Terms & Conditions
We understand that some people may not want to read through the T&Cs, so here are the headlines!
- When you sign up to The Pedal Club you agree to adhere to our T&Cs in full
- We retain ownership of all the bicycles throughout the course of your membership
- If you wish to cancel the subscription please contact us and we will process and book in a time to pick the bike up straight away. There is a cancellation fee in the first 12 months of $50 to cover the costs of pick up and any work that needs to be done on the bike.
- If you exchange your bike within the first 12 months there will be a $50 early exchange fee. This contributes to delivery and pickup services, assembly and repair and maintenance.
- If you fail to pay within 30 days of the payment date we reserve the right to repossess the bike(s).
- As per our Re-Cycle your Bicycle page we provide a free pickup service for unwanted bicycles. Please note that we will ask you to provide photos and details of your unwanted bike prior to the pickup.
- We do not have insurance for the bikes so please take care of them, make sure they are securely locked if you are leaving them outside unattended.
- We are not responsible for what you or your children do with the bike and cannot take any responsibility for injury. Please be careful when riding especially on the roads. Make sure your child always wears a helmet and if they are riding in the evening they must have both a front and a rear light for the bike.
If you do wish to get stuck into the detail please see our full Terms & Conditions below.
- The Pedal Club may accept trade-ins where the goods have been assessed and determined as in adequate, good or great condition.
- Any application to trade-in can be refused at The Pedal Club’s discretion.
- The trade-in value of your goods will depend on the condition of the goods (we will factor in labour charges and the cost of replacement parts when determining the trade-in value).
- A 24 hour cooling off period applies, after this time the trade-in is final.
- Any goods traded in will be held by The Pedal Club for a minimum of 3 days or until verification from the Police checks that the goods are legitimate and not stolen.
- If any person has already or does lay claim to the goods and has reasonable proof, you agree to repay any loss of goods or money lost by The Pedal Club.
- All goods received and copies of the identification provided will be recorded and provided to the Australian State and Federal Police for processing against the stolen goods registry.
- The Pedal Club reserves the right to complete a full criminal record history check of the goods.
- The Pedal Club is able to sell and advertise the goods in any way they see fit.
- By applying to trade-in goods, you acknowledge and agree that you have and accept these terms and that once the trade-in is complete, The Pedal Club Once has the full and sole rights to own and sell the goods.
- The Pedal Club reserves the rights to change the terms and conditions of trade-ins at any point in time without notice.
The Pedal Club Terms of Service
This document sets out the terms and conditions (Terms) on which we, Pedal Bikes Pty Ltd (trading as The Pedal Club) (ACN 646 413 765) (The Pedal Club, Pedal Club, we or us), provide our services through our website (www.thepedalclub.com.au), through any direct correspondence with us, and through any Pedal Club mobile application through which you access our website or services (together, "Website").
Please read these Terms carefully before using any of our services through the Website, as your use of the Website and our services offered on the Website is subject to these Terms (these Terms apply to any customer of The Pedal Club, whether a Member or not). By using our services via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Terms.
For the avoidance of doubt, please note that references to "Pedal Club Website" or “Website” in these Terms include any current or future version of our website www.thepedalclub.com.au, any dealings you have with us over email or the phone, and any Pedal Club mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
You may only operate, access and/or use the Website and/or the services provided by us if you are at least 16 years old. If you are below 16 years old you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the services; and (iii) your acceptance and compliance with these Terms.
You understand that you enter into these Terms on behalf of yourself, and anyone else who you allow to use the Services. You understand that you take responsibility for: (i) their actions; (ii) any charges associated with their use of any of the services; and (iii) acceptance and compliance with these Terms.
In these Terms:
- Agreement means these Terms;
- Business Day means a day which is not a Saturday, Sunday or public holiday in New South Wales;
- User, you and your means any party with access to the Website and/or who uses the Services;
- Intellectual Property Rights means any intellectual property and industrial property rights of throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
- Member means a person who has registered for Membership with The Pedal Club;
- Membership means the membership of you to The Pedal Club and includes the subscription service provided by us. This forms part of the Services we offer;
- Membership Fee means the subscription fee set out on the Website;
- Pick-up Services means the service of pick-up of old Vehicles we currently offer as part of our Services;
- Service(s) includes the service of the Website and also extends to any other service that may be offered by The Pedal Club from time to time (including but not limited to a Vehicle Rental Service and Membership);
- Terms means these terms and conditions;
- Vehicles means any of the bike, scooter, or other personal mobility device any equipment or accessories offered by us from time to time;
- Vehicle Rental Service means the making available to you the use of the Vehicle on or through the Website;
- Works means any and all publications, content, graphs, charts, data, information, software, processes, programs, documents, user generated content or any other materials whatsoever contained on any Website owned by The Pedal Club provided by us to any user; and
- Website means www.thepedalclub.com.au and any Pedal Club mobile application, or email correspondence through which you access our website or any services we provide or any other site operated by or on behalf of The Pedal Club, as notified by The Pedal Club from time to time.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms. A reference to a clause is a reference to a clause of these Terms.
