using (or continue using) the Cycle Service, and in such event you agree to automatically purchase 10 Cycle Credits from Reddy Go and authorise Reddy Go to direct debit funds from your Registered Payment Card for payment of the automatic Cycle Credit purchase without further approval from you. You further agree for this automatic Cycle Credit purchase to take place on a recurring basis.

(i) You have 30 days from the date Cycle Credits are deducted from your Reddy Go account to query a deduction. No queries submitted after that date will be investigated.

(j) You acknowledge and agree that Reddy Go may store your nominated credit or debit card information with a third party provider of payment gateway services.

(k) You acknowledge and agree that Reddy Go may at any time:

(i) reduce or increase the number of Cycle Credits required for each Period of Use;

(ii) reduce or increase the cost for purchase of Cycle Credits; and

(iii) reduce or increase the minimum number of Cycle Credits required to use the Cycle Service.

6. Refundable Membership Fee

(a) As part of the registration process, You will be required to pay a Refundable Membership Fee to Reddy Go until a refund is requested by You in writing.

(b) Provided no event has occurred that results in Reddy Go retaining your Refundable Membership Fee, the Refundable Membership Fee will be refunded to you upon request in writing within 14 days provided all Cycles used by you have been Returned.

(c) If your Refundable Membership Fee has been refunded or has been retained by Reddy Go pursuant to these terms, you will not be able to use the Cycle Service unless another Refundable Membership Fee is provided.

(d) Where:

(i) a Cycle used by you has not been Returned within the Maximum Period of Use;

(ii) you have deliberately, recklessly, or negligently caused significant damage a Cycle; or

(iii) your Cycle Score becomes zero or lower,

you agree that the Refundable Membership Fee paid by you may be retained in full by Reddy Go.

7. Cycle Score

(a) Upon registration with Reddy Go, you will be allocated a Cycle Score, points towards your Cycle Score can be accumulated by carrying out Bonus Behaviours.

(b) Points will be deducted from you Cycle Score for Misconducts at varying levels.

8. Cycle Access

(a) The location of all available Cycles will be displayed on the map screen on the Reddy Go Application.

(b) You may select an available Cycle through the Reddy Go Application and reserve that Cycle for up to 15 minutes to allow you time to reach the Cycle’s location. If you do not reach the reserved Cycle within 15 minutes, it will become visible to other Registered Users and may be reserved for use by other Registered Users.

(c) Before unlocking a Cycle for use, you must inspect the Cycle to ensure that it is roadworthy. This includes inspecting the tyres, frame and saddle, and testing the brakes and bell.

(d) If, following your inspection, You are satisfied that the Cycle is roadworthy, You can unlock the smart lock by scanning the QR Code that is linked to your account.

(e) If you identify that any component of the Cycle is not working correctly, You must not unlock the Cycle but rather must report the issue to Reddy Go by sending a message to Reddy Go through the Reddy Go Application’s “feedback” option and confirming the location of the Cycle and the Cycle’s serial number (which is located on the Cycle’s frame).

9. Returning the Cycle

(a) When you have finished using the Cycle, You must Return the Cycle by:

(i) securely locking the smart lock and leaving the Cycle in an Authorised Area;

(ii) ensuring that the Cycle is left in the same condition as when you started using it part from normal fair wear and tear; and

(iii) ensuring that if you found the Cycle with a helmet in the basket, that the helmet is placed back in the basket.

(b) You acknowledge that if you fail to return the Cycle to an Authorised Area, you will be liable for all costs and expenses involved for returning the Cycle to an Authorised Area regardless of whether your Period of Use has ended or whether you have advised Reddy Go of the Cycle’s location.

(c) You acknowledge that Reddy Go will not be responsible for any property left in the Cycle’s basket. You are required to take full responsibility to ensure that you have removed all of your personal property from the Cycle basket at the end of each Period of Use.

