SER Terms and Conditions - Food Delivery

Sydney EBike Rentals = SER RENTAL AGREEMENT.

The rent is payable up front for casual rental.

The rent is payable weekly, fortnightly or monthly in advance, from the date that the Renter takes possession of the Bike until the Bike is returned to the Owner, as set out in this agreement, unless otherwise agreed by the parties in writing.

1. Security Deposit :The Renter hereby agrees to pay SER a security deposit that varies from $250 to $1000 depending on the model of bike.The Deposit is payable by the Renter on taking possession of the Bike and will be retained by SER as security for the Bike and accompanying lock, lights, charger a helmet, and phone holder.

In the event of loss or damage to the Bike (including the eBike, battery, lock, lights and any spare battery) or outstanding Fees for which the Renter is liable, Sydney Ebike Rentals will (on giving written notice to the Renter), apply the Deposit (or part thereof) to the cost of necessary repairs or replacement or satisfaction of outstanding debts.

If the previous rent payments and the security deposit do not cover the retail price of the bike, the client will have to complete the full retail price of it. In the absence of damage or outstanding fees, the Deposit will be refunded to the Renter in full within 10 Business Days of the return of the Bike, as set out in this Agreement.

For casual rentals of city bikes and eMTB we require 48 hours prior notice for any cancellation. Any cancellations that are less than 48 hours from the booking date will incur a 30% Fee. We will refund 70% of the original booking not including any security deposit.

1. You agree to the Direct Debit Request and authorize Stripe Payments Pty Ltd ACN 160 180 343 to debit your account through the Bulk Electronic Clearing System (BECS) on behalf of Sydney Ebike Rentals for any amounts related to the ongoing rental agreement.

2. The customer agrees on informing Sydney EBike Rentals the intention of terminating the contract 3 days (three) before it occurs, otherwise, the client will be charged on $36 for early drop-off.

3. The renter agrees on residing in Sydney, NSW during the renting or renting to buy period. Sydney Ebike Rentals has the right to cancel the contract if the customer is found residing or is likely to reside out of Sydney Region.

The Rent Payment Terms Fees are payable weekly, fortnightly, or monthly in advance, which will be automatically debIt on the Renter account. Renters are required to subscribe to the appropriate SER plan online, via SMS or in the shop prior to collecting the EBike. The Renter authorises SER to debit their account with the amount of the Fees as and when they fall due. If a payment is not made for any reason (for example, if there are insufficient funds available in the nominated account), the Renter will incur an administrative fee of $5 for each day that the payment remains outstanding. The Owner may also refer the matter to a debt collector or solicitor for collection of fees outstanding and repossession of the Bike, if applicable, in which case the Renter will be liable to pay to the Renter all fees and charges payable in respect of the debt collector’s fees (including any commission) and solicitor’s fees on a full indemnity basis.

Existing Damage to Bike The Parties acknowledge the existing damage to the Bike as notated below: . Authorised Use: SER authorises the Renter to use the EBike for reasonable personal and commercial use in accordance with local road rules and legislation. Unauthorised use includes (but is not limited to) any personal or commercial use involving: a. the operation of the Bike by any person other than the Renter; b. the carriage of any person in addition to the Renter; c. the towing of another person/Company, bike or other object; d. the operation, use or involvement in any way of the Bike in violation of any laws or for an illegal purpose; e. any race or competition; f. any other activity which may pose a threat to the safety and security of the Bike, Renter or other person or property.

Owner Warranty: SER represents that, to the best of their knowledge and belief, the Bike is supplied to the Renter: a. in sound and safe condition, suitable for Authorised Use; b. free of any known faults or defects that would affect its safe operation under normal use; c. in accordance with the manufacturer’s standards. Australian Consumer Law: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement impacts your rights under Australian Consumer Law, including your right to a remedy if we fail to meet a consumer guarantee.

Limitation of Liability: Notwithstanding the above, we limit our liability to you to the fullest extent permissible, including as provided under section 64A of the Australian Consumer Law. We specifically exclude liability for negligence and for consequential loss or damage, including loss of business profits (except to the extent that any such consequential loss is incurred because of a failure to meet a consumer guarantee under the ACL).

