Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMER CAREFULLY.
If you do not agree to these terms you may not use our products and services or website (“Site”).
By using Livelo’s hire bikes, equipment and services you agree to these TERMS and CONDITIONS of use.
Bike Hire and Group Ride Schedule
1.0 All persons ('Hirers') must accept Livelo's DEED OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK (‘DEED’) before the use of any Livelo PTY LTD ('Livelo') bike and equipment hire or associated products and services ('Hire').
1.1 Livelo reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times (Arrangements) for a bike and equipment Hire and or Group Ride without notice, for reasons of safety. However, reasonable endeavours will be made to maintain Arrangements as advertised.
1.2 Livelo may take a holding deposit. All hirers authorise Livelo to take the following holding deposits from the hirers nominated credit card at the commencement of the hire period. All holding deposits are fully refunded at the completion of the hire period subject to return of equipment in same condition. Roadbike deposit $200
1.3 All hirers authorise Livelo to charge the nominated credit card to recover costs associated with the loss, theft, or damage of hired equipment at current Australian recommended retail prices. Hirers take full responsibility for all bikes and equipment, riders and third parties associated with their booking.
2. Check-in and delivery for the Bike Hire
2.1 All Hirers are required to arrive and ‘check-in’ at Livelo’s premises at least 15 minutes prior to the stated Hire time as per the Hirers booking confirmation (“Proof of Purchase”). Arrival after this time may result in delays, rescheduling or cancellation of Hire at Livelo’s discretion, without refund. All reasonable efforts will be made to ensure the Hirer satisfies their booking conditions. In the event the Hirer is unable to take delivery of the bike and equipment as arranged then Livelo shall be entitled to charge for the Hire.
2.2 Deliveries will be made to the relevant nominated hotel concierge desk which shall be deemed to be delivery to the Hirer. The Hirer must collect the Hire bike and equipment 10 minutes prior to the stated Hire time as per the Hirers booking confirmation. The Hire bike and equipment must be returned to the hotel concierge desk within 10 minutes following the conclusion of the stated Hire period. Livelo reserves the right to charge a fee as a result of any delay in return of Hire equipment (minimum fee is equivalent to 1 hours Hire of relevant bike and equipment).
2.3 Livelo shall not be liable for any loss or damage whatever due to the failure by Livelo to deliver the bike and equipment (or any of them) promptly or at all.
3. Requirements to participate
3.1 Hirers must be able to reference a Proof of Purchase and provide photo I.D (Australian Drivers License, Current Country of Origin Passport). Hirers must be 18 years of age or over, be of sound mind and be in good health.
3.2 Some bike manufactures warranties stipulate maximum weight limits for their bikes and equipment. Hirer’s body weight must be below stated manufacturer limits. Hirers may be required to undergo an assessment as to whether they are a capable and competent road bike rider and whether they are capable of riding a road bike on Australian roads and in an urban environment.
3.3 All Hirers will be required to sign a DEED OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK (‘DEED’) Form. The DEED must be read, acknowledged and agreed to, and signed by the customer before any hire services can be undertaken.
By using Livelo’s hire bikes, equipment and services you agree to the DEED.
3.4 The Hirer enters Livelo’s premises and participates in a Hire at their own risk. Smoking is not permitted on Livelo’s premises or during rides.
3.5 All risk for the Hire equipment passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safekeeping of the Hire equipment and indemnifies Livelo for all loss theft or damage to the Hire equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Hirer. The Hirer accepts full responsibility for and shall keep Livelo indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Hire equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.
4. Livelo’s ability to refuse participation
4.1 Livelo may refuse any person participation in a Hire, at Livelo’s absolute discretion, whether or not that person has previously purchased a Hire. Livelo will reimburse the price paid for a Hire if a person is refused participation in a Hire for any reason other than as set out above or other than by reason of breach of a clause contain in the DEED. Failure to agree to the TERMS AND CONDITIONS or the DEED will also result cancellation and refund of purchased hire.
5. Hirer’s responsibilities
5.1 Hirer must:
(i) satisfy itself at delivery that the Hire equipment is suitable for its purposes;
(ii) operate the Hire equipment safely, only for its intended use, and strictly in accordance with the road code or any other applicable laws, and using all relevant safety gear, and in accordance with any instructions whether advised by Livelo or supplied with the Hire equipment. Bike helmets are mandatory; If a Hirer does not have their own Australian approved Helmet, Livelo will supply the Hirer with a helmet for use during a Hire.
(iii) not use headphones, cameras, phones, portal music devices, or pagers while riding the Hire equipment;
(iv) comply with all occupational health and safety laws relating to the Hire equipment and its operation;
(v) keep the Hire equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Hire equipment;
(vi) not alter or make any additions to the Hire equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Hire equipment or in any other manner interfere with the Hire equipment; (vii) notify Livelo immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Hirer is not absolved from the requirements to safeguard the Hire equipment by giving such notification;
(viii) on termination of the Hire, the Hirer shall return the Hire equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted;
(ix) obey the directions and instructions of Livelo’s employees, and must not act disruptively or disturb other Hirers or interfere with a Livelo employee’s ability to conduct any part of the Hire process in a safe and secure manner.
