CycleHosts Host Agreement
Bicycle Buyer Pty Ltd (trading as CycleHosts) (CycleHosts, we or us) operates an online platform allowing approved Hosts of bicycle events and experiences (Hosts or you) to connect with members of the public who are interested in taking the event offered on the platform and sign up and pay for the event (Riders) using the platform including through our website at https://www.cycleHosts.com.au/ or any other platform we may introduce in the future (CycleHosts Platform).
An application by you to become a Host confirms that you agree to be bound by this Agreement, though CycleHosts is in no way bound to accept your application.
SCOPE OF CYCLEHOSTS SERVICE
1. CycleHosts provides the platform only. Apart from enabling a Rider to find a Host to provide an event, CycleHosts accepts no liability for any aspect of the Rider and Host interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of services. CycleHosts has no obligation to assist or involve itself in any way in any dispute between a Rider and a Host but will use its best efforts to provide guidelines and mechanisms for resolution where possible.
2. All information related to services to be performed or goods to be provided is supplied by Hosts. Unless expressly stated to the contrary, CycleHosts reserves the right to, but does not have any ability or responsibility to review, approve or verify any Host provided information prior to publication on the CycleHosts Platform.
ELIGIBILITY TO REGISTER
3. To create an account and use the CycleHosts Services you must be over 18 years of age.
4. While you are registered with CycleHosts you must maintain control of your CycleHosts account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
5. At its reasonable discretion, CycleHosts may refuse to allow any person to register or create an account with CycleHosts or cancel or suspend any existing account.
6. The CycleHosts Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the CycleHosts Service may be separately described on the CycleHosts Platform.
(a) A Host with a bicycle event/experience to offer creates an account with CycleHosts, posts an accurate and complete description of the service to be provided (including, but not limited to, the cost of the event) (Event).
(b) The Host and Rider communicate privately regarding additional details of the Event using a CycleHosts private messaging service / using the contact details provided by each party.
(c) Once a Rider has paid the agreed price then the Host and the Rider will be deemed to have entered into a separate contract under which the Rider agrees to purchase, and the Host agrees to provide the Rider with the services or goods (Event Contract).
(d) The terms of the Event Contract incorporate the terms of this Agreement (to the extent they apply to the Rider and the Host) and any additional terms and conditions agreed between the Rider and the Host, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in an event Contract that conflict with this Agreement. The terms of this Agreement incorporated into an event Contract take priority over any other terms agreed between a Rider and Hosts in the Event Contract to the extent of any inconsistency.
(e) The Hosts must provide the services or goods to the Rider in accordance with the Event Contract, unless the services, goods or transaction is prohibited by law, by this Agreement, an agreement with a Third Party Provider or by any of our Policies.
(f) Once a Host has provided the Event in accordance with the Event Contract and has provided notice that the Event is complete, the fee will be paid to the Hosts after the deduction of the relevant fees set out in the Service Fee Schedule and described in Fees below (Service Fees).
(g) Once an event is complete, Riders are strongly encouraged to complete a CycleHosts service review using any feedback features on the CycleHosts Platform.
(h) The CycleHosts Platform may from time to time include location/ map-based functionality. The CycleHosts Platform may display the location of Hosts to persons browsing the CycleHosts Platform. Each Host will be asked to provide the street and suburb where the Event will begin and a description of the Event. A Host should never disclose personal details such as Host's full name, street number, phone number or email address in an event description or in any other public communication on the CycleHosts Platform as these details will be provided to the Rider when a Rider books an event.
PAYMENT, REFUNDS AND CREDIT
7. Where a Rider pays an agreed price for goods or services in respect of an event (Payment) that Payment will be used to pay the Hosts and CycleHosts in accordance with this Agreement. If that payment cannot be made for any reason the Payment moneys will be handled in accordance with this clause.