Renter Warranties :The Renter warrants that the Renter: a. will only use and permit the Bike to be used for an Authorised Use ; and b. will, at all times while the Bike is not in use, lock the Bike using the supplied lock in accordance with all reasonable directions of the Owner. The Renter indemnifies the Owner in respect of any loss or damage arising out of any warranty given in this clause being incorrect or any breach of any such warranty and will be solely responsible for all loss and damage so arising, including (but not limited to) all associated tickets, fines, and fees.

Responsibility for Loss and Damage: The Renter hereby acknowledges that they are liable for: a. the loss of, and all damage to, the Bike during the Rental Period (excluding fair wear and tear); and b. all damage to any person or the property of any person: i. which is caused or contributed to by the Renter or any person the Renter allows to drive the Bike; or ii. which arises from the use of the Bike by the Renter or any person the Renter allows to drive the Bike. In the event of loss or damage to the Bike or other loss or damage arising in connection with the use of the Bike, the Renter must: a. provide the Owner with details of the incident including: an accurate description of the incident (e.g. time, date, location, how it happened and, if stolen, how it was locked), capturing the photo to prove how the lock was broken, as well as the name and contact details of any other person involved b. The police report will be done by the Owner, in the event the Bike is stolen c.. return all parts of the Bike which have not been damaged or stolen (e.g. lock, keys, battery, lights,charger, etc) to the Owner. If the Bike is damaged, the Renter is liable to pay the Owner the amount required to return the Bike to the condition in which it was rented, up to the retail price of the bike. If the Bike is lost or stolen, the Renter will be liable to pay to the Owner the retail price of the bike, plus the loss fee determined by the SER which for Food Delivery rentals will not exceed the 8 month rent to buy plan price (maximum $3605) for the same type of bike and any additional costs incurred by the Owner incidental to the loss or theft of the Bike by way of liquidated damages. 

The Renter is obliged to pay the amount within a week on demand by the Owner. If the renter fails in paying this amount the following steps will be applied: a) The renter will be notified for the payment by text message and email in 3 days. b) A letter of demand will be sent in 7 days to the renter by Sydney Ebike Rentals via text message, email, and registered post if the renter does not agree to pay his / her debt. c) The renter will be sued by Sydney Ebike Rentals if failed to comply with the conditions stated in the letter of demand. In such case, the renter will be liable to cover all the legal fees outlaid by Sydney Ebike Rentals. If the renter is a foreign national SER will also contact the embassy or consulate of the place of Nationality and report the unpaid amounts owing and any legal action that has taken place. This may affect the ability for a person to leave Australia if there is an outstanding warrant or court appearance.

Maintenance, Security and Safety:The Renter hereby agrees to: a. maintain the Bike to the same standard in which the Bike is supplied to them in; b. complete the safety and maintenance checks outlined in the SER Guide; and c. attend at a nominated SER location with the Bike for the Bike to be serviced. Servicing the Bike: Regular servicing is necessary for the Company(Sydney Ebike Rentals) to ensure the continued safety of the Bike. The Renter agrees to attend at a nominated Sydney EBike Rental location with the Bike for regular servicing, for every 30 days or as directed by the Company at any time. If the Renter fails to attend a regular service as required, a late fee of $5/day for every kilometre travelled over the two weeks since the Bike’s last service will be incurred. Standard services are provided to the Renter at no cost to the Renter, however SER or their representative identifies any damage requiring repair (apart from fair wear and tear), including (but not limited to) a flat or punctured tyre( $25), lost keys ($20 each) lock($70) or other accidental damage, the Renter will be responsible to pay for such repairs.

Dispute Resolution: If a dispute arises between the Parties, the Party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause. The Party must inform the other party in writing of the nature of the dispute, the outcome they desire to resolve the dispute, and the action they believe will settle the dispute. On receipt of the notice by the other Party, both Parties will make every effort to resolve the dispute by mutual negotiation within 7 Business Days. If the Parties are unable to resolve the dispute in that time, the Parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of NSW appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The Parties must each pay their own costs associated with the mediation, which must be held in Sydney, NSW, unless otherwise agreed in writing. All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. This clause survives termination of this agreement.

