Terms of service

Terms and Conditions

These Terms are entered into between Jot Mobility Pty Ltd ABN 62 635 055 882 (we, us or our) and you, the person, who requests the Bike and Hire Services through our site, available at www.jotbikes.com.au (Site). Together, we are the “Parties”, and each is a “Party”.

  1. Acceptance and Term

    1. You accept these Terms by the earlier of:

      1. confirming that you accept these Terms through our Site;

      2. completing and sending the Form through our Site; 

      3. confirming by email that you accept these Terms;

      4. instructing us (whether orally or in writing) to proceed with the provision of the Bike and Hire Services; and

      5. paying any part of the relevant Fee. 

    2. We may, at our absolute discretion, accept or reject any request to provide the Bike and Hire Services for whatever reason and we will have no obligation to provide the Bike and Hire Services to you (including if we cannot charge your chosen payment method). We will notify you of a rejection within a reasonable time of your acceptance of these Terms.

    3. If you are purchasing the Bike, these Terms will commence on the Commencement Date until the date we have supplied the Bike to you (as reasonably determined by us), unless these Terms are terminated earlier.

    4. If you are engaging us for the Hire Services, these Terms will commence on the Commencement Date and end on the later of the date the Bike is returned to us in accordance with these Terms or the expiry of the Hire Period, unless these Terms are terminated earlier. 

  2. Our obligations

    1. In consideration of you paying the relevant Fee and complying with these Terms, we agree to supply the Bike and Hire Services in accordance with these Terms.

    2. We will have no obligation to provide the Bike and Hire Services to you until we have received the payment of: 

      1. for the purchase of the Bike, the Purchase Fee in full; and

      2. for the Hire Services, the Bond in full.

    3. If these Terms express a time within which the Bike and Hire Services are to be provided, you agree that such a time is an estimate only, and creates no obligation on us to provide the Bike and Hire Services by that time.

  3. Your general obligations

    1. You agree to: 

      1. comply with these Terms, our reasonable requests or requirements (including as to 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 these Terms and at law.

    2. You warrant and agree that:

      1. there are no legal restrictions preventing you from entering into these Terms;

      2. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

      3. you have not relied on any representations or warranties made by us in relation to the Bike and Hire Services (including as to whether the Bike and Hire Services are fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

    3. You agree to pay us:

for the purchase of the Bike:

  1. the Purchase Fee;

for the Hire Services:

  1. the Hire Fee;

  2. the Bond;

  3. the Joining Fee; 

  4. the Early Return Fee (if applicable);

for the Damage/Theft Waiver:

  1. the Damage/Theft Waiver Fee (if applicable);

and

  1. any other amount payable to us under these Terms, 

in accordance with the Payment Terms.

  1. If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

  1. immediately cease providing the Bike and Hire Services and, if applicable, 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 you agree to pay our additional costs of doing so; 

  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; and/or

  3. engage debt collection services for the collection of unpaid and undisputed debts for any outstanding amounts owed to us, and you agree to pay our additional costs of doing so.  

  1. Collection of Bike

    1. You will have the ability to choose a Collection Time using the Form on our Site. 

    2. You agree to collect the Bike from us from the Location and on the Collection Time.  You agree to notify us if you need to change the Collection Time and the Parties will mutually agree on a new Collection Time.

    3. For the Hire Services, you agree that despite any delay in collecting the Bike, or change in the Collection Time, your obligation to pay the full Hire Fee from the original Collection Time will remain.

  2. Hire Services

This clause 5 will apply only if you are engaging us for the Hire Services.

Bond

    1. We will hold the Bond until the Bike is returned to us.

    2. We may use the Bond to satisfy any obligations or liabilities owed by you under these Terms (including payment of any amounts due under these Terms).

    3. Subject to your compliance with these Terms, we will refund you the balance (if any) of the Bond within 10 days after you return the Bike, in accordance with these Terms.

Original 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. By signing the Original Condition Report, you agree that the Bike has been supplied in good condition, clean, free from damage or defect, fit for purpose and in accordance with these Terms (Original Condition), unless expressly set out in the Original Condition Report, in which case the condition set out in the Original Condition Report will be deemed to be the Original Condition.

