Terms and conditions
Terms and Conditions
1.1 All risk for the Hire equipment passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safekeeping of the Hire equipment and indemnifies Healthy Hire for all loss theft or damage to the Hire equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Hirer. The Hirer accepts full responsibility for and shall keep Healthy Hire indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Hire equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.
1.2 Healthy Hire may refuse any person participation in a Hire, at Healthy Hire’s absolute discretion, whether or not that person has previously purchased a Hire. Healthy Hire will reimburse the price paid for a Hire if a person is refused participation in a Hire for any reason other than as set out above or other than by reason of breach of a clause contain in the DEED. Failure to agree to the TERMS AND CONDITIONS or the DEED will also result cancellation and refund of purchased hire.
2.1 satisfy itself at delivery that the Hire equipment is suitable for its purposes;
2.2 operate the Hire equipment safely, only for its intended use, and strictly in accordance with the road code or any other applicable laws, and using all relevant safety gear, and in accordance with any instructions whether advised by Healthy Hire or supplied with the Hire equipment.
2.3 comply with all occupational health and safety laws relating to the Hire equipment and its operation;
2.4 keep the Hire equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to client over the Hire equipment;
2.5 not alter or make any additions to the Hire equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Hire equipment or in any other manner interfere with the Hire equipment; (vii) notify Healthy Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Hirer is not absolved from the requirements to safeguard the Hire equipment by giving such notification;
2.6 on termination of the Hire, the Hirer shall return the Hire equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted;
2.7 obey the directions and instructions of Healthy Hire’s employees, and must not act disruptively or disturb other Hirers or interfere with a Healthy Hire employee’s ability to conduct any part of the Hire process in a safe and secure manner.
3.1 Site graphics, design, text are copyright Healthy Hire. Use of materials on the Site, including reproduction for purposes, modification, distribution, or republication, without prior written permission of Healthy Hire, is prohibited.
3.2 Healthy Hire and its authorised sub-contractors have the authority to create, use and reproduce any photograph taken of the Hirer for any purpose including display and purchase by or on behalf of Hirers, without prior notice or payment of compensation to Hirer.
Terms of payment
4.1 All prices on the Site are finalised in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
4.2 All Hires must be paid for at the time of making the reservation unless otherwise agreed by Healthy Hire in advance.
4.3 Healthy Hire may charge your credit card for any products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card for payment of all fees. All fees will be billed to the credit card you designate during the registration process. Healthy Hire accepts Visa, Mastercard, American Express Paypal and Apple Pay. Credit card transactions are processed through Shopify Payments or Stripe, highly respected and secure payment gateways. If at any time Healthy Hire is unable to process your credit card for payment, Healthy Hire reserves the right to charge you for any applicable default charges and/or cancel your account if payment cannot be obtained and seek recovery of any outstanding amounts due by you in accordance with applicable law.
Healthy Hire’s liability
5.1 Hirer agrees that to the extent permitted under applicable law, in no event will Healthy Hire or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent permitted by law, Healthy Hire limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at Healthy Hire’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall Healthy Hire’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by Healthy Hire in connection with the Hire giving rise to such claim.
6.1 A reference in this terms and conditions contract to a hirer, person, group or party includes natural persons, corporations, partnerships, associates and associations or other legal entity.
6.2 In this hire contract where a party comprises more than one person, those persons shall be bound by this hire contract and terms and conditions, jointly and severally.
6.3 If there is more than one hirer/person (as defined in 13.1) in a group it is the group organisers responsibility to ensure ever member of the group understands and accepts Healthy Hire’s Terms and Conditions. It is the group organisers responsibility to provide Healthy Hire with the name, contact details, drivers licence or passport details of each member of their group. By using Healthy Hire’s hire bikes, equipment and services all members of the group booking agree to these TERMS and CONDITIONS of use.
6.4 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
6.5 The failure of Healthy Hire to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Healthy Hire in writing.
6.6 These Terms and Conditions of use may be changed by Healthy Hire from time to time. Any such changes become effective immediately upon being posted to the Healthy Hire website. It is your responsibility to check the terms and conditions of use for any changes periodically and in any event prior to using Healthy Hire’s hire bikes, equipment and services. If you do not agree to any changes, you must not use Healthy Hire’s hire bikes, equipment and services in any way. Your use of the hire bikes, equipment and services indicates that you agree to the amended terms and conditions of use.
7.1 The hirer agrees that in no circumstance will Healthy Hire be liable for any injury or illness (including virus) caused or thought to be caused by Healthy Hire’s equipment. The hirer is solely responsible for their own safety when operating and/or coming into contact with Healthy Hire’s equipment or staff.