10. Your Acknowledgments and Obligations

(a) You acknowledge and agree that:

(i) You are experienced and familiar with the safe operation of a bicycle and are not relying on the Service to learn to ride a bicycle;

(ii) You are familiar with all relevant road rules pertaining to the use and operation of bicycles on the roads in the state in which you use the Cycle Service and will comply with all relevant road laws, rules and regulations in force at the time You are using the Cycle Service (including, but not limited to, observing traffic lights and signs and refraining from riding on the footpath);

(iii) You are required by law to wear an securely fitted and fastened bicycle helmet when riding a bicycle and that penalties apply to you if you do not comply with the law;

(iv) You are responsible for obtaining and using a helmet and protective gear when using the Service and will wear a bicycle helmet that complies with relevant and current Australian safety standards (presently AS/NZS 2063:2008) and also wear suitable clothing at all times when using a Cycle;

(v) You will, before unlocking the Cycle, check that the Cycle (including without limitation the tyres, brakes, saddle and bell) is roadworthy

(vi) You will return the Cycle in accordance with clause 9; and

(vii) You will appropriately use and care for the Cycle when it is in your possession.

(b) You agree that you will not:

(i) use the Cycle Service in a way that is contrary to any applicable New South Wales road laws, rules and regulations;

(ii) use a Cycle in any way that endangers You or any other person, including transporting a passenger in any way whatsoever;

(iii) use a Cycle on terrain or in conditions which are likely to damage the bicycle;

(iv) drink alcohol or take drugs prohibited by law, or any other substance that would impair Your ability to operate a Cycle safely, while riding a Cycle;

(v) use any lock on the Cycles other than the smart lock attached to a Cycle;

(vi) tamper with, dismantle or attempt to dismantle a Cycle;

(vii) ride a Cycle if it has any defect or is in need of repair or if any component becomes defective or is otherwise unsafe;

(viii) exceed the maximum load that can be carried by a Cycle being 120 kg for a Cycle or 4 kg for the basket;

(ix) allow any other person to use the Cycle;

(x) remove or modify any accessories, parts or components of a Cycle;

(xi) leave a Cycle unattended during a Period of Use;

(xii) use a Cycle to operate a courier service;

(xiii) use a Cycle in any organised race event;

(xiv) give, lend or sell the Cycle to any person;

(xv) damage, deface or vandalise the Cycle; or

(xvi) carry dangerous, hazardous or flammable substances that can cause damage to You, damage to the Cycle or is prohibited by Law.

11. Network Access

(a) The Reddy Go Application requires internet access for you to access the Cycle Service.

(b) You acknowledge and agree that:

(i) You are responsible for ensuring that you have sufficient data access to use the Cycle Service;

(ii) Your mobile network may apply charges if you use the Reddy Go Application from a wireless device;

(iii) You are responsible for ensuring that your mobile device or computer is compatible with the Reddy Go Application; and

(iv) the Reddy Go Application may be subject to delays or malfunctions as can be reasonably expected with day to day use of electronic applications or communications.

12. Maintenance

(a) Reddy Go will use its best endeavours to repair Cycle’s that are reported as damaged or in need of repair.

(b) You can report a fault or damage to a Cycle by selecting the [insert] button on the Reddy Go Application.

(c) You acknowledge and agree that Reddy Go is not under an obligation to ensure that all available Cycles are in working order or without fault

13. Unauthorised Users

(a) You acknowledge and agree that:

(i) only you, as account holder and Registered User, may ride a Cycle reserved or unlocked by You; and

(ii) any actions of any other person riding a Cycle released by You which incurs liability to Reddy Go pursuant to this Agreement, will be wholly borne by you.

(b) If you, or any other person authorised by you, are in possession of a Cycle without the consent of Reddy Go, or you or the other person remain in possession of the Cycle following the Maximum Period of Use, Reddy Go may charge you:

(i) the Cycle Credits for the time that You or any other person remains in possession of the Cycle;

(ii) administration fees as reasonably incurred by Reddy Go, including but not limited to attempts to contact You; and

(iii) any fees payable by Reddy Go to recover the Cycle including but not limited to legal costs on an indemnity basis, court costs, police costs, reasonable loss of utilisation costs, sheriff costs, debt recovery costs and cost for the replacement of the Cycle if it cannot be recovered.