8. If the Rider and the Hosts mutually agree to cancel the Event Contract or if CycleHosts is satisfied that the Payment should be refunded and there is no dispute between the Rider and the Hosts, then CycleHosts will refund the Payment back into the Rider's nominated account.
9. If, for any reason, the Payment cannot be transferred or otherwise made to the Hosts or the Rider (as the case may be) or no claim is otherwise made for a Payment, the Payment will remain in the CycleHosts Account until paid or otherwise for up to three months from the date the Rider initially made payment
10. CycleHosts may use a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Rider and Hosts (Escrow Provider).
11. CycleHosts may offer its Hosts an opportunity to obtain insurance for CycleHosts. All such insurance is offered by a third party. Application and terms and conditions for such third party insurance are located at cycleHosts.com.au/insurance. CycleHosts confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services and are subject to the policy limits. Full details can be requested by you. CycleHosts may also elect to obtain its own insurance that may provide cover for CycleHosts Users.
12. CycleHosts does not represent that the insurance offered via the CycleHosts Platform is adequate or appropriate for any particular User. Each Host must make its own enquiries about whether any further insurance is required. In the event you are required by law to obtain workers compensation insurance for example, you will need to obtain such insurance in your own name. The insurance will not cover you in the event you breach any professional duty, you incur fines, penalties, punitive or aggravated damages.
13. You must at all times exercise reasonable care that only competent employees are employed and take reasonable measures to:
(a) maintain your premises and equipment;
(b) prevent personal injury and or property damage; and
(c) to comply with all statutory obligations, by-laws or regulations imposed by any public authority for the safety of persons or property.
14. The Hosts acknowledges and agrees that in the event that a Rider makes a claim relating to any services performed and/or goods provided by Host, and the insurance taken out by CycleHosts (if any) responds to that claim then this clause applies. CycleHosts may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by CycleHosts from the Host. Where CycleHosts makes a claim and the insurer assesses that the Hoss is responsible, CycleHosts is entitled to rely on that assessment.
15. The Hosts acknowledges and agrees that in the event that a Rider makes a claim relating to any services performed and/or goods provided by an Hosts, and the insurance taken out by CycleHosts (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. CycleHosts may elect to pay an amount to the Rider to settle the claim. To the extent that the Hosts was or would be liable for the amount of the claim the amount paid by CycleHosts may be recovered by CycleHosts from the Hosts. CycleHosts may also elect to set this amount off against future moneys it may owe to the Host.
16. CycleHosts may include tools to help CycleHosts Users to verify the identity of other CycleHosts Platform Users (Identity Verification Services). These tools may include: mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the CycleHosts Service to request other users to post a reference on the CycleHosts Platform endorsing that user), integration with social networking sites such as Facebook, Twitter and Linked In and verification icons or badges displayed in association with a Host.
17. You agree that at all times:
(a) you will comply with this Agreement (including all CycleHosts Policies) and all applicable laws and regulations;
(b) you will post only accurate information on the CycleHosts Platform and any information posted on CycleHosts Platform must not, in any way whatsoever, be potentially or actually harmful to CycleHosts or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by CycleHosts. Without limiting any provision of this Agreement, any information You supply to CycleHosts must be up to date and kept up to date and must not:
(i) be false, inaccurate or misleading or deceptive;
(ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(iii) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(iv) be defamatory, threatening or harassing; or
(v) be obscene or contain any material that, in CycleHosts' sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(c) you will promptly and efficiently perform all your obligations to other CycleHosts users under an event Contract and to CycleHosts under this Agreement; and
(d) you must have the right to provide goods and services under an event Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under an event Contract.
18. You grant to CycleHosts an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the CycleHosts Platform for the purpose of including that material and information on the CycleHosts Platform and as otherwise may be required to provide the CycleHosts Service, for the general promotion of the CycleHosts Service and as permitted by this Agreement.
19. Registering and creating and account with CycleHosts is free.
20. If a Rider has booked to participate in your Event, you agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to CycleHosts (or its nominee), which are inclusive of GST.
