OGGY E-SCOOTERS PTY LTD RIDER AGREEMENT
Last Updated: January 5th 2021
YOU’VE CHOSEN WELL WITH OGGY E-SCOOTERS!
The Services are provided and operated by OGGY E-SCOOTERS PTY LTD. We are registered in and operate solely within Australia. Oggy E-Scooters was founded to help the Sunshine Coast community have access to environmentally aware, affordable, convenient and fun shared mobility without driving stress or parking hassles. Our aim is to reduce the number of cars on our roads by promoting the use of shared micro-mobility, with the hope that our e-scooters are not only utilised by the hundreds of thousands of tourist visitors we enjoy each year but also by locals wanting a fast, safe, economical and frankly fabulous way to zip from here to there along our gorgeous coastline!
Following are the terms (“Terms”) which govern your use of any and all of our products and services in Australia (which are collectively known as our “Services”). Please read these Terms carefully, as your use of our Services (including, for example, creating a user account and using our App), implies your agreement to these Terms which include that you are of legal age to enter into binding contracts. You are also agreeing that you have authority (either personally or on the behalf of an entity referred to in your user account registration) to agree to these Terms.
A failure to agree to these Terms results in your inability to use our Services. These Terms may be amended by us at any time, effective immediately upon being posted to our website or in any way made available to you and will supersede all other versions. In light of this, it is recommended that you review these Terms on a regular basis as your ongoing use of our Services constitutes your agreement to any changes made. Any prior agreements or arrangements we may have with you are expressly superseded by these Terms. At any time at our discretion we may deny access to, or generally cease offering any part of our Services, and likewise you may cease use of our Services.
What Oggy E-Scooters Offers
Oggy E-Scooters was founded to help the Sunshine Coast community have access to affordable, convenient and fun shared mobility without parking hassles. Our aim is to reduce the number of cars on our roads (and therefore reduce stressful driving and parking issues) at any one time by promoting the use of shared micro-mobility to those able and qualified to operate Our Products, including electric scooters. In these Terms we may refer to our electric scooters (e-scooters/Oggy’s) and their parking locations as our “Product”, and to our related equipment, advertising, charging, maintenance, personnel, IT, App, websites, social media pages, and any other information as our Services.
Your Oggy E-Scooters User Account
Use of Our Services requires you to be 18 years of age or older, and have created an account with a valid debit card, credit card, or other approved payment method with an expiration date. This data is communicated to our 3rd party payment processor and is not stored or received by Us. Depending on the Product, other information may be asked for. Only up-to-date, accurate, complete and truthful information must be provided by you. Do not share your personal account, which needs to be set up with a username and a robust password that is yours and yours alone. As you are ultimately responsible for all activity that commences through the use of your account, it is important that you advise Us immediately if you suspect or become aware that unauthorised use has occurred. If required by the relevant authority and law, we may provide your various account details in order to protect our customers, business or rights.
Regarding Fraud. The payment method you provide must be explicitly yours and you further grant us the right to apply any and all charges associated with your use of Our Products and Services to this payment method. If a suspicion is raised with us regarding the accuracy and legitimacy of the information you have provided, your account may be suspended or deleted by Us while investigations are undertaken. During such time, access to any and all of Our Products and/or Services will be denied to you.
As our Oggy’s (e-scooters) are located on Sunshine Coast business premises (hubs), it is very important that you follow these rules; Once you have logged on to the app and selected your Oggy, do not begin riding until you have walked the Oggy outside to the path, done your safety checks and fitted your helmet. You are expressly forbidden from riding while still inside the hub premises either upon your departure or return. When returning your Oggy, follow the same procedure and disembark from the Oggy to walk it back to its parking spot. If you fail to return your oggy scooter to a hub resulting in our having to come and collect it, we may charge you a $100 collection fee. Please be polite, respectful and courteous while in and around each hub during your pick up and drop off. If our hubs have bad experiences they are not going to want to keep offering their spaces to us, so please keep that in mind and be a good citizen Any staff present at the hub are not there to answer your questions or assist with your hire in any way. The Oggy E-Scooter team is always available to help, so get in touch with us instead (FB messenger, app support ticket, email or phone call to 07 54776021) or check our app or website for our FAQ’s. Again, if our hubs experience added work for their staff because they’ve been magnanimous enough to host our Products, they’re going to cease helping us out. We don’t want that, and neither do you! Be aware that any damage the hub, business or customers sustain as a result of your actions is your responsibility to rectify. Oggy E-Scooters is in no way liable for any damage, injury or loss of business that may occur through your hiring of our Products or your use of our Services
Using Our App and Services
Available products can be identified, reserved and accessed using our App. All of our best attempts will be made to ensure any reservation made by you is honoured, however due to supply or other reasons we reserve the right to reject such requests and any confirmation you receive from us does not constitute absolute confirmation that your request will be granted. Any refunds due to you as a result of a rejected reservation request will be processed, as they will should any pricing discrepancies occur.