(c) You agree that Reddy Go may retain your Refundable Membership Fee as contribution towards the above costs.

14. Bike Damage and Recovery

(a) In the event of an accident associated with a Cycle used by You or where the Cycle sustains damage while it is in your possession, you must:

(i) immediately, or if that is not possible then as soon as reasonably practicable, report the damage to Reddy Go through the Reddy Go Application;

(ii) report any injury to any person caused by the Cycle in your possession and provide Reddy Go with the police reference number given to you when you reported the injury;

(iii) report any loss or damage to third party property associated with your possession of the Cycle and if the police attended the incident, the police reference number given to you;:

(iv) not attempt to repair the Cycle or any part thereof; and

(v) take all measures that a reasonable person would take in the event of an accident.

(b) You agree that you will complete any forms reasonably required by Reddy Go in the event of an accident.

(c) You undertake and agree to fully co-operate with Reddy Go and any third party as required by Reddy Go in relation to any investigation or legal proceedings associated with an accident or damage sustained which a Cycle was in your possession, in connection with a Cycle associated with a Period of Use by you (whether or not such Cycle was in your possession during Your Period of Use)

(d) You acknowledge and agree that if you fail to comply with any of your obligations under clauses 14(a) to (c), you will be liable for all fees and charges and other costs associated with the accident and damage including, but not limited to, debt recovery costs and legal costs.

(e) In the event that a Cycle in your possession is stolen, you must immediately contact the police, and as reasonably practicable inform Reddy Go and provide the police reference number.

15. Termination

(a) You may terminate this agreement and close your account with Reddy Go at any time.

(b) Reddy Go may immediately terminate this agreement by notice in writing to you if it reasonably believes that you have breached a term of this agreement.

(c)If this agreement is terminated by Reddy Go then your account as a Registered User will also be immediately closed and you will forfeit any Cycle Credits registered to Your account.

16. Monitoring

(a) All Cycles are equipped with on-board global positioning and monitoring system.

(b)You acknowledge that Reddy Go may monitor your usage and location of its Cycles via its on-board positioning and monitoring system. The usage information gathered by Reddy Go will be stored and used in accordance with the Reddy Go Privacy Policy.

17. Service Limitations

(a) Sometimes all or part of the Cycle Service may be unable to operate for reasons beyond the control of Reddy Go.

(b) During certain periods the Cycle Service may be heavily used and Reddy Go cannot guarantee that Cycles will be available for reservation or use.

(c) You acknowledge that Reddy Go may at any time suspend all or part of the Cycle Service, reduce the number of Cycles available, suspend the use of Cycles during adverse weather conditions or if so required by law.

(d) Reddy Go does not guarantee that Cycles will be available for use at any location at any time.

(e) You acknowledge and agree that Reddy Go will not be liable to you for any claim, liability, loss, damage, costs or expenses, whether direct, indirect or consequential, if Reddy Go is unable to provide you with a Cycle or cancels a reservation.

18. Assignment

(a) You acknowledge and agree that you are not permitted to assign or licence your rights and/or obligations under this Agreement.

(b) You agree that Reddy Go may assign its rights and/or obligations under this Agreement to any person, on such terms as Reddy Go sees fit in its sole discretion by notifying you of such assignment in writing.

19. Waiver, release and indemnity

(a) You acknowledge that there are dangers and risks inherent with riding the Cycles (Activity) to which You may be exposed by subscribing to the Cycle Service and participating in the Activity.

(b) You agree that You are participating in the Activity at your own risk and You voluntarily assume responsibility for any injury, death or property damage You may suffer or cause as a result of your participation in the Activity.

(c) You agree that You are using the Service on the express condition that Reddy Go:

(i) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to You which may happen as a result of your use of the Cycle Service; and

(ii) will not incur or be under any liability whatsoever to You for any loss, damage or injury to or in respect of any of your property,

except as occasioned by the negligent acts or omissions or default of the Indemnified Persons.

(d) Reddy Go is not liable to You in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.

