CycleHosts Rider Agreement
Bicycle Buyer Pty Ltd (trading as CycleHosts) (CycleHosts, we or us) operates an online platform allowing approved hosts of bicycle Event experiences (Hosts) 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, you) 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).
By signing up to an Event offered on the CycleHosts Platform you agree to be bound by this Agreement.
1. CycleHosts provides the platform only. To the extent allowed by law, 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.
ELIGIBILITY TO REGISTER
3. To create and 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).
5. 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 ride event/experience to offer creates an account with CycleHosts, posts description of the service to be provided (including, but not limited to, the cost of the Event) (Event).
(b) 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).
(c) The Host and Rider can communicate privately regarding additional details of the Event using a CycleHosts private messaging service or using the contact details provided by each party.
(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.
(e) Once an Event is complete, Riders are strongly encouraged to complete a CycleHosts service review using any feedback features on the CycleHosts Platform. CycleHosts may contact you to remind you to submit your review.
PAYMENT, REFUNDS AND CREDIT
6. 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.
7. You understand that an Event Contract may be cancelled or the dates rescheduled in the Host’s discretion, in the case minimum numbers are not reached or the Host considers that the weather conditions will be too adverse to proceed. In this case, as much notice as possible will be provided and Payment will be refunded to you. In this event, to the extent allowed by law, the Host’s and CycleHost’s liability is limited to the Payment.
8. 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.
LIMITATION OF LIABILITY
9. 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 sign up for an Event knowing the inherent risks posed by the sport and the nature of the services.
10. 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 Event Fee.
11. 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.
12. 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.
14. 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.
MODIFICATIONS TO THE AGREEMENT
15. CycleHosts may modify this Agreement and/ or the Policies (and update the CycleHosts pages on which they are displayed) from time to time. CycleHosts may send notification of such modifications to your CycleHosts account.
16. 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.
17. 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.
MEDIATION AND DISPUTE RESOLUTION
18. CycleHosts encourages you to try and resolve disputes (including claims for returns or refunds) with the Host of your Event 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.
19. 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. 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.
20. CycleHosts has the right to hold any Event Payment the subject of a dispute, until the dispute has been resolved.
21. If you have a complaint about the CycleHosts Service please contact us.
22. Either party may terminate an account and this Agreement at any time for any reason.
23. 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 paying the price as applicable.
24. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
25. This Agreement is governed by the laws of Victoria, Australia. You and CycleHosts submit to the exclusive jurisdiction of the courts of Victoria, Australia.
26. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
27. 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.
28. This Agreement may be assigned or novated by CycleHosts provided there is no material detriment to you.
29. This Agreement sets out the entire understanding and agreement between you and CycleHosts with respect to its subject matter.
Version March 2017