6.1 Site graphics, design, text are copyright Livelo PTY LTD. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of placing an order with Livelo.com.au or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Livelo is prohibited.
6.2 Livelo and its authorised sub-contractors have the authority to create, use and reproduce any photograph taken of the Hirer for any purpose including display and purchase by or on behalf of Hirers, without prior notice or payment of compensation to Hirer.
7. Terms of payment
7.1 All prices on the Site are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
7.2 The purchase of a Hire is non-transferable and specific to a particular Hire service and/or product as stated in the Proof of Purchase. Hires and Gift Certificates, rights or entitlements to Hires and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without Livelo’s prior written permission. If Livelo reasonably believes that these activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Hire, without payment of any compensation.
7.3 Hire times reserved can only be changed up to 24 hours before the original Hire date, and changed only by time or date to another available time or date. Reduction in the type of equipment or the start time or duration of the hire period or changes to the identity of Hirers is not permitted. Livelo reserves the right to charge a booking fee on the purchase of Hires and Gift Certificates and the right to charge an administration fee should purchases be changed where permitted by Livelo.
7.4 All Hires must be paid for at the time of making the reservation unless otherwise agreed by Livelo in advance.
7.5 Livelo may charge your credit card for any products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card for payment of all fees. All fees will be billed to the credit card you designate during the registration process. Livelo accepts Visa, Mastercard, American Express and Apple Pay. Credit card transactions are processed through eWay, a highly respected and secure payment gateway. If at any time Livelo is unable to process your credit card for payment, Livelo reserves the right to charge you for any applicable default charges and/or cancel your account if payment cannot be obtained and seek recovery of any outstanding amounts due by you in accordance with applicable law.
8. Cancellation and refunds
8.1 Hires will not proceed if Livelo decides in its absolute discretion, whether for safety reasons or any other reason, to cancel a Hire at any time.
8.2 Should a Hire not proceed then Livelo reserves the right to re-schedule the Hire at the Hirer’s convenience, issue a refund voucher to the Hirer in the case of purchases bought through a third party reselling Hires (“Reseller”), or reimburse the Hirer the price paid for a Hire, but otherwise Livelo shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of a Hire. In the case of purchases bought through a Reseller, that Reseller will be responsible for redeeming the refund voucher and making reimbursements to a Hirer.
8.3 Hires and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by Livelo. Refunds, where permitted, will only be made to the person or Reseller who purchased a Hire from Livelo.
8.4 When issuing a refund, Livelo may retain a sum (up to 15%) to cover the costs associated with managing the booking.
8.5 To cancel a booking, contact Livelo via email 36hour prior to start of the rental period. You must receive written approval from Livelo approving your cancelation.
9. Livelo's liability
9.1 All Hirers will be required to sign a DEED OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK (‘DEED’) Form. The DEED must be read, acknowledged and agreed to, and signed by the Hirer before any hire services can be undertaken.
9.2 Hirer agrees that to the extent permitted under applicable law, in no event will Livelo or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent permitted by law, Livelo limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at Livelo’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall Livelo’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by Livelo in connection with the Hire giving rise to such claim.
10.1 When a Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify Livelo for any loss, damage or expense incurred by Livelo as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
11. Gift Certificates
11.1 Gift Certificates are sold for a specific value that can be redeemed against services and products offered for sale by Livelo. A Gift Certificate can only be used for one transaction. No refund, change or exchange voucher will be issued for the unredeemed value of any Gift Certificate. Gift Certificates are non-refundable but are transferable. Gift Certificates must not be offered as prizes or resold or used for any commercial purpose, including promotion of any supplier or their products or services, without Livelo’s prior written permission.
11.2 Livelo reserves the right to discontinue the sale of any product or service purchased on a Gift Certificate, but agrees to replace that discontinued with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 6 months from date of purchase and a Hire must take place within the 6 months.
12.1 Where Livelo makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Livelo will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
12.2 In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
12.3 Governing Law These Terms are governed by the laws of New South Wales, Australia. Livelo and each purchaser and Hirer submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of these Terms and any dispute between them.
13.1 A reference in this terms and conditions contract to a hirer, person, group or party includes natural persons, corporations, partnerships, associates and associations or other legal entity.
13.2 In this hire contract where a party comprises more than one person, those persons shall be bound by this hire contract and terms and conditions, jointly and severally.
13.3 If there is more than one hirer/person (as defined in 13.1) in a group it is the group organisers responsibility to ensure ever member of the group understands and accepts Livelo's Terms and Conditions. It is the group organisers responsibility to provide Livelo with the name, contact details, drivers licence or passport details of each member of their group. By using Livelo’s hire bikes, equipment and services all members of the group booking agree to these TERMS and CONDITIONS of use.
13.4 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
13.5 The failure of Livelo to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Livelo in writing.
13.6 These Terms and Conditions of use may be changed by Livelo from time to time. Any such changes become effective immediately upon being posted to the Livelo website. It is your responsibility to check the terms and conditions of use for any changes periodically and in any event prior to using Livelo’s hire bikes, equipment and services. If you do not agree to any changes, you must not use Livelo’s hire bikes, equipment and services in any way. Your use of the hire bikes, equipment and services indicates that you agree to the amended terms and conditions of use.