(e) You undertake and agree to indemnify Reddy Go against any liability, loss, damage, costs and expenses (including legal costs on an indemnity basis) as a result of or in connection with any breaches by you of this agreement.

(f) You acknowledge that Reddy Go may call on the Refundable Membership Fee without notice to you to meet any monies owed by you to Reddy Go howsoever arising. If Reddy Go calls on your Refundable Membership Fee you may be required to replace the used portion of the Refundable Membership Fee before accessing the Reddy Go Service.

20. No Waiver

Reddy Go's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any of its rights under this Agreement.

21. Variation

(a)Reddy Go may vary these terms without consulting you. Any variations to these terms will be published on the Reddy Go Application, and can be requested from Reddy Go sending an email to CS@reddygo.com.au.

22. General

(a) The rights and obligations of both you and Reddy Go shall continue in full force and effect until the rights and obligations created under this Agreement elapse by the effluxion of time or are determined by mutual agreement.

(b) All notices, demands and other communications for the purposes of this Agreement shall be in writing. Such notice, if delivered personally, by email or sent by post, shall be deemed received on that day or if delivered by other means, after two (2) business days of sending.

(c) Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(d) Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(e) If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(f) No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

(g) This Agreement shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

23. Reddy Go Contact Information

Reddy Go Pty Ltd

TERMS OF USE
1. Introduction

(a)These terms and conditions apply to Your use of the bicycle rental service provided by Reddy Go Pty Ltd ACN 619 238 014 (Reddy Go).

(b)These terms and conditions are accepted by You upon proceeding with your application, and govern the relationship between you and Reddy Go (Agreement).

2. User terms and conditions

(a) In these terms and conditions, some words have special meanings as set out below:

Authorised Area

(a) in a locked up or fenced off area;

(b) a private car park;

(c) an area that is underground;

(d) in a public or private building;

(e) on privately owned property;

(f) in an area that obstructs a drive way, emergency exit, building entrance or pedestrian traffic; or

(g) in an area where it is illegal for bicycles to be parked.

Bonus Behaviour

means the activities engaged in by Registered Users, as set out in the Reddy Go Application, relating to the Cycle Service for which points towards the Cycle Score may be allocated by Reddy Go

Cycle

means a Cycle Service bicycle

Cycle Credits

means pre-paid credits purchased from Reddy Go which can be redeemed for a Period of Use

Cycle Score

means the number of points allocated to a Registered User in the Reddy Go Application

Cycle Service

means the bicycle rental service provided by Reddy Go

Misconducts

means the activities engaged in by Registered Users, as set out in the Reddy Go Application, relating to the Cycle Service for which points towards the Cycle Score may be deducted by Reddy Go

Period of Use

means the period of time from when a Cycle is reserved by a Registered User up until that Cycle is locked in an Authorised Area

Reddy Go

means the Reddy Go app

Reddy Go

means the Reddy Go app

Refundable Membership Fee

means a refundable fee payable by you upon application for registration with Reddy Go in the sum identified in the Reddy Go Application

Registered Payment Card

has the meaning prescribed by clause 3(b)(v)

Registered User

means a person who has registered to use the Cycle Service by providing us with certain personal details and paying a Refundable Membership Fee and has been accepted as a Registered User by Reddy Go

Returned

means that the Cycle has been returned in accordance with clause 9

You or Your

means a Registered User or a person who applies to become a Registered User subject to this Agreement

(b) By accessing the Cycle Service, You acknowledge and agree that:

(i) you have read and accepted these terms and conditions;

(ii) we may amend these terms and conditions from time to time and you agree to be bound by such amendments;

(iii) you are granted a non-exclusive licence to use the Cycles pursuant to the terms of this Agreement; and

(iv) ownership of the Cycles at all times remains with Reddy Go; and

(v) all personal data about you will be collected and handled in accordance with the Reddy Go Privacy Policy.

3. Registration

(a) In order to access the Cycle Service, you must be a Registered User.

