Terms of Service
Australia
Last updated 20 September 2023
Please read these terms and conditions carefully. When signing up to use any of the services, you will be asked to review these terms and conditions. Once you proceed, you agree to be bound. If you do not agree with these terms and conditions, you must not use the services.
You also agree that using the Platform, App or Services in any country other than the place where you first registered an account on the App will be subject to the Terms of Service that apply in that other country. The Terms of Service that apply in each country where we provide the Services are available here.
1. Information about us
1.1 The Services are provided and operated by Neuron Mobility (Australia) Pty. Ltd. (“we“, “us” or “Neuron”). We are a proprietary limited company registered in Australia.
2. These terms
2.1 These terms and conditions, including the Schedule (“Terms“) are a legally binding agreement between “you” and Neuron.
2.2 By creating an Account with us, or by accessing and / or using the Services, you agree to be bound by these Terms, and the associated Riding Rules (see clause 5) and Privacy Policy (see clause 7). If you do not agree with any of the provisions of these Terms, or the associated policies, you must not use the Services. If you have any questions about these documents and your rights, you should seek independent legal advice.
2.3 By creating an account with us, or by accessing and / or using the services, you confirm and agree that:
2.3.1 you have read and understand these terms; and
2.3.2 you are aware that by agreeing to these terms, to the extent permitted by law, you are waiving certain legal rights that you or your heirs, next of kin, executors, administrators, assigns and representatives may have against Neuron.
2.4 We may amend the Terms — and associated rules, policies and supplemental terms — from time to time at our sole discretion. We will provide you with reasonable notice of any material updates to these Terms. Except in relation to any changes to protect the safety of any person or reflect amendments to local laws or regulations, and subject to applicable law, you are entitled to a refund on a pro rata basis in circumstances where:
2.4.1 you have purchased a Pass; and
2.4.2 In Neuron’s reasonable opinion, a change to the Terms has a major detrimental effect on you.
2.5 You must carefully read the Terms outlined below as they apply to your access and use of the Services.
3. Your Legal Capacity to Accept These Terms
3.1 You represent and warrant to us that you are at least 18 years old and acknowledge that any use of the Services by any minor under 18 years old is strictly prohibited, subject to clauses 3.2, 3.3 and 3.4.
3.2 Notwithstanding clause 3.1, if you are using the Services in a location where the applicable Riding Rules permit persons aged 16 years or older but under the age of majority in their state of territory of residence to use the Services, you represent and warrant to us that you are at least 16 years old and have the legal capacity to assume your obligations under these Terms, and acknowledge that any use of the Services by any person under 16 years old is strictly prohibited.
3.3 If you are 16 years or older but under the age of majority in your state or territory of residence then, in order to use the Services in a location where the applicable Riding Rules permit this:
3.3.1 you confirm that you fully comprehend the nature of the Services and the inherent risks in using the Services (see Clause 20.9.1);
3.3.2 you must have consent from your parent or legal guardian to enter into these Terms and to use the Services;
3.3.3 your parent or guardian must review these Terms, and you must obtain your parent’s or legal guardian’s acceptance of these Terms and their agreement to be your guarantor by taking responsibility for your actions, any charges associated with your use of the Services, and your acceptance of and compliance with these Terms;
3.3.4 you represent, acknowledge and agree that you are assuming the obligations in these Terms with your parent’s or legal guardian’s permission;
3.3.5 you represent and warrant that you have complied with the requirements set out in sections 3.3.1 through 3.3.4; and
3.3.6 you must not access or use, and you must immediately stop accessing and using the Services if you do not have consent from your parent or legal guardian as set out above.
3.4 If you are a parent or legal guardian of a minor who is 16 years or older that uses (or may in future use) the Services then you hereby:
3.4.1 acknowledge and agree that you have reviewed these Terms and consent to the minor accepting these Terms, being bound by these terms, and using the Services;
3.4.2 irrevocably and unconditionally agree to be the minor’s guarantor of all obligations under the Terms at least to the extent to which the minor would be bound if they were not a minor, and be fully responsible and liable for the minor’s compliance with these Terms and the minor’s use of the Services;
3.4.3 agree to the disclaimers, waivers and limitations of liability set out in these Terms on your behalf and on the minor’s behalf; and
3.5 agree to be liable for and to fully indemnify and hold us harmless for and against any loss, damage or claims arising from or related to the minor’s use of the Services or the minor’s failure to comply with these Terms except to the extent the loss, damage or claim is caused by Neuron’s negligence, wilful misconduct or fraud.