Warranties

  1. You warrant and agree that:

    1. the Bike may only be used by you; 

    2. you will not use the Bike, or allow the Bike to be used, in breach of any laws (including any laws regarding safety, including, but not limited to, any laws on the use of a helmet, or permitted locations to use the Bike); 

    3. 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; 

    4. you will not use the Bike on any off-road locations;

    5. you will use the Bike safely and not partake in reckless behaviour while using the Bike (including, but not limited to, using the Bike in heavy rain or using the Bike in a state that may restrain or impair your ability to use the Bike safely and in accordance with any laws);

    6. you will not make any modifications to the Bike; 

    7. you will immediately discontinue the use of the Bike if it is unsafe to use the Bike, including due to any technical or mechanical error or default; 

    8. you will always use the lock, provided together with the Bike, to lock the Bike while the Bike is not in use. You agree to follow all of our instructions as to the use of the lock, at all times; and

    9. you agree to the terms of the waiver set out in Annexure 1. 

Additional Accessories 

    1. You may request additional accessories, by providing written notice (including by email) to us. We may, in our absolute discretion and subject to clause 5.8, provide you with the requested additional accessories, in which case those additional accessories will form part of the Bike provided under these Terms.

    2. We may request you to pay the costs of providing any additional accessories, or amend the Hire Fee, and you agree to pay us for such costs or you agree to pay us the amended Hire Fee in the next billing cycle.

Maintenance

    1. 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; and

      4. contact us immediately if there are any technical or mechanical issues with the Bike.

    2. You agree that you are responsible for the costs of any repairs or replacement to or of the Bike that are necessary as result of loss, theft, damage, vandalism, misuse or neglect to the Bike.  

    3. Where we undertake the repairs or replacement on your behalf, you agree to pay us the costs of the repairs or replacement. For the avoidance of doubt, if the Bike is stolen, you will be responsible for paying us the then current market value of the Bike, taking into consideration the Original Condition.

    4. Notwithstanding clauses 5.10 and 5.11, if you pay the Damage/Theft Waiver Fee in accordance with the Payment Terms, then your responsibility for the costs of repair or replacement will be limited in accordance with the Damage/Theft Waiver.

    5. If the Bike is stolen, you agree to immediately notify the police and file a police report.

Servicing

    1. We agree to undertake service checks of the Bike as reasonably requested by you, at the times and dates agreed between the Parties, and you agree to do all things necessary to allow us to fulfil our obligations under this clause 5.13. 

    2. If, in our reasonable opinion, the Bike does not require a service check (due to a recent service check), or, you have requested a service check unreasonably (including, if you have requested a service check more than 2 times in one week), we will have no obligation to undertake the service check requested by you. If we agree to provide any such service check, this will be at an additional cost to you.

    3. You agree to schedule a service check at least once every month throughout the Hire Period. 

    4. You acknowledge and agree that a service check may be for the duration of 24 hours or more. We may, in our absolute discretion, provide you with the use of a replacement bike during any service check. 

Hire Period and Return of Bike 

    1. You agree to return the Bike to us in the Original Condition, at the Location and by the Return Time, or sooner, if requested by us on reasonable grounds (or as otherwise provided under these Terms). If the Bike is not returned within a reasonable time of the Return Time, we may report the Bike as stolen and you will be responsible for the Bike under clause 5.10.

    2. You agree to provide us (and our Personnel) with unfettered access to any premises where the Bike is located, free from harm or risk to health or safety:

      1. at the times and on the dates requested by us; and/or 

      2. to enable us to comply with our obligations under these Terms or at law, 

and you agree to pay us any additional costs that we may suffer or incur if you fail to do so.

    1. You agree that the minimum Hire Period is agreed upon at the commencement of the Bike hire.

    2. If you wish to return the Bike: 

      1. prior to the minimum Hire Period, you agree to pay the Early Return Fee, provide us with at least 7 days’ notice and schedule a time with us for the return of the Bike. You agree that the Early Return Fee is a genuine pre-estimate of loss, suffered or incurred by us, as a result of your termination of these Terms prior to the expiry of the minimum Hire Period; and

      2. prior to the expiry of the Hire Period, you agree to provide us with at least 7 days’ notice and schedule a time with us for the return of the Bike.

Option to Purchase 

    1. We will notify you of your option to purchase the Bike if:

      1. you have met the criteria notified by us to you;

      2. you have paid us the total Hire Fee due and payable for the Hire Period; and

      3. you have paid us any other amounts due and payable under these Terms.