These Terms commence on the date of first use of the Website and continue in full force and effect unless terminated earlier.
We reserve the right to revise, replace or amend these Terms, or other terms that may apply from time to time. We shall notify you of any substantive changes by email or any other reasonable notification method. The new changes shall only apply to Website uses after the notification has been sent to you.
- Your access to and use of the Website is conditional on your acceptance of these Terms. If you do not accept these Terms, then you must not access or use or must immediately cease all access or use of the Website.
- You agree that:
- any and all access and use of any of our Services by you shall be in accordance with:
- these Terms;
- any notices displayed on the Website from time to time; and
- any other terms of business that we may provide you with if you use our Services.
- You acknowledge that:
- you must not use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;
- if you choose to register, we will require you to create an account with your email address and you will select a password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username;
- if you are under age 16, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you;
- you are legally responsible for all use of the Website. If you are not fully able and legally competent to agree to these Terms you may not use these Services; and
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities.
- you will not:
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- impersonate any person or entity;
- transmit false or misleading material or make any form of misleading or deceptive representation;
- transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity;
- knowingly transmit any material, which contains a computer virus or other harmful data, code or material;
- provide access or links to any material which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- at our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.
- You agree that you shall not make any commercial use of any or all of the works accessed on the Website. In this clause, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.
- The Pedal Club may use "cookie" technology on its Websites. A “cookie” is a small summary file containing a unique ID number which is stored on your computer by your browser. When you log in, the cookie tells us whether you've visited the Websites before or if you are a new visitor. The cookie doesn't obtain any personal information about you or provide The Pedal Club with any way to contact you, and the cookie doesn't extract any information from your computer. The Pedal Club uses the cookie to help it identify the relevant Websites features in which you have the greatest interest, so that it may better personalise your access to the Websites.
- If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
- Subject to clause (c) below, you acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to the Works remains with or vests in The Pedal Club or third parties.
- If The Pedal Club, or any person, makes available or introduces to you to their intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of The Pedal Club, or that other person who is the owner or licensee of that intellectual property.
- You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest in the Works and the Intellectual Property Rights of any third party.
- Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
- All names, logos and trademarks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
- We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and their content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
- The following are examples of conduct that are not authorised by these terms:
- sharing the content of this Website with other persons;
- publishing or posting any of the content on any other website, including on social media pages or websites;
- using the logo or trademarks of this Website,
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
- systematic downloading or "scraping" of content of the Website.
- We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
- We may suspend, limit or terminate your access to the Website or App (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
- No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of The Pedal Club.
- To seek permission to use the Works (or part of them) please contact us via the Website.
- You understand that use of the Website and the Services may result in charges to you for the Services you receive from The Pedal Club. It is your sole responsibility to understand the details of any charges you may incur.
- You may be liable to pay a joining fee, a refundable deposit for any Vehicle you hire, a monthly subscription fee, an early bike exchange fee and any other fees (including late payment fees) set out by The Pedal Club when you use the Services.
- You agree that The Pedal Club will facilitate your payment of the applicable charges for such Services. These charges will be inclusive of applicable taxes. You are solely responsible for the fees or interests charged by bank incurred for the failure of any payments.
- Any charges paid by you are final and non-refundable, unless otherwise determined by The Pedal Club or required by law.
- You may have to pay a deposit in order to use the Services and/or a Vehicle. This deposit will be returned to you once the Vehicle has been returned to The Pedal Club and we have confirmed that the Vehicle has not been damaged (excluding fair wear and tear which will be solely determined by us).
- You will pay all charges incurred by you and all charges are due immediately.
- We reserve the right to establish, remove and/or revise charges for any Services at any time in our sole discretion.
- We reserve the right to:
- hold you liable for any unpaid fees or charges;
- repossess any Vehicle if any charges remain outstanding for a period of thirty (30) days;
- make a police report against you; and/or
- commence recovery actions and proceedings against you.
We offer a pick-up recycling service for unwanted bikes. Anyone over the age of 16 may use The Pedal Club to request and book a pick-up service (we may in our absolute discretion be unable to facilitate a pick-up service or choose not to take the bike). This is a free service. You acknowledge and understand that once collected by us, the vehicle ownership passes to us, and we will not be able to provide any kind of return service.
- One of the Services provided by The Pedal Club is Membership.
- Membership Fees may vary, please consult the Website or speak to one of our team for the specific pricing applicable to your Membership.
- Acceptance of Membership is entirely at the discretion of The Pedal Club. Membership will ordinarily be available to anyone who is at least 18 years of age, had a fully operational mobile number, holds a valid debit or credit card, and has confirmed they are proficient in the use of a bicycle and/or will fully supervise and be liable for a child’s use of a bicycle and comply with all laws governing the use of Vehicles.
- Members are charged for their Membership in accordance with our payment terms (set out above).
- You agree to pay the Membership Fee and any other charges outlined on the Website.
- If you want to cancel your Membership there is a $50 cancellation charge. If you wish to cancel please contact us at email@example.com.