You must be the only user of our Services unless we give you express permission otherwise. Any additional rules regarding our Products and Services may be communicated to you and will apply also.
In Queensland you must be 16 years of age (12 if under adult supervision) to ride an electric scooter. To ride an Oggy E-Scooter you must be 18 years of age or older. If you are 12 to 18 you can be signed on under a parent or guardian's app with up to 2 additional users under each parent or guardian. You must be physically and mentally able to operate our Products competently, safely and with due regard to the prevailing conditions (for example, accounting for different riding conditions in the wet or dark). You must be able to make the decision regarding whether to ride at all when considering using our Products or Services, and further you must choose your own route when riding.
For the safety of everyone, please ride in a safe and respectful manner, especially around pedestrians. You are responsible for educating yourself as to the local laws applicable to using our Products and Services, and for following them. To assist you in this, please read the following which is an excerpt from the Queensland Government website on transport safety;
For your safety, you must:
Be at least 18 years of age, or 12+ with adult supervision and being logged on under their Rider Agreement/app.
Wear an approved bicycle helmet, that is securely fitted, at all times (unless an exemption has been granted for medical or religious reasons)
Not carry passengers
Not use a mobile device
Not drink and ride
Have a working flashing or steady white light on the front, and a red light and reflector at the rear when travelling at night or in hazardous conditions.
When riding on a path, you must:
Keep left and give way to pedestrians.
Travel at a speed that allows you to stop safely to avoid colliding with a pedestrian.
Travel at a safe distance from a pedestrian so you can avoid a collision.
Keep left of oncoming bicycles and other personal mobility devices.
Only use the bicycle side of a shared path.
Rideables (such as e-scooters) should be used on paths wherever possible. Some limited access to roads is permitted but only in specific circumstances. For example, you can use your (e-scooter) to cross a road or avoid an obstruction on a path for up to 50m. You are allowed to stay on your (e-scooter) to cross a road at a designated crossing.
You can also ride on local streets, where it is safe to do so. A local street is a road with a speed limit of 50km/h or less. It must have no dividing line or median strip and if it is a one-way road, it can’t have more than one lane.
When permitted to ride on a street you must keep as far to the left side of the road as practicable.
Just like bicycle riders, you may ride alongside 1 other person or vehicle travelling on a road in the same direction. However, you must not cause a traffic hazard by moving into the path of a driver or unreasonably obstruct the path of any other road user.
You must not:
Be towed by another vehicle
Hold on to the back of another vehicle
Ride within 2m of the rear of a moving motor vehicle continuously for more than 200m.
You must not travel past a personal mobility devices prohibited sign—your local council or land owners may prohibit personal mobility devices in areas like malls, esplanades or jetties.
You should also contact your local council to find out if there are any local laws that apply to the use of rideables.
Penalties for non-compliance
If you get caught not complying with these rules you will be fined at least $133.
Attempting to vandalise, tamper with or gain unauthorised use or access to our Products or Services is prohibited.
The legal responsibility for minors is your own, and you therefore must educate them and ensure their compliance with these Terms prior to riding.
An extremely attractive Australian Standard approved helmet is supplied with each of our Products. Look, we know you’d much rather feel the wind in your hair and the sun on your face, but we want you safe and legal, so please size, fit, adjust and fasten your helmet prior to using our Products. Wearing a helmet is required by law, however they in themselves are no guarantee against personal injury.
Although safety checks are conducted by us regularly, we advise that you perform your own prior to using our Products. Please consider:
Did you check the wheels, tyres, lights and brakes?
Have you ensured that you are not going to exceed the 100kg weight limit on the scooter?
Have you chosen a scooter with enough battery charge to get you to the next charging point or to your destination and back? (Tip – check the app)
Are there any signs of unusual wear, damage or excessive use and does it appear that maintenance is required? Get in touch if so, and in the meantime please select a different scooter at your location or at the next one.