    2. If we notify you of your option to purchase the Bike and you notify us in writing of your acceptance of the option to purchase the Bike:

      1. a separate contract is created between the Parties for your purchase of the Bike from us; and

      2. you agree to pay us any amounts due and payable in accordance with the Payment Terms, including, if applicable, the difference between the total Hire Fee paid and the Purchase Fee.

    3. You agree that if you purchase the Bike under clause 5.22:

      1. title in the Bike will pass to you on our receipt of any amounts due and payable under these Terms, in full, and on our issue of any relevant documentation to you;

      2. you purchase and accept the Bike “as is”, and we will not be liable for any damage, defect or any other Liability in the Bike after title in the Bike transfers from us to you; and

      3. risk in the Bike will remain with you, being from the date the Bike was collected from the Location.

  1. Title and Risk 

    1. Risk in the Bike will pass to you once you have collected the Bike from the Location.  

    2. For the Hire Services, you agree that once you have collected the Bike from the Location, you will be solely responsible for the Bike. We agree that risk in the Bike will be with us during any period where the Bike is in our full custody and control (including for service checks) and when it is returned to us in accordance with these Terms.

    3. Title in the Bike:

      1. for the purchase of the Bike, will pass on payment of the Bike in full in accordance with these Terms; and

      2. for the Hire Services, subject to clause 5.23, title in the Bike will remain with us, and you take the Bike as a bare bailee only.

  2. Security Interest

    1. You agree to not create an encumbrance, lien, charge or other interest on or over the Bike.

    2. You agree that we hold a general lien over the Bike, for the satisfactory performance of your obligations under these Terms.

    3. You agree that these Terms and your obligations under these Terms 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 these Terms) being registered on any relevant securities register (and you must do all things to enable us to do so).

  3. Liabilities

    1. Australian Consumer Law

      1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Bike and Hire Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

      2. If the Australian Consumer Law applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the Australian Consumer Law. You agree that our Liability for the Bike and Hire Services provided to an entity defined as a consumer under the Australian Consumer Law is governed solely by the Australian Consumer Law and these Terms.

      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. 

    2. Exclusions

Despite anything to the contrary (but subject to clause 8.5), 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 acts or omissions;

      2. any use or application of the Bike and Hire Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

      3. any works, services, goods, materials or items which do not form part of the Bike and Hire Services (as expressed in these Terms), or which have not been provided by us;

      4. the Bike and Hire Services being unavailable, or any delay in us providing the Bike and Hire Services to you, for whatever reason; and

      5. any event outside of our reasonable control.

    1. Limitations

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

      1. we will not be liable for Consequential Loss;

      2. a liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and

      3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Bike and Hire Services or, in our sole discretion, to us repaying you the amount of the Fee paid by you to us in respect of the Bike and Hire Services to which the Liability relates.

    1. Indemnity

Despite anything to the contrary (but subject to clause 8.5), to the maximum extent permitted by law, 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 while the Bike is in your custody or control or possession;

      2. any failure or delay to collect or return the Bike in accordance with these Terms; 

      3. any failure to return the Bike in its Original Condition;

      4. all Liabilities suffered or incurred by us in repossessing or recovering the Bike;

      5. your acts or omissions; or

      6. your breach of these Terms or any laws.

    1. Survival

This clause 8 will survive the termination or expiry of these Terms.

  1. Damage/Theft Waiver

    1. Your liability for loss, theft or damage of the Bike is capped at 25% of the current online retail cost of the bike you are using and you will receive a replacement Bike, provided you pay to us the Damage/Theft Waiver Fee for the duration of the Hire Period and have correctly locked the bike to a fixed object in the case of theft. 

    2. The amount of the Damage/Theft Waiver Fee will be calculated based on information that you have provided to us, including:

      1. the type of protection that you select under the Damage/Theft Waiver (whether damage only, loss or theft only or both damage and loss/theft); and 

      2. any other relevant risk factors associated with your use of the Bike during the Hire Period. 

    3. We will advise you of the amount of the Damage/Theft Waiver Fee in writing before the commencement of these Terms or at the time you elect to purchase the Damage/Theft Waiver. We may vary the amount of the Damage/Theft Waiver Fee from time to time during the Hire Period by giving you 14 days prior notice. 