4. Services
4.1 The Terms govern your use of the following:
4.1.1 our websites;
4.1.2 our technology platform (the “Platform”) that enables the renting of vehicles, currently accessible via our mobile applications (“App”); and
4.1.3 electric motorised standing kick scooters and power assisted bicycles (each a “Vehicle” and collectively the “Vehicles”) rented on the Platform
(each a “Service” and collectively the “Services”).
5. Rules
5.1 In addition to these Terms, by renting Vehicles on the Platform, you also agree to abide by and be bound by the applicable Riding Rules for your relevant location (the “Riding Rules”) found here. These Riding Rules form part of these Terms. Where reasonably practicable, we will provide you with reasonable notice of any material updates to the Riding Rules, except where the update is made in order to reflect amendments to local laws and regulations (including applicable road rules) where we may not provide prior notice.
5.2 You acknowledge and agree that all terms, provisions and agreements outlined in the Riding Rules are incorporated in these Terms by reference with the same force and effect as though fully set out in this document. The Riding Rules detail a number of safety, and other, restrictions which you must comply with to safeguard yourself and others, and to ensure that you respect and comply with local laws and regulations. The App includes further rules and details of no parking zones and low speed zones which you must comply with.
5.3 Depending on where in the world you may be using our Vehicles, different sets of Rules may apply to you. You agree to regularly and diligently check the Riding Rules and any further information available on the App which relates to the safe and proper use of the Vehicles to respect local laws and regulations.
6. Rental
6.1 You represent and warrant that you:
6.1.1 are the only person that will use the Vehicle unlocked by you as an individual Account Holder or designated to you as a Group Rider on a Group Ride (see clause 12 Group Rides);
6.1.2 are reasonably competent and physically capable of using the Vehicle;
6.1.3 are capable of, and responsible for, determining whether the conditions make it safe to operate the Vehicle;
6.1.4 are capable of handling the Vehicle safely in accordance with government regulations and guidelines and any applicable road safety rules;
6.1.5 will be responsible for any tickets, citations, fines, penalties, and administrative fees incurred as a result of your use of the Vehicle; and
6.1.6 will conduct a basic safety check of the Vehicle prior to use, including a visual check, a check of the battery capacity and a check of the functionality of the brakes, and that you will not use the Vehicle if there are any noticeable issues with the Vehicle which could affect its safety.
6.2 You acknowledge that:
6.2.1 it is your responsibility to adapt your driving (by adapting, for example, your speed, riding behaviour and braking distance) taking into account external factors which lead to a greater risk to you or the Vehicle (for example, your general ability, your medical condition and weather conditions); and
6.2.2 the Vehicle’s batteries will require charging from time to time and it is your responsibility to check that the level of charge of the batteries of the Vehicle is sufficient to cater for your planned use of the Vehicle. The charge level can be found on the App and on the Vehicle.
6.3 The maximum rental period is 24 hours. You must not allow a Vehicle to be left in a ‘no parking zone’ (as indicated on the map in the App) at the end of the trip.
6.4 You must immediately notify Neuron (and where appropriate, the police) if you:
6.4.1 become aware of any defect of a Vehicle;
6.4.2 are involved in an accident when operating the Vehicle (or aware of any damage or injury that arises through use of the Vehicle); and
6.4.3 are aware that a Vehicle is stolen, and in these circumstances, you must contact us at info@neuron.sg or via the App,
and in all the circumstances the provisions of clause 20.7 shall apply.
7. Privacy
7.1 We collect personal information about you in order to activate and register an Account, in order to provide you with the Services and for the purposes set out in our Privacy Policy (the “Privacy Policy“).
7.2 We may disclose that information to third parties that help us deliver the Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia in accordance with our Privacy Policy.
7.3 Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding your handling of your personal information; and (iii) how we will handle any complaint. If you would like any further contact information about our privacy policies or practices, please contact us at one of the contact methods specified in the Privacy Policy.
7.4 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and in these Terms.
7.5 As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications may be sent within the App or via text (SMS) messages. These communications are considered part of the Services and you consent to us sending them to you, so far as the communications are required for the use of the Services.
7.6 Further details of our processing activities are detailed in our Cookie Policy found here.
8. Changes to the services
8.1 We may, at our sole discretion at any time:
8.1.1 change the form and nature of the Services;
8.1.2 stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally;
8.1.3 create limits on use of the Services; or
8.1.4 suspend our vehicle rental program or operations in any of our cities or markets.