As it is possible that an event could have occurred in the time between the Product’s last safety check and your use of it, it is vital that you inform us if something is not as it should be BEFORE your hire period begins – as any issues existing at the end of your hire period will be attributable to you along with any associated costs. If an issue occurs during your hire period, it is essential to cease using the Product as quickly and safely as possible and inform us immediately. We are local and can be there to offer assistance should you need us. Please email email@example.com for help, get in touch through FB messenger, or call 07 54776021.
Other points to note regarding E-Scooters
As our stock of Oggy’s is not unlimited, we may not have one available when and where you want to use it. We know, that sucks! We’d love to be able to have Oggy’s aplenty and be able to have everyone zipping around. Our scooters have a maximum carrying capacity of 100 kilograms – do not exceed this or damage may occur.
Please be careful on our Oggy’s!
In order for you to have the best experience possible and to ensure a safe experience for the Sunshine Coast public, we have a few more requirements;
Do not use your mobile phone or any other distracting electronic devices while using our Products – if you have earphones in, you are instantly reducing how well you’re able to concentrate on your surroundings. You want to be able to hear it if someone yells out “look out!” don’t you?!
Do not use our Products while under the influence of drugs, medication, controlled substances, alcohol or any other substance capable of limiting your capability to operate our Oggy’s in a safe and considerate manner with regard to all other path or road users
Do not use our Products if you are feeling unsure about your capabilities in any way
Do not carry cargo (including animals) whilst using our Products
Do not lock up our Products with a lock of your own as you will be charged for its use until such time as our Product can be made available for hire again. You can certainly pause your ride (at a reduced rate of 7c per minute).
If your actions result in a Product being unable to be retrieved by us, you will be charged up to $3,300 to cover our costs
Do not carry items that hinder or impair you in any way whilst riding
Please be nice to other users of our public spaces – we want to be able to continue to offer our Products and to have them accepted by our community for what they are – an environmentally sustainable, economical and fun way to travel
As we are not responsible for the actions of other path or road users, please exercise caution at all times
Lastly, do not use our Products or Services to participate in an activity that is outside its intended use. This obviously means no skidding, wheelies, off-road, stunt, trick or race riding, no riding through deep or flood waters, no riding down stairs or in any way that would cause damage, obvious or otherwise. Any of these activities can cause damage to our Products. Furthermore, you are not permitted to use our Products for commercial use (including for example, food delivery) or in relation to any law-breaking activities. If you are spotted doing the wrong thing, we will warn you once. A second incident will result in you being banned from using our products and services. Have respect for our Oggy’s and helmets please people 😊
Other than normal wear and tear, we expect you to return (to a parking hub) our Product in the same condition in which you received it. In circumstances where our Oggy’s or helmets are damaged as a result of your hire, regardless of whether the damage was intentional or accidental, you’ll be responsible for any and all associated costs which may be up to $3,300. Any instances of damage or misuse or incidences where accidents have occurred must be reported to us immediately, with a police report filed when applicable and in a timely manner, or no later than 24 hours after the fact.
Periods of Use
Sadly, due to battery charging requirements and safety of riders , you may only hire our e-scooters during daylight hours. Don’t be sad, you can hire it again the next day!
Oh no, I can’t take my e-scooter back!
Life happens, we know, so if you are unable to return a Product to one of our hubs and you require that we collect it for you, we may charge you up to $100 to cover our costs in doing so. Please be aware that this amount can change at our discretion and without prior notice to you.
Costs, Payments and Refunds
By agreeing to these Terms you understand that use of our e-scooters will result in you being charged by Us for their use using the payment method you indicate in your user account. Currently, the cost you agree to pay is a $1 unlocking fee, followed by 30 cents per minute or part thereof of use until such time as you successfully log off via the app, which can only be achieved when the e-scooter is returned to a hub. Should a Product become confiscated or impounded while you are logged in to it, you agree that we may charge your nominated payment method the total of all costs necessary to restore the Product to hiring viability. Any fines or infringement notices you receive are your responsibility alone and will not be paid for by Oggy E-Scooters or its affiliates, including its hubs.
Should you wish to pause your hire of the e-scooter, such as if you are stopping for a coffee or to take in the glorious views, then you may utilise the ‘pause’ function on the app, whereby your e-scooter is still hired to you but while it is stationary you are only charged at a rate of 7 cents per minute or part thereof. You may ‘pause’ your hire for up to 60 minutes, after which the charging rate will revert to 30 cents per minute. You alone are responsible for ensuring you ‘pause’ your ride and get the cheaper rate and no refunds will be offered should you neglect to do so.