(b) To lodge an application with Reddy Go to become a Registered User you must:

(i) be at least 18 years of age;

(ii) click to accept these terms and conditions;

(iii) provide Reddy Go with the following personal details:

(A) full name;

(B) email address;

(C) home or work address;

(D) copy of photo identification;

(E) any documents reasonably requested by Reddy Go, including proof of address and photocopies of photo identification;

(iv) pay a Refundable Membership Fee; and

(v) provide Reddy Go with the details of an unexpired credit or debit card with available funds in your name, or which you are authorised to use (Registered Payment Card).

(c) You will become a Registered User once Reddy Go has notified you in writing that your application has been accepted and you are provided with access to a personal Reddy Go account.

(d) As a Registered User, You agree to, at all times:

(i) advise Reddy Go if there is any change to your contact details;

(ii) maintain at least one current Registered Payment Card with Reddy Go.

(e) Reddy Go may, at any time while you are a Registered User, request any additional information detailed in clause 3(b)(iii)(E) and may suspend you as a Registered User until such documentation is provided and verified.

(f) Reddy Go may, at its absolute discretion, refuse your application to become a Registered User of Reddy Go. If your application is refused, Reddy Go will not be required to give reasons for the denial of your application.

4. Maximum Period of Use

(a) A Cycle may not be used for more than 24 consecutive hours (Maximum Period of Use).

(b) You must Return the Cycle prior to the expiry of the Maximum Period of Use.

5. Prepaid Cycle Credits

(a) Once you are established as a Registered User, in order to use the Cycle Service, you will need to select and purchase Cycle Credits through the Reddy Go Application using an accepted method of payment.

(b) Cycle Credits do not have an expiry date, cannot be refunded, converted, transferred or donated to other Registered Users.

(c) All purchased Cycle Credits will make up Your Credit Balance.

(d) Each Cycle Credit entitles the Registered User to use a Cycle for a Period of Use of 30 minutes. The Registered User may use the Cycle for a period longer than 30 minutes, at a rate of 1 Cycle Credit for every 30 minutes of subsequent use.

(e) The minimum Period of Use is 30 minutes.

(f) The total Cycle Credits deducted will vary depending on the Period of Use which will commence when you reserve or unlock the Cycle, and end when you securely lock the Cycle using the smart lock installed as part of the Cycle in an Authorised Area.

(g) The Period of Use will be determined using the data recorded on Reddy Go’s system and that data will be conclusive proof of any Period of Use absent manifest error.

(h) At the end of your Period of Use, the number of Cycle Credits used will be deducted from your Credit Balance (which could from time to time be below zero). When Your Credit Balance falls below the minimum amount of Cycle Credits specified by the Ready Go Application from time to time, you will be required to purchase further Cycle Credits before using (or continue using) the Cycle Service, and in such event you agree to automatically purchase 10 Cycle Credits from Reddy Go and authorise Reddy Go to direct debit funds from your Registered Payment Card for payment of the automatic Cycle Credit purchase without further approval from you. You further agree for this automatic Cycle Credit purchase to take place on a recurring basis.

(i) You have 30 days from the date Cycle Credits are deducted from your Reddy Go account to query a deduction. No queries submitted after that date will be investigated.

(j) You acknowledge and agree that Reddy Go may store your nominated credit or debit card information with a third party provider of payment gateway services.

(k) You acknowledge and agree that Reddy Go may at any time:

(i) reduce or increase the number of Cycle Credits required for each Period of Use;

(ii) reduce or increase the cost for purchase of Cycle Credits; and

(iii) reduce or increase the minimum number of Cycle Credits required to use the Cycle Service.

6. Refundable Membership Fee

(a) As part of the registration process, You will be required to pay a Refundable Membership Fee to Reddy Go until a refund is requested by You in writing.

(b) Provided no event has occurred that results in Reddy Go retaining your Refundable Membership Fee, the Refundable Membership Fee will be refunded to you upon request in writing within 14 days provided all Cycles used by you have been Returned.

(c) If your Refundable Membership Fee has been refunded or has been retained by Reddy Go pursuant to these terms, you will not be able to use the Cycle Service unless another Refundable Membership Fee is provided.