- On cancellation of Membership, we will arrange with you to collect any Vehicles you have hired and such returns will be subject to the same terms as set out in the “Use of Vehicle” paragraph below.
You acknowledge and understand that we cannot take responsibility for your actions whilst you are using the Services. We therefore strongly recommend that you arrange insurance in relation to your use of the Services. The Pedal Club does not maintain any insurance in respect of your use of the Services or any Vehicles.
You acknowledge and agree that any Vehicle hired out to you remains our property at all times and we are entitled to repossess or remove the Vehicle at any time.
Any risk of death, disability or personal injury or loss, damages, fines or claims resulting from your use of a Vehicle, the Services and/or the Website is entirely at your own risk and we shall not be liable therefor. You assume total responsibility and custody of any Vehicle from the time that you collect it or it is delivered to you (if it is for a child, you are entirely responsible for the child’s use of the Vehicle) until you return it to us.
We will do our best to ensure that all Vehicles are maintained to a reasonable standard and are fit for their purpose. You are responsible for reporting any faults or issues with the Vehicle to us promptly. You must not attempt to fix the Vehicle yourself.
You understand that The Pedal Club is not liable for any accidents or thefts relating to the Vehicle. If a Vehicle is damaged or stolen whilst in your possession you may be charged for the cost of fixing the Vehicle and/or the full replacement cost. Please note that we encourage you to take photos of the Vehicle in order to evidence the condition of the Vehicle when it is delivered to you.
You warrant that you:
- are proficient in the use of a Vehicle;
- will not tamper or make modifications to the Vehicle;
- will protect and safeguard the Vehicle;
- will ensure that any children using the Vehicle are supervised at all times and taking all reasonable care when using the Vehicle;
- will operate the Vehicle in a safe manner; and
- will comply with any laws governing the use of Vehicles relevant to the State or Territory in Australia which you are located in.
- We may make changes to the material on the Website, or to the Services at any time without notice.
- We assume no responsibility for the accuracy, completeness, reliability, timeliness and usability of the Website or any of the content provided by any user of the Website.
- Without limiting the generality of the foregoing, you acknowledge and accept the following by using our Services or the Website:
- we do not give any undertaking that the Services accessed through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties;
- our Services are only supplied for personal use, if you permit a child to use the Vehicle, you take full responsibility for the supervision of that child and understand fully your responsibilities under these Terms; and
- the foregoing disclaimers do not affect your statutory rights.
- We provide you with access to the Website and Services on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Services (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Services, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
- You acknowledge and agree that:
- we do not make any warranties about the Vehicles, Website, Services or Works, including without limitation any warranty that the Website, the Works or Services are complete or error-free;
- you will not rely on any of the Website, Services or Works without first making independent enquiries to verify facts; and
- the Website is provided on an ‘as available’ basis. You agree that the Website service may be interrupted for maintenance and repairs, or for any other reason and that access to any Works cannot be guaranteed.
- To the fullest extent permitted by law, The Pedal Club disclaims any and all express or implied warranties, guarantees or representations regarding:
- the accuracy, reliability, timeliness or otherwise of the Services and any information contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website; and
- the reliability or fitness for any particular purpose for any Services or products contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website.
- You acknowledge and agree that The Pedal Club does not warrant, guarantee or make any representation that:
- the Website, the Works or the server that makes the Website available on the world wide web are free of software viruses;
- the functions contained in any software contained on the Website or the Works will operate uninterrupted or are error-free; or that
- errors and defects in the Website or the Works will be corrected.
- To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited to re-supply those services.
You agree to release and indemnify The Pedal Club (and its directors, officers, employees and agents) from and against any and all losses, damages, fines or claims which The Pedal Club may suffer, sustain or incur, or which may be instituted, made, brought, threatened, alleged or established against The Pedal Club, by any person and which in any case arises (whether directly or indirectly) out of, in relation to or by reason of:
- your use (or any use permitted by you) of a Vehicle, Services or the Website;
- your failure to comply with these Terms;
any death, personal injury or loss or damage to property, arising from any act or omission of you or in connection with the possession, use or operation of a Vehicle;
any negligent and/or reckless act or omission, or any fraud, wilful default or wilful misconduct of you; and/or
any breach of or failure or delay in complying with any applicable laws by you, including any rules, code of conduct and/or guidelines issued by any governmental, administrative or regulatory authority or agency.
- To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with the use of a Vehicle, your access to or use of the Website, the Services, the Works, any linked Website or App, your reliance on any information obtained through us or the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
- Subject to clauses(a) and (b), and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $100.
- You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Services and or the Website.
- We may immediately terminate these Terms if you breach any term or condition of these Terms and fails to remedy such breach to our satisfaction within seven (7) days of notification from us.
- On termination of these Terms:
- you must not access or attempt to access the Service of the Website; and
- we may immediately deny you access to the Service of the Website, or any other part of the Website, at our sole discretion.
- Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lockouts or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
In the event that you would like to express your opinion on the quality of the Services, please consider contacting us via the Website.
- These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the use of the Services and/or the Website.
- You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of The Pedal Club.
- These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
- No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.
- Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.
These Terms were last updated in March 2021.