Please see our app for our pricing, which is subject to change without prior notice. If you believe that you have been erroneously charged at any time, please contact us via firstname.lastname@example.org within 30 days citing your app account details, hire date, time and pick up/drop off locations, the charge you believe to be in error and any other information required by us. We will use our sole discretion when responding to any request for a refund or ride credit, and you understand and accept that we will not be held liable for any loss suffered by you in relation to your hire.
From time to time and at our sole discretion, we may offer ride credit to users. These credit offers are for the sole use of the indicated recipient (meaning you can’t on-sell, transfer or barter your credit) and are not redeemable for cash or any other benefit. Ride credit offers may be amended, modified or cancelled by us at any time and without prior notice.
Limit of Liability
To the fullest extent permitted by law you hereby waive and agree to waive any right to hold Oggy E-Scooters, its employees, affiliates, subsidiaries, agents, associates, partners, directors and related companies (the Released Parties) liable for any claims resulting from or in any way related to your use of our Products and Services. To the fullest extent permitted by law, you will accept all responsibility for risk of loss, loss, theft, damage or destruction to the Products and Services from any and all causes relating to your hire. Accepting these Terms means that you understand and agree that accidents and injuries to yourself or others, including death, can and do occur as a result of using e-scooters and further that you assume all risk associated with your dealings with us. If you do not agree to be bound by these Terms then do not accept them. You will be taken to have to have accepted these terms and conditions if you order, accept or pay for any goods or equipment provided by us after receiving or becoming aware of these terms.
When permitted by law, the released parties will not be responsible for lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary or punitive damages. To the extent permitted by law, the total liability of the released parties for any claims under these terms, including for any implied warranties, is limited to $100. In all cases, the released parties will not be liable for any loss or damage that is not reasonably foreseeable.
Our products are machines and there is inherent risk associated with using them, including due to malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. By using our services, you agree that you understand these risks, that it is your responsibility to use our services safely and that the entire risk arising out of your use of the services is yours and yours alone. You are responsible for any harm you cause to other people or property.
You hereby waive any and all claims, including those in contract, tort (including negligence), statutory and/or any other grounds, even if any of the released parties have been advised of the possibility of such claims.
The provisions of this section apply to the maximum extent allowed by law.
When we use the term “Released Parties” in these Terms, we mean;
Us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorise or otherwise partner with to distribute, market or otherwise commercialise the Services,
Municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorise us to operate any of the Services
Owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorise us to operate any of the Services on its premises, and To the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. We provide our services “as is” and “as available.” Other than as expressly set out in these terms, the released parties do not make any specific promises about any services, whether about the specific functions of such services, their reliability, quality, availability or ability to meet your specific needs or otherwise, or that they will be uninterrupted or error-free. Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we and our released parties exclude all warranties, whether express or implied.
You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys' fees and court costs) arising out of or in connection with;
Your use of the Services (including the payment of fines and other fees as mentioned above),
Your breach or violation of any of these Terms or any applicable law,
Any of the Released Parties’ use of your content, or
Your violation of the rights of any third party.
The Released Parties reserve the right to assume the exclusive defence of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this section will survive any termination of these Terms, your user account or your access to our Services generally.
Your Personal Information
Text Messages and Telephone Calls
Unless you opt out, you agree that we may contact you by telephone, SMS, text message and or email (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS, text messages and or emails from us at any time by contacting us directly.
Our Limited License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, nontransferable license to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access our Services, try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.
The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
Content Provided by You
You may at times be invited to submit content to us (like a comment to a blog post, photographs, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted (like if you take a selfie when using a Product, which we encourage!). This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.
Third Party Services and Content
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
These Terms will be governed by and construed in accordance with the laws of the State of Queensland without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive. Before bringing a formal legal case, please first try contacting our Customer Support via email@example.com or by calling 07 54776021. Most disputes can be resolved that way.
We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”).
If either of us wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at Oggy E-Scooters.
Class Action Waiver
We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. As defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Section or the Services.
Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in the relevant area. Accordingly, we each mutually consent to the exclusive personal jurisdiction and venue of such courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction.
This Arbitration Provision will survive any termination of your relationship with us.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. This Section can be amended only by written agreement between both parties. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
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