(d) Where:

(i) a Cycle used by you has not been Returned within the Maximum Period of Use;

(ii) you have deliberately, recklessly, or negligently caused significant damage a Cycle; or

(iii) your Cycle Score becomes zero or lower,

you agree that the Refundable Membership Fee paid by you may be retained in full by Reddy Go.

7. Cycle Score

(a) Upon registration with Reddy Go, you will be allocated a Cycle Score, points towards your Cycle Score can be accumulated by carrying out Bonus Behaviours.

(b) Points will be deducted from you Cycle Score for Misconducts at varying levels.

8. Cycle Access

(a) The location of all available Cycles will be displayed on the map screen on the Reddy Go Application.

(b) You may select an available Cycle through the Reddy Go Application and reserve that Cycle for up to 15 minutes to allow you time to reach the Cycle’s location. If you do not reach the reserved Cycle within 15 minutes, it will become visible to other Registered Users and may be reserved for use by other Registered Users.

(c) Before unlocking a Cycle for use, you must inspect the Cycle to ensure that it is roadworthy. This includes inspecting the tyres, frame and saddle, and testing the brakes and bell.

(d) If, following your inspection, You are satisfied that the Cycle is roadworthy, You can unlock the smart lock by scanning the QR Code that is linked to your account.

(e) If you identify that any component of the Cycle is not working correctly, You must not unlock the Cycle but rather must report the issue to Reddy Go by sending a message to Reddy Go through the Reddy Go Application’s “feedback” option and confirming the location of the Cycle and the Cycle’s serial number (which is located on the Cycle’s frame).

9. Returning the Cycle

(a) When you have finished using the Cycle, You must Return the Cycle by:

(i) securely locking the smart lock and leaving the Cycle in an Authorised Area;

(ii) ensuring that the Cycle is left in the same condition as when you started using it part from normal fair wear and tear; and

(iii) ensuring that if you found the Cycle with a helmet in the basket, that the helmet is placed back in the basket.

(b) You acknowledge that if you fail to return the Cycle to an Authorised Area, you will be liable for all costs and expenses involved for returning the Cycle to an Authorised Area regardless of whether your Period of Use has ended or whether you have advised Reddy Go of the Cycle’s location.

(c) You acknowledge that Reddy Go will not be responsible for any property left in the Cycle’s basket. You are required to take full responsibility to ensure that you have removed all of your personal property from the Cycle basket at the end of each Period of Use.

10. Your Acknowledgments and Obligations

(a) You acknowledge and agree that:

(i) You are experienced and familiar with the safe operation of a bicycle and are not relying on the Service to learn to ride a bicycle;

(ii) You are familiar with all relevant road rules pertaining to the use and operation of bicycles on the roads in the state in which you use the Cycle Service and will comply with all relevant road laws, rules and regulations in force at the time You are using the Cycle Service (including, but not limited to, observing traffic lights and signs and refraining from riding on the footpath);

(iii) You are required by law to wear an securely fitted and fastened bicycle helmet when riding a bicycle and that penalties apply to you if you do not comply with the law;

(iv) You are responsible for obtaining and using a helmet and protective gear when using the Service and will wear a bicycle helmet that complies with relevant and current Australian safety standards (presently AS/NZS 2063:2008) and also wear suitable clothing at all times when using a Cycle;

(v) You will, before unlocking the Cycle, check that the Cycle (including without limitation the tyres, brakes, saddle and bell) is roadworthy

(vi) You will return the Cycle in accordance with clause 9; and

(vii) You will appropriately use and care for the Cycle when it is in your possession.