8.2 You acknowledge and agree that:
8.2.1 we will, where reasonably practicable, provide you with reasonable notice regarding any material changes we make pursuant to clause 8.1; and
8.2.2 however, we may not provide you with prior notice if the changes are necessary, in our reasonable opinion, to protect the safety of any person or are imposed in order to reflect amendments to local laws or regulations (including applicable road rules) or in circumstances where it is impracticable to do so.
8.3 Where we make material changes pursuant to clause 8.1, if you have purchased a Pass, you may be entitled to a refund on a pro rata basis of any Charges and / or fees for unused rental periods if:
8.3.1 in our reasonable opinion, the material change has a major detrimental effect on you; or
8.3.2 Neuron’s rental service is discontinued, suspended, or is generally unavailable, for a period of more than 15 days;
Any such refund shall be in accordance with any applicable laws, including any applicable statutory consumer guarantees, contained in the Australian Consumer Law.
8.4 Notwithstanding clause 8.3, subject to the Australian Consumer Law, you will not be entitled to any refund in relation to any changes to the Services and / or Riding Rules made to protect the safety of any person or reflect amendments to local laws or regulations.
8.5 These Terms and the provision of the Services are contingent on government and regulatory approvals which can be withdrawn or suspended at any time. You agree to comply with all local authority, regional authority and government requirements and acknowledge that your failure to do so can cause loss to us. You further acknowledge that these Terms may be altered in response to local authority, regional authority and / or government requirements at any time. In the event permission and consent of the Services is withdrawn or suspended by local authority, regional authority or government, you agree to comply with our reasonable requirements to ensure compliance with local authority, regional authority and government requirements, and agree to provide all reasonable cooperation to us to ensure that we are able to comply with the same requirements.
9. Accessing the services
9.1 Access to our Services is permitted on a temporary basis. In particular, the maximum rental period for a Vehicle is 24 hours.
9.2 You are responsible for making all arrangements necessary for you to have access to our Services, including ensuring that you have an appropriate driving licence and / or helmet if required by applicable laws or regulations.
9.3 Unless otherwise agreed by Neuron in writing, the Services are made available solely for your personal, non-commercial use.
10 . Your account and password
10.1 To use certain Services, you may be required to download the Neuron App and create an account (an “Account”). You are responsible for safeguarding the password for your Account and for any activities or actions on your Account. We encourage you to use strong passwords with your Account. You must treat such information as confidential. You must not disclose it to any third party. Neuron cannot and will not be liable for any loss or damage arising from your failure to abide by the above and your failure to safeguard your Account, passwords, and other sensitive information.
10.2 We have the right to disable any password, whether chosen by you or allocated by us, or to suspend or terminate any account at any time without liability, and without prejudice to our other rights and remedies under these Terms or at all law if:
10.2.1 in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Riding Rules (see Clause 5); or
10.2.2 we suspect or discover wrongful or fraudulent use of an Account.
10.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us via our customer service channels.
10.4 You are obliged, as a condition of using the Vehicle, to provide accurate, complete, and up to date information (including personal identification) for your Account.
10.5 You must not create multiple accounts unless otherwise agreed by Neuron in writing. Creating multiple accounts is a misuse of the Services.
11. Your licence to use the platform
11.1 Neuron grants you a revocable personal, royalty-free, non-assignable, and non-exclusive licence to use the Platform and associated Apps. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Neuron in the manner permitted by these Terms.
11.2 You agree that the Services (including, but not limited to, the Vehicles) at all times remain the exclusive property of Neuron.
12. Group rides
12.1 If, as the holder of an account on our Platform or App (“Account Holder”), you initiate a group ride on our Platform using our App (a “Group Ride”), you:
12.1.1 accept the appointment made in paragraph 12.2.1 and agree that you act as agent for each other rider on the Group Ride (each a “Group Rider”) in their acceptance of these Terms, the Riding Rules and our Privacy Policy for the purpose of their use of the Services on the Group Ride;
12.1.2 represent and warrant that, in the process of initiating the Group Ride, each Group Rider enters their own correct name and other details via our App as requested and the individuals have personally accepted and agreed to these Terms, the Riding Rules and our Privacy Policy;
12.1.3 to the extent permitted by law, accept and agree that you are liable for any loss, damage or claims arising from or related to the Group Ride (whether caused by you or a Group Rider), except to the extent the loss, damage or claim is caused by Neuron’s negligence, wilful misconduct or fraud;
12.1.4 accept and agree to pay all costs, charges or fees for the use of the Services by you and each Group Rider on the Group Ride and that these amounts will be charged to your account for payment as specified in clause 13;
12.1.5 represent and warrant that all riders in the Group Ride (including you and each Group Rider) are at least 18 years or older or the minimum age expressly permitted by the applicable Riding Rules for the relevant location (if less than 18 years) or older; and
12.1.6 represent and warrant that:
a) only riders identified as a Group Rider and that have accepted these Terms, the Riding Rules and the Privacy Policy via our App will ride a Vehicle on the Group Ride; and
b) there is no more than one rider per Vehicle for the duration of the Group Ride.
c) confirm that all acknowledgements and agreements made under clause 3.4 apply to any Group Rider that is a minor.