    4. The Damage/Theft Waiver will not commence until we have received your agreement to pay the Damage/Theft Waiver Fee during the Hire Period and the first payment of the Damage/Theft Waiver Fee. The Damage/Theft Waiver will cease immediately if you fail to pay the Damage/Theft Waiver Fee at any time during the Hire Period or when the Hire Period ends (whichever occurs earlier).

    5. The Damage/Theft Waiver is not insurance and we are not insurers. No protection is provided for any loss, liability, damage or injury caused to property or person arising from or in the course of the use of the Bike by you or anyone else.

    6. If you do not choose to be covered under the Damage/Theft Waiver, you will be liable for the full repair and replacement costs and any other associated expenses or costs incurred by us as a result of the loss, theft or destruction of the Bike in accordance with these Terms.

  2. Termination

    1. We may, at any time throughout the Hire Period, terminate these Terms and request that the Bike be returned to us.  If you do not return the Bike to us upon our request, we may take steps to recover and repossess the Bike as set out in clause 9.3.

    2. These Terms will terminate immediately upon written notice by:

  1. us, if: 

    1. you breach any provision of these Terms 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 these Terms, and that breach has not been remedied within 10 Business Days of being notified by you.

    1. Upon expiry or termination of these Terms:

    1. we will cease providing the Bike and Hire Services to you;

    2. you are to pay for any Hire Fee due and payable prior to termination, and all other amounts due and payable under these Terms, including the Early Return Fee (if applicable);

    3. pursuant to clause 9.2(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, in accordance with clause 5.18, to any premises where the Bike is located to allow us (or our Personnel) to immediately recover or repossess the Bike.

    1. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

    2. This clause 9 will survive the termination or expiry of these Terms.

  1. General

    1. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to requesting the Bike and Hire Services, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any provision of Bike and Hire Services that has been accepted by you (and not rejected by us), the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you requested the Bike and Hire Services.

    2. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

    3. GST: If and when applicable, GST payable on the Bike and Hire Services will be set out in our Site. You agree to pay the GST amount at the same time as you pay the relevant Fee. 

    4. Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

    5. Entire agreement: These Terms contain the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

    6. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

    7. Intellectual Property: You agree that all intellectual property (including copyright) developed, adapted, modified or created by us or our Personnel, including but not limited to any materials we provide to you (including in connection with these Terms and the Bike) will at all times vest, or remain vested, in us.

    8. Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

    9. Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

    10. Severance: If a provision of these Terms 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 these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

  2. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in these Terms and:

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

Bike means the bike and any accessories being purchased or hired under these Terms, the particulars of which are set out in the Form, and if applicable, includes any additional accessories we agree to provide to you during the Hire Period under clause 5.7.

Bond means the bond payable by you for the Hire Services, the amount being as set out on the Site.

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

Collection Time means the date and time, agreed between the Parties, for the collection of the Bike, and may be particularised in the Form.

Commencement Date means the date these Terms are accepted in accordance with clause 1.1.

Consequential Loss includes any consequential loss, indirect loss 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.

Early Return Fee means the fee payable by you if, under the Hire Services, you wish to return the Bike prior to the 4-week minimum Hire Period.

Damage/Theft Waiver means the release given by us in accordance with clause 9, to you, for your liability in excess of 25% of the current online retail cost of the bike you are using that applies in the event of either or both of the following (as nominated by you):

    1. theft or loss of the Bike; or 

    2. damage to the Bike.

Damage/Theft Waiver Fee means the amount notified by us, to you, payable on a weekly basis.

Fee means the Purchase Fee and Hire Fee.

Form means the form completed by you on our Site in order to purchase the Bike or obtain the Hire Services.

Hire Fee means the fee payable by you for the Hire Services, as set out on our Site.

Hire Period means the period for the Hire Services, as selected by you on the Form, or as otherwise agreed between the Parties.

Hire Services means the hiring out of the Bike under these Terms for the Hire Period, and may include service or support, as further particularised in the Site.

Joining Fee means the one-off joining fee payable for the Hire Services.

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 these Terms or otherwise.

Location means the location, agreed between the Parties, for the collection and return of the Bike.

Original Condition has the meaning given in clause 5.5.

Original Condition Report means the report detailing the condition of the Bike.