Assignment: The Renter may elect to assign their rights and obligations under this agreement to another person, subject to Sydney Ebike Rentals a written approval. Such approval may be subject to the provision of additional information and conditions. Sydney Ebike Rentals decision on assignment will be final. In the event of an assignment, the Renter must pay all charges up and including the effective date of the assignment.

Termination: Notwithstanding anything to the contrary in this Agreement, either Party may terminate this Agreement by giving the other Party Three (3) days’ notice in writing. If a payment remains outstanding for more than seven (7) Business Days, or the renter demonstrates unethical behaviour, the Owner may terminate this Agreement immediately by giving notice in writing, SMS, Whatsapp or Email. If Sydney Ebike Rentals terminates the Agreement for non-payment, the Renter must immediately return the Bike to Sydney Ebike Rentals in accordance with instructions given in the notice.

Return of the Bike: On notification of termination, Sydney Ebike Rentals and Renter will agree on an End Date. The End Date must not be less than 3 days from the date of the notice, unless Sydney Ebike Rentals has consented in writing to an assignment or the Company has terminated the Agreement for non-payment, in which case the End Date will be set out in the notice. On or before the End Date, the Renter must return the Bike: a. to a nominated Sydney EBike Rental location, on or before the End Date, during operating hours; and b. in the same condition as it was at the commencement of the Rental Period (fair wear and tear excepted). The Bike will be deemed returned to the possession of Sydney Ebike Rentals when the Company or their representative acknowledges receipt of the Bike in writing. Rental Fees will continue to apply for each day (or part thereof) between the date of notification of termination and the End Date or if the Renter fails to return the Bike as set out above or as otherwise instructed by Sydney Ebike Rentals, the date that the Bike is returned to the Owner. If the Renter does not return the Bike on the End Date, then: a. the Renter must pay the Company all Rental Fees until the Bike is returned; b. after written notice to the Renter and if the location of the Bike is unknown, Sydney Ebike Rentals may report the Bike as stolen to the Police; and c. the Renter must compensate the Owner for any reasonable costs incurred in recovering the Bike.Rent to Buy clause: A customer is obliged to make full payment of Rent to Buy option and finish the entire period. If a customer wants to terminate the contract and return the bike at any point in time during the period of an ongoing contract, bond will not be refundable. In case of termination, Sydney Ebike Rentals is the only party that may cancel remaining payments and seek to recover its financial loss from either the BOND or by other means for the duration of renting. Rent only clause: A customer is obliged to make weekly/fortnightly / monthly payment the entire period of renting. If a customer wants to return the bike, Sydney Ebike Rentals must be informed 3 days in advance. In case of damage in a bike caused by the customer Sydney Ebike Rentals may seek to recover its financial loss from either the BOND or by other means for the duration of renting. In case of willing to Rent to Buy while Renting Only, the customer must sign a new contract. Customer Behavior clause: Sydney Ebike Rentals takes behaviour issues very seriously. While all our customers are a top priority for us while renting, rude and indecent behaviour with any of our staff members will not be tolerated and if found out, shall force us to cancel the contract immediately with a bike return and only fifty percent of the bond will be refunded. Sydney Ebike Rentals does not take any responsibility if the bike is carried through the bike rack/ riding the bike with the child seat.

TEST RIDE clause: While doing a test ride, you are completely responsible for the bike and your own wellbeing. You must obey the road rules and wear a helmet at all times.

Commitment Plan/Promotional offer: Commitment plan/promotional offered will be accepted by Sydney Ebike Rentals after reviewing and sending a confirmation email. A client is responsible to follow the process required for Commitment Plan/Promotional offer to be accepted by sending a request through the medium is stated below:
Purchasing a particular Plan/Offer on the website.
Sending an email to info@sydneyebikerentals.com.au stating the commitment Period/Offer a client is agreed.
Text message.