(b) You agree that you will not:

(i) use the Cycle Service in a way that is contrary to any applicable New South Wales road laws, rules and regulations;

(ii) use a Cycle in any way that endangers You or any other person, including transporting a passenger in any way whatsoever;

(iii) use a Cycle on terrain or in conditions which are likely to damage the bicycle;

(iv) drink alcohol or take drugs prohibited by law, or any other substance that would impair Your ability to operate a Cycle safely, while riding a Cycle;

(v) use any lock on the Cycles other than the smart lock attached to a Cycle;

(vi) tamper with, dismantle or attempt to dismantle a Cycle;

(vii) ride a Cycle if it has any defect or is in need of repair or if any component becomes defective or is otherwise unsafe;

(viii) exceed the maximum load that can be carried by a Cycle being 120 kg for a Cycle or 4 kg for the basket;

(ix) allow any other person to use the Cycle;

(x) remove or modify any accessories, parts or components of a Cycle;

(xi) leave a Cycle unattended during a Period of Use;

(xii) use a Cycle to operate a courier service;

(xiii) use a Cycle in any organised race event;

(xiv) give, lend or sell the Cycle to any person;

(xv) damage, deface or vandalise the Cycle; or

(xvi) carry dangerous, hazardous or flammable substances that can cause damage to You, damage to the Cycle or is prohibited by Law.

11. Network Access

(a) The Reddy Go Application requires internet access for you to access the Cycle Service.

(b) You acknowledge and agree that:

(i) You are responsible for ensuring that you have sufficient data access to use the Cycle Service;

(ii) Your mobile network may apply charges if you use the Reddy Go Application from a wireless device;

(iii) You are responsible for ensuring that your mobile device or computer is compatible with the Reddy Go Application; and

(iv) the Reddy Go Application may be subject to delays or malfunctions as can be reasonably expected with day to day use of electronic applications or communications.

12. Maintenance

(a) Reddy Go will use its best endeavours to repair Cycle’s that are reported as damaged or in need of repair.

(b) You can report a fault or damage to a Cycle by selecting the [insert] button on the Reddy Go Application.

(c) You acknowledge and agree that Reddy Go is not under an obligation to ensure that all available Cycles are in working order or without fault

13. Unauthorised Users

(a) You acknowledge and agree that:

(i) only you, as account holder and Registered User, may ride a Cycle reserved or unlocked by You; and

(ii) any actions of any other person riding a Cycle released by You which incurs liability to Reddy Go pursuant to this Agreement, will be wholly borne by you.

(b) If you, or any other person authorised by you, are in possession of a Cycle without the consent of Reddy Go, or you or the other person remain in possession of the Cycle following the Maximum Period of Use, Reddy Go may charge you:

(i) the Cycle Credits for the time that You or any other person remains in possession of the Cycle;

(ii) administration fees as reasonably incurred by Reddy Go, including but not limited to attempts to contact You; and

(iii) any fees payable by Reddy Go to recover the Cycle including but not limited to legal costs on an indemnity basis, court costs, police costs, reasonable loss of utilisation costs, sheriff costs, debt recovery costs and cost for the replacement of the Cycle if it cannot be recovered.

(c) You agree that Reddy Go may retain your Refundable Membership Fee as contribution towards the above costs.

14. Bike Damage and Recovery

(a) In the event of an accident associated with a Cycle used by You or where the Cycle sustains damage while it is in your possession, you must:

(i) immediately, or if that is not possible then as soon as reasonably practicable, report the damage to Reddy Go through the Reddy Go Application;

(ii) report any injury to any person caused by the Cycle in your possession and provide Reddy Go with the police reference number given to you when you reported the injury;

(iii) report any loss or damage to third party property associated with your possession of the Cycle and if the police attended the incident, the police reference number given to you;:

(iv) not attempt to repair the Cycle or any part thereof; and

(v) take all measures that a reasonable person would take in the event of an accident.

(b) You agree that you will complete any forms reasonably required by Reddy Go in the event of an accident.

(c) You undertake and agree to fully co-operate with Reddy Go and any third party as required by Reddy Go in relation to any investigation or legal proceedings associated with an accident or damage sustained which a Cycle was in your possession, in connection with a Cycle associated with a Period of Use by you (whether or not such Cycle was in your possession during Your Period of Use)

(d) You acknowledge and agree that if you fail to comply with any of your obligations under clauses 14(a) to (c), you will be liable for all fees and charges and other costs associated with the accident and damage including, but not limited to, debt recovery costs and legal costs.