12.2 If you access the Services as a Group Rider on a Group Ride initiated by an Account Holder, you:
12.2.1 irrevocably appoint the Account Holder as your agent to accept on your behalf these Terms, the Riding Rules and our Privacy Policy and in respect of your use of the Services for the Group Ride;
12.2.2 agree and acknowledge that, notwithstanding the appointment in paragraph 12.2.1, you expressly agree to be bound by, and comply with, these Terms, the Riding Rules and our Privacy Policy (and that, if you are a minor, your parent or legal guardian consents to and has agreed to be the guarantor responsible for your obligations in accordance with clause 3.4); and
12.2.3 accept and agree that you are liable for any loss, damage or claims arising from or related to your use of the Services on the Group Ride, except to the extent the loss, damage or claim is caused by Neuron’s negligence, wilful misconduct or fraud.
13. Payment
13.1 You understand that use of the Services will result in charges as detailed in the App and on the Neuron website to you for the Services you receive (“Charges”). After you have received the benefit of Services, Neuron will facilitate your payment of the applicable Charges based on the pricing model notified to you on the App (e.g. how many minutes you use together with any unlock fee; or the rate applicable for a Pass in which case see clause 16 below).
13.2 Charges will be inclusive of applicable taxes where required by law at the prevailing rate from time to time. Charges for passes are due immediately on purchasing a Pass, charges will otherwise be collected depending on the number of minutes that you use the Device for and payment will be deducted from your stored value balance or debited from your payment card. You must input valid payment method details such as Google Pay, Apple Pay, PayPal eWallet, credit or debit card (including valid expiration date) as a prerequisite to using the Services (each a “Payment Method”). You confirm that you are authorised to use any Payment Methods you provide the details of and authorise us to charge the Payment Method for all fees incurred by you in line with the agreed Charges. You agree to immediately inform us of all changes relating to your card.
13.3 Security Deposit: We may require a security deposit for use of the Services which will be indicated to you in the App.
13.4 Temporary Hold: We may put a temporary hold for a nominal specified amount (indicated to you in the App) on your Payment Method before you begin a trip to verify your Payment Method has the necessary funds to cover the charges incurred for that trip.
13.5 Usage Fees: You may use the Vehicles on a per trip basis or as otherwise in accordance with the pricing described in the App. We will charge your agreed payment methods the amount of the fees as agreed by you on the App when you book to start riding.
13.6 Administration Fee: You may be charged the following fees in the circumstances specified below.
12.5.1 Helmet replacement fee: If you do not return the supplied helmet at the end of your ride, you may be charged a fee of up to $15.
12.5.2 Unauthorised parking fee: For example, if you leave a Vehicle in an area designated in the App as a no parking zone, or leave a Vehicle outside the permitted service zone at the end of your ride, you may be charged a fee of up to $25.
12.5.3 Unauthorised riding fee: For example, if you ride a Vehicle in an area designated in the App as a no riding zone, you may be charged a fee of up to $25.
13.7 Account in debit: In addition to any amounts due, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of these debit amounts. Such fees or charges may include collection fees, interest (calculated at 4% per annum) or other third-party charges.
13.8 Dispute: If you dispute any charge to your Payment Method, then you must promptly contact us within one month from the end of the month with the disputed charge, and provide to us all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
14. Promotional codes
14.1 Neuron may, at Neuron’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Neuron establishes on a per promotional code basis (“Promo Codes”).
14.2 You agree that Promo Codes:
14.2.1 must be used for the intended audience and purpose, and in a lawful manner;
14.2.2 may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Neuron;
14.2.3 may be disabled by us at any time for any reason at our sole discretion, without liability to you;
14.2.4 may only be used pursuant to the specific terms that Neuron establishes for such Promo Code;
14.2.5 have no cash value, and are not exchangeable for cash or vouchers or monetary benefit; and
14.2.6 may expire prior to your use in accordance with any terms of the Promo Code (e.g. expiration date).