Payment Terms means:

    1. for the purchase of the Bike, the Purchase Fee is due and payable upfront prior to collection of the Bike;

    2. for the Hire Services, the Bond is due and payable upfront prior to collection of the Bike;

    3. for the Hire Services, the Hire Fee is due weekly in advance throughout the Hire Period, the first of which is due prior to collection of the Bike;

    4. for any other amounts due and payable under these Terms, on the date set out in our invoice; 

with such amounts being payable via Stripe, credit card or debit card on our Site.

Personnel means, any of our employees, consultants, suppliers, subcontractors or agents.

Purchase Fee means the fee payable by you for the purchase of the Bike, as set out on our Site.

Return Time means the date and time, agreed between the Parties, for the return of the Bike.

Statutory Rights has the meaning given in clause 8.1(a).

Terms means these terms and conditions and any documents, attached to, or referred to, in it.

  1. Interpretation

In these Terms, unless the context otherwise requires: 

  1. a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

  2. a reference to “Bike and Hire Services” or “Bike or Hire Services” includes “Bike and/or Hire Services”;

  3. a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

  4. a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

  5. no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

  6. a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

  7. a reference to a covenant, obligation or Terms of two or more persons binds or benefits them jointly and severally;

  8. a reference to time is to local time in New South Wales; and 

  9. a reference to $ or dollars refers to the currency of Australia from time to time.

 

For any questions and notices, please contact us at:

Jot Mobility Pty Ltd ABN 62 635 055 882

Email: support@jotbikes.com.au

 

ANNEXURE 1 – WAIVER 

SECURITY CONDITIONS

The following security conditions apply to this policy. If you fail to comply with these security conditions we may reduce or deny any claim you make in
respect of theft or any attempted theft.

While at your home:

  • You must ensure that when your bicycle is kept inside your home, that your home is securely locked whenever it is unoccupied.
  • If your bicycle is left in a garage or storage area attached to your home which can be directly accessed via an external door and/or window, these doors and/or windows must be locked.
  • We will not pay any claim for theft of your bicycle if either the bicycle itself is not locked by an approved lock to an immovable object or, if any external door and/or window is not locked (or securely latched if the window is not lockable) at the time of the theft/attempted theft.
  • If your bicycle is left in an outbuilding on your property (such as a garage or a shed not attached to your home), it must be fully enclosed (i.e. with walls and a roof). The walls and doors must be of robust and secure construction and the doors and windows must be securely locked. The bicycle must not be visible from the outside. For the sake of clarity, D.I.Y assembly garden sheds are not regarded as robust and secure constructions under this policy.
  • Under all other circumstances, if your bicycle is left outside anywhere on your site, it must at all times be securely locked through the frame of your bicycle to an immovable object by an approved lock.

 

While parked or kept in or on any common property or any publicly accessible area in a building:

  • The bicycle must be securely locked through the frame of the bicycle to an immovable object by an approved lock.
  • If you are storing your bicycle for more than 24 consecutive hours on common property or public property that is not at the address noted on your Insurance Certificate, your bicycle is not covered for theft or damage caused by attempted theft, unless you have advised us and we have agreed in writing to extend cover.


Away from your home:

  • If your bicycle is left unattended while away from your home it must be securely locked through the frame of the bicycle to an immovable object by an approved lock.
  • Unattended means whenever your entire bicycle is out of your direct line of sight or more than five (5) metres away from you
  • An unattended bike voids theft waiver.

 

RISK WARNING

PARTICIPATING IN THE ACTIVITIES MAY EXPOSE YOU TO THE RISK OF DEATH, PHYSICAL HARM, PERSONAL INJURY, PSYCHOLOGICAL AND EMOTIONAL HARM, PHYSICAL EXERTION, SERIOUS INJURY, DISEASE, ILLNESS AND/OR LOSS OR DAMAGE TO YOUR PROPERTY. THE RISK OF DEATH, PHYSICAL HARM, PERSONAL INJURY, PSYCHOLOGICAL AND EMOTIONAL HARM, PHYSICAL EXERTION OR SERIOUS INJURY, DISEASE, ILLNESS AND/OR LOSS OR DAMAGE TO YOUR PROPERTY MAY ARISE FROM, BUT IS NOT LIMITED TO:

  • THIRD PARTY ACTS OR OMISSIONS;

  • YOUR PHYSICAL FITNESS LEVEL;

  • PRE-EXISTING HEALTH CONDITIONS;

  • ADVERSE WEATHER CONDITIONS; OR

  • EQUIPMENT.