(e) In the event that a Cycle in your possession is stolen, you must immediately contact the police, and as reasonably practicable inform Reddy Go and provide the police reference number.

15. Termination

(a) You may terminate this agreement and close your account with Reddy Go at any time.

(b) Reddy Go may immediately terminate this agreement by notice in writing to you if it reasonably believes that you have breached a term of this agreement.

(c)If this agreement is terminated by Reddy Go then your account as a Registered User will also be immediately closed and you will forfeit any Cycle Credits registered to Your account.

16. Monitoring

(a) All Cycles are equipped with on-board global positioning and monitoring system.

(b)You acknowledge that Reddy Go may monitor your usage and location of its Cycles via its on-board positioning and monitoring system. The usage information gathered by Reddy Go will be stored and used in accordance with the Reddy Go Privacy Policy.

17. Service Limitations

(a) Sometimes all or part of the Cycle Service may be unable to operate for reasons beyond the control of Reddy Go.

(b) During certain periods the Cycle Service may be heavily used and Reddy Go cannot guarantee that Cycles will be available for reservation or use.

(c) You acknowledge that Reddy Go may at any time suspend all or part of the Cycle Service, reduce the number of Cycles available, suspend the use of Cycles during adverse weather conditions or if so required by law.

(d) Reddy Go does not guarantee that Cycles will be available for use at any location at any time.

(e) You acknowledge and agree that Reddy Go will not be liable to you for any claim, liability, loss, damage, costs or expenses, whether direct, indirect or consequential, if Reddy Go is unable to provide you with a Cycle or cancels a reservation.

18. Assignment

(a) You acknowledge and agree that you are not permitted to assign or licence your rights and/or obligations under this Agreement.

(b) You agree that Reddy Go may assign its rights and/or obligations under this Agreement to any person, on such terms as Reddy Go sees fit in its sole discretion by notifying you of such assignment in writing.

19. Waiver, release and indemnity

(a) You acknowledge that there are dangers and risks inherent with riding the Cycles (Activity) to which You may be exposed by subscribing to the Cycle Service and participating in the Activity.

(b) You agree that You are participating in the Activity at your own risk and You voluntarily assume responsibility for any injury, death or property damage You may suffer or cause as a result of your participation in the Activity.

(c) You agree that You are using the Service on the express condition that Reddy Go:

(i) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to You which may happen as a result of your use of the Cycle Service; and

(ii) will not incur or be under any liability whatsoever to You for any loss, damage or injury to or in respect of any of your property,

except as occasioned by the negligent acts or omissions or default of the Indemnified Persons.

(d) Reddy Go is not liable to You in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.

(e) You undertake and agree to indemnify Reddy Go against any liability, loss, damage, costs and expenses (including legal costs on an indemnity basis) as a result of or in connection with any breaches by you of this agreement.

(f) You acknowledge that Reddy Go may call on the Refundable Membership Fee without notice to you to meet any monies owed by you to Reddy Go howsoever arising. If Reddy Go calls on your Refundable Membership Fee you may be required to replace the used portion of the Refundable Membership Fee before accessing the Reddy Go Service.

20. No Waiver

Reddy Go's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any of its rights under this Agreement.

21. Variation

(a)Reddy Go may vary these terms without consulting you. Any variations to these terms will be published on the Reddy Go Application, and can be requested from Reddy Go sending an email to CS@reddygo.com.au.

22. General

(a) The rights and obligations of both you and Reddy Go shall continue in full force and effect until the rights and obligations created under this Agreement elapse by the effluxion of time or are determined by mutual agreement.

(b) All notices, demands and other communications for the purposes of this Agreement shall be in writing. Such notice, if delivered personally, by email or sent by post, shall be deemed received on that day or if delivered by other means, after two (2) business days of sending.

(c) Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(d) Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(e) If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(f) No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

(g) This Agreement shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

23. Reddy Go Contact Information

Reddy Go Pty Ltd

Email: CS@reddygo.com.au