21. The Service Fees will be deducted and paid to CycleHosts when the agreed price is released to the Hosts.
22. If a Hosts agrees to pay some of the costs as part of completing an event, Hosts is solely responsible for having those costs reimbursed by the Rider. CycleHosts will not be responsible for obtaining any reimbursement from a Rider. We advise Hosts not to agree to incur any costs for a Rider in advance of payment by the Rider, unless the Hosts is confident that the Rider will reimburse the costs promptly.
23. CycleHosts may with reasonable notice change the Service Fees and the terms applying to their payment but the change will not take effect for any currently scheduled events unless it is beneficial to you.
24. Where a Host is supplying goods or services, the Hosts must not charge a Rider additional fees on top of the agreed price for the goods or Services under the Event Contract.
25. An advertised Event must include the following details in order to be accepted by CycleHosts:
(c) equipment needs; and
26. CycleHosts is entitled to suspend or terminate your account at any time if CycleHosts has reason for concern regarding any feedback about you, or considers your feedback rating to be problematic for other CycleHosts Users.
LIMITATION OF LIABILITY
27. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, CycleHosts specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between Riders and Hosts. You undertake to perform the services knowing the inherent risks posed by the sport and the nature of the services.
28. Except for liability in relation to a breach of any Non-excludable Condition, CycleHosts' liability to any User of this service is limited to the total amount of fees paid by CycleHosts to the Host during the twelve month period prior to any incident causing liability of CycleHosts.
29. CycleHosts' liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
32. Except for liability in relation to any Non-excludable Condition, the CycleHosts service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. CycleHosts make no representation as to profit or proceeds that can be made using the CycleHosts’ Platform.
MODIFICATIONS TO THE AGREEMENT
33. CycleHosts may modify this Agreement and/ or the Policies (and update the CycleHosts pages on which they are displayed) from time to time. CycleHosts will send notification of such modifications to your CycleHosts account. You should check that account regularly.
34. Except as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the CycleHosts Platform in any manner after the expiry of that 30 day period or such other notice period notified to you, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
35. If you do not agree with any changes to this Agreement (or any of our Policies), you may terminate your CycleHosts account and stop using the CycleHosts Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any CycleHosts Policy cannot be amended except in writing signed by you and CycleHosts.
36. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind CycleHosts, its related entities or affiliates in any way whatsoever.
MEDIATION AND DISPUTE RESOLUTION
37. CycleHosts encourages you to try and resolve disputes (including claims for returns or refunds) with other CycleHosts Users directly. Accordingly, you acknowledge and agree that CycleHosts may, in its absolute discretion, provide such of your information as it decides is suitable to other parties involved in the dispute.
38. CycleHosts may provide access to a third party dispute resolution service (Third Party Dispute Service). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. CycleHosts confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
39. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
40. CycleHosts has the right to hold any Event Payment the subject of a dispute, until the dispute has been resolved.
41. If you have a complaint about the CycleHosts Service please contact us here.
42. If CycleHosts provides information of other CycleHosts Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify CycleHosts against any claims relating to any other use of information not permitted by this Agreement.
43. Either party may terminate an account and this Agreement at any time for any reason.
44. Termination of this Agreement does not affect any Event Contract that has been formed between CycleHosts Users. If you have entered an event Contract You must comply with the terms of that Event Contract including providing the goods or services or paying the price as applicable.
45. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
46. This Agreement is governed by the laws of Victoria, Australia. You and CycleHosts submit to the exclusive jurisdiction of the courts of Victoria, Australia.
47. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
48. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
49. This Agreement may be assigned or novated by CycleHosts provided there is no material detriment to you.
50. This Agreement sets out the entire understanding and agreement between you and CycleHosts with respect to its subject matter.
Version March 2017
Should you wish to Host and subsequently be covered by Cycle Hosts insurance, please acknowledge your acceptance of the above agreement.