 

YOU ACKNOWLEDGE AND AGREE THAT DEATH, PHYSICAL HARM, PERSONAL INJURY, PSYCHOLOGICAL AND EMOTIONAL HARM, PHYSICAL EXERTION, SERIOUS INJURY, DISEASE, ILLNESS OR LOSS OF OR DAMAGE TO YOUR PERSONAL PROPERTY MAY ARISE FROM YOU OR ANOTHER PARTY’S ACTS, OMISSIONS OR NEGLIGENCE. YOU HAVE READ THIS RISK WARNING AND YOU ARE AWARE OF AND VOLUNTARILY ACCEPT ANY RISK THAT MAY ARISE FROM YOUR PARTICIPATION IN THE ACTIVITIES.

These terms and conditions (Waiver Terms) forms part of the agreement entered into between the individual named under the Terms, to participate in the Activities and Jot Mobility Pty Ltd ABN 62 635 055 882 (we, us or our), for the provision of the Activities.

  1. Recreational activities

  1. If you have undertaken to participate in the Activity for the purposes of any sport or recreation, enjoyment or leisure, the participation in the Activity will be considered a Recreational Activity and this clause will apply to you.

  2. By participating in the Activity, you agree that you have read the risk warning at the start of the Waiver Terms and you are aware that participating in the Activity may be a Recreational Activity and that it can be dangerous. You accept that there is a degree of risk and you acknowledge that by participating in the Activity you do so at your own risk. You agree to the following provisions:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW (NSW), CIVIL LIABILITY ACT 2002 (NSW)

By participating in the Activities, you agree to release us and any of our affiliates and all parties associated with organising the Activity from any responsibility or legal liability for death or personal injury associated with your participation in the Activity. This release does not apply to significant personal injury caused by reckless conduct by us.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW (VIC) AND FAIR TRADING ACT 2012 (VIC)

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that any recreational services we supply to you–

  1. are rendered with due care and skill; and

  2. are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

  3. might reasonably be expected to achieve any result you have made known to us.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to these Waiver Terms, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on our part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW (CTH) 

Under the Australian Consumer Law (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you–

  1. are rendered with due care and skill; and

  2. are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

  3. might reasonably be expected to achieve any result you have made known to us.

By participating in the Activity, you agree to accept, to the extent permitted by law:

  1. that we can ask you to limit these guarantees; and

  2. you agree to exclude any of our responsibility or legal liability to you for death or personal injury from our failure to comply with these guarantees.

NOTE: This exclusion does not apply to significant personal injury caused by reckless conduct by us.

By participating in the Activity, you agree to release us and any affiliates and all parties associated with organising the Activity from any responsibility or legal liability for death or personal injury associated with your participation in the Activity. This release does not apply to significant personal injury caused by reckless conduct by us.

  1. Release and indemnity 

Despite any provision to the contrary, to the maximum extent permitted by law:

  1. you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;

  2. you agree that these Waiver Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Waiver Terms;

  3. you hereby indemnify, forever discharge and voluntarily release us, against any and all loss, cost, damage, expense, liability (including liability for negligence and the negligence of others) claims, demands and proceedings of any kind arising from or connected with these Waiver Terms, your participation in the Activity, whether those claims were known, or capable of being known, at the date of these Waiver Terms; and

  4. this clause 2 will survive termination of these Terms. 

  1. Warranties

You represent and warrant that:

  1. you have no known physical or medical conditions that prevent you from participating in the Activity;

  2. you are responsible for obtaining any consents and permissions from other parties (such as medical practitioners) necessary to participate in an Activity, at your cost, and for providing us with the necessary consents and permissions which we may require; and

  3. you will not participate in an Activity if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of others during the Activity.

  1. General 

Activity: For the purposes of these Waiver Terms, activity means the use of the Bike as part of the Hire Services (as defined under the Terms).

Obligations under the Terms: Nothing in these Waiver Terms reduce the Parties’ obligations under the Terms and all clauses in the Terms will continue to apply and will apply to these Waiver Terms.

Legal effect: These Waiver Terms are entered into and becomes a binding part of the Terms with the effective date being the date you accept the Terms and/or these Waiver Terms.