Please read through all terms and conditions outlined below carefully. By accepting this Waiver, you ("RIDER" or "you") consent to specific conditions and waive certain rights, which include:
- Confirming you are at least 18 years of age.
- Acknowledging that bicycles (hereafter referred to as "Bikes") are provided on an "AS-IS" basis.
- Waiving any right to hold Seaboard Bikes Pty Ltd (the "OPERATOR") and the rental property the bicycle was taken from responsible for any injuries or damages to persons or property arising from your use of the Bike.
- Assuming financial responsibility for the Bike until it is returned, secured to the rack, and the rental period officially ended via the App.
- Acknowledging the inherent risks of cycling, as well as those posed by other vehicles and road conditions.
Full Terms and Conditions, Rider’s Release of Liability, Assumption of Risk, Indemnity, and Hold Harmless Clauses:
1. Purpose of Agreement
This document serves as the complete Agreement ("Agreement") between the RIDER and the OPERATOR. This Agreement allows RIDER a specific limited use of the Bikes provided by the OPERATOR and, in exchange, requires the RIDER to WAIVE certain rights and ACCEPT specific responsibilities as detailed herein.
2. General Use of Bike
2.1 Only the OPERATOR and RIDER are parties to this Agreement. The RIDER recognizes that the Bikes and Bike Stations are exclusively owned by the OPERATOR. Any Advertisers’ trade names or logos on the Bikes are solely for advertising and are not responsible for the Bike’s operation or maintenance.2.2 The RIDER confirms being 18 or older and capable of entering into a legal agreement. Any misrepresentation of age or legal capacity by the RIDER is solely the RIDER’s responsibility and could lead to legal consequences.2.3 The RIDER must be physically fit, balanced, coordinated, and mentally competent to operate the Bike. It is the RIDER’s responsibility to be familiar with the Bike’s controls before use.2.4 The Bike remains the property of the OPERATOR at all times. No modifications are to be made to the Bike by the RIDER.2.5 The OPERATOR sets the Bike operating hours, generally from sunrise to sunset. Bikes must be returned within the allowed time, and availability may vary.2.6 Bikes must only be used within designated areas and must not be transported in any vehicle or used outside of a reasonable distance from a Bike Station.2.7 The RIDER must comply with all applicable laws and regulations concerning Bike use.2.8 Helmets are not provided by the OPERATOR and are strongly recommended. The OPERATOR is not liable for injuries sustained from not wearing a helmet.2.9 The RIDER is responsible for inspecting the Bike before use and reporting any defects to the OPERATOR immediately.2.10 The RIDER must not operate the Bike under the influence of alcohol or drugs.2.11 Bikes should not be used in severe weather conditions to ensure the RIDER’s safety.2.12 The Bike is for standard cycling only; no racing, stunts, or use on unpaved roads is allowed.2.13 Only the RIDER may use the Bike; no passengers are allowed.2.14 The Bike basket is for light goods only, with a weight limit of 20 pounds to maintain safe operation.2.15 The RIDER must not use the Bike to tow or push items.2.16 The Bike must be returned to its original station. Costs incurred for recovering Bikes from other locations are the responsibility of the RIDER.2.17 The RIDER must report any stolen or lost Bikes immediately to the OPERATOR and local police.2.18 The RIDER is responsible for any damages or losses to the Bike during the rental period.2.19 If the Bike is not returned within 24 hours, the OPERATOR may charge the RIDER for replacement costs.2.20 The RIDER is responsible for ensuring the Bike is securely locked when not in use.2.21 Any acts of vandalism may lead to legal action and recovery of damages by the OPERATOR.2.22 The RIDER is responsible for all fines and legal fees incurred during the use of the Bike.2.23 All accidents or incidents involving the Bike must be reported to the OPERATOR within seven days.
3. Waiver and Limitation of Liability
The RIDER releases the OPERATOR from all liabilities related to the use of the Bike, acknowledging the risks involved in cycling and agreeing to bear all associated costs.
4. Acceptance of Responsibility and Assumption of Risks
The RIDER acknowledges that cycling involves risks and accepts full responsibility for all consequences of using the Bike.
5. Indemnification
The RIDER agrees to indemnify and hold harmless the OPERATOR against any claims arising from the use of the Bike.
6. No Warranty
The OPERATOR provides no warranties regarding the Bike, which is accepted "AS IS".
7. Jurisdiction
Disputes will be governed by the laws of South Africa, with exclusive jurisdiction of South African courts.
8. Termination of Agreement
The OPERATOR may terminate this Agreement at any time without notice.
9. No Waiver
Failure by the OPERATOR to enforce any provision of this Agreement does not waive the right to enforce it later.
10. Severability
If any provision of this Agreement is found invalid, the remaining provisions still apply.
11. Entire Agreement
This is the final and complete Agreement between the OPERATOR and the RIDER.
12. Acceptance of Agreement
The rider accepts the agreement by signing up and signing in to the UpCycles Bikes service via the UpCycles app on iPhone or Android. By accepting this Agreement, the RIDER agrees to all terms and conditions outlined. By accepting this User Agreement and Waiver, you acknowledge that you have read, understand, and agree to be bound by these terms.