Failure to comply or breaking the commitment plan/promotional offer, a client is liable to pay 50% of the remaining value of the commitment period.
Relationship of Parties:

This is a contract for the supply of goods and services and is not intended to create any other relationship between the parties, such as employment, agency, contractor, and principal or franchisee and franchisor. Definitions:● ACL or Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). ● Authorised Use means the use for which the Renter is authorised by the Owner to use the Bike, as set out in clause7. ● Security Interest has the meaning given to it by the PSSA. ● ACL or Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). ● Authorised Use means the use for which the Renter is authorised by the Owner to use the Bike, as set out in clause7. ● Security Interest has the meaning given to it by the PSSA. ● PPSA means the Personal Properties Securities Act 2009 (Cth). ● PPSR means the Personal Properties Securities Register, given effect by the PPSA ● Unauthorised Use means any used other than an Authorised Use, as set out in clause7. ● Bike means the e-Bike set out in clause 1, together with the battery, lock and any spare battery. Interpretation In this agreement, the following rules of interpretation apply unless the contrary intention appears, or context otherwise requires: a. Headings and subheadings are for convenience only and do not affect the interpretation of this agreement. b. References to clauses, Schedules, annexures, appendices, attachments, and exhibits are references to the clauses of, and the Schedules, annexures, appendices, attachments and exhibits to, this agreement. c. References to parties are references to the parties to this agreement. d. References to a party to any agreement or document include that party's permitted assignees and successors, including executors and administrators and legal representatives. e. Words denoting the singular include the plural and words denoting the plural include the singular. f. Words denoting any gender include all genders. g. The word 'person' includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any Government Agency. h. A reference to any agreement or document (including this agreement) includes any amendments to or replacements of that document. i. A reference to a law includes: a. legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them; b. any constitutional provision, treaty or decree; c. any judgment; d. any rule or principle of common law or equity, and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts. a. No provision of this agreement will be construed adversely to a party because that party was responsible for the preparation of that provision or this agreement. b. A reference to time is a reference to the time in Sydney, NSW, unless otherwise specified. c. A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later. d. If any act is required to be performed under this agreement by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day. e. If any act is required to be performed under this agreement on or by a specified day and that day is not a Business Day, the act must be performed on or by the next Business Day. f. A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency. g. Specifying anything in this agreement after the terms 'include', 'including', 'includes', 'for example', 'such as' or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary. h. Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings. Changes to terms An amendment or variation of any term of this agreement must be in writing and signed by each party. . Agreement of terms and receipt of the Bike By signing this Agreement, the Parties agree to all terms in this Agreement and the Renter acknowledges receipt of the Bike.

Signed by the Renter: Signed on behalf of the Owner by an authorised representative : Sydney EBike Rental Email: info@sydneyebikerentals.com.au or message us via SMS on 0480 018 349 Sydney EBike Rental location: 210 Harris St. Pyrmont, NSW, 2009

Australia Warranty and Waiver by Renter I, __________________________ , warrant to the Owner: ● I am reasonably fit and healthy, such that I can ride the Bike for the purpose which I intend to use it for, which may include personal use or commercial use, such as delivery services; ● I am a proficient cyclist and am confident I can ride the Bike for such purpose, including in variable traffic and weather conditions and I have completed a road safety test at the delivery company I work for ● As far as I am aware, I do not suffer from any physical or mental condition (such as colour-blindness, other vision impairment, balance impairment, epilepsy or cardio-respiratory condition) which may impact on my ability to safely control the Bike, including in variable traffic and weather conditions; ● I have read and understood the Sydney EBike Rental Agreement and Sydney EBike Guide, and agree to comply with all my obligations under same, including the following: ● I will wear an Australian Standard-compliant helmet (AS/NZS 2063:2008 or as updated from time to time) at all times whilst riding the Bike (unless I hold a valid exemption under local law); and ● I will satisfy myself on each occasion before commencing a ride that the Bike is roadworthy (including front and back lights if I intend on riding after sunset); ● I will not operate the Bike in a negligent manager, or in violation of any laws. I acknowledge that the purpose of this Warranty and Waiver is to help ensure my personal safety and the safety of other road users when I am using the Bike under the agreement between me and the Owner. I acknowledge and agree that I am not an employee of the Owner and that the collection of this information does not deem the Owner to be my employer or agent in relation to the use of the Bike. Representative SER Name: SYDNEY EBIKE RENTAL BSB: 012030 Account Number: 472660373 ABN: 21 634 832 090.