14.3 Neuron reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Neuron determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
15. Neighbourhood Connect
15.1 From time to time:
15.1.1 certain Passes may be made available through external channels (other than via the App) for purchase by you from a third party reseller (“Reseller”); or
15.1.2 products or services of a third party supplier (“Supplier”) may be offered on the App for purchase from the Supplier, using the distribution and platform services provided by Rezdy Pty Ltd (ACN 153 242 632)(“Rezdy”).
15.2 Other than to the extent that (under the Rezdy terms found here), Neuron:
15.2.1 supplies certain Passes to Rezdy for distribution to the Reseller; and
15.2.2 resells certain products or services offered by a Supplier through Rezdy as the distribution agent,
Neuron is not in any way connected, affiliated, or associated with, nor does Neuron in any way endorse or make any representation whatsoever in respect of any Reseller or any Supplier (or any of its products or services).
15.3 When you purchase a Pass from a Reseller, you agree and acknowledge that:
15.3.1 the information you provide the Reseller to purchase a Pass must be true, accurate and complete and relate to you or a person who authorises you to act as their agent for the purchase;
15.3.2 the purchase is for your own Account or for a person who authorises you to act as their agent for the purchase and will access the Pass using their own Account;
15.3.3 any payment made to the Reseller is facilitated by Rezdy through its banking partner;
15.3.4 you have read, understood and accept the terms and conditions and any other information provided in the description of the Pass you purchased from the Reseller; and
15.3.5 your purchase is subject to these Terms and the product specific terms and conditions made available on the Rezdy platform at the time of purchase.
15.4 When you purchase goods or services offered by a Supplier and accessed by you via the App, you agree and acknowledge that:
15.4.1 the information you provide for the purchase must be true, accurate and relate to you;
15.4.2 the purchase is made only for you or any person who has authorised you to act as their agent for the purchase;
15.4.3 any payment made on the App to the Supplier is facilitated by Rezdy through its banking partner;
15.4.4 you have read, understood and accept the Supplier’s terms and conditions for the purchase and any other information in the description of the product or service presented via the App;
15.4.5 any cancellation or refund of the booking is subject to the Supplier’s terms and conditions and any agreement between Rezdy and the Supplier;
15.4.6 your purchase is subject to the Rezdy terms found here; and
15.4.7 while accessing or participating in the products or services purchased by you from the Supplier, accidents, personal injury, death and other harm can happen, including aggravation of existing health conditions, and you have been warned about these possibilities, and that (subject to the Australian Consumer Law) you assume all risk in relation to your access or participation in the products or services and this clause 15.4 will constitute a “risk warning” for the purposes of any applicable laws, including the laws set out in the Schedule, and may operate to exclude or limit any rights you might otherwise have against Neuron in relation to your purchase.
15.5 Other than as stated in these Terms or as required by any applicable statutory consumer guarantees, Neuron makes no express or implied representation or warranty, including for or on behalf of or in relation to any Supplier, Reseller or Rezdy, with respect to the products and services of the Reseller, Supplier or Rezdy (including, without limitation, warranties of satisfactory quality or fitness for a particular purpose, non-infringement, or any implied warranties arising out of the course of performance) and you warrant that you are not relying on any guarantee, representation or warranty from Neuron.
15.6 At all times and to the maximum extent permitted by law, you indemnify and hold Neuron harmless against any action, notice, demand, suit, damage, debt, account, expense, cost, lien, loss, liability, proceeding, litigation (including legal costs and disbursements on a solicitor and own client basis), chose in action, investigation, verdict or judgment of whatever nature against Neuron relating to or in connection with:
15.6.1 the purchase of, or any accessing of or participation in, products or services from a Supplier via the App or Rezdy platform;
15.6.2 the development, operation, maintenance and contents of the Reseller’s website or platform, if any;
15.6.3 the use of any intellectual property or other information belonging to or provided by the Reseller, Supplier or Rezdy; and
15.6.4 any claim, product, service, activities, operation, act or omission of the Reseller, Supplier or Rezdy.
16. Passes
16.1 You may purchase a:
16.1.1 3-day pass;
16.1.2 weekly pass;
16.1.3 monthly pass; and/or
16.1.4 such other pass as may be offered on our website, App or by a Reseller from time to time (each a “Pass”), at the price indicated on our website,the App or by a Reseller.
16.2 A Pass allows you to have as many rides as you want during the period of the Pass, subject to any daily (or other) limit on the number of aggregate rental minutes detailed under the specific terms of the relevant Pass or on our website, App or by a Reseller. A Pass may only be used to pay for rides taken within the same country in which the Pass was originally purchased. Once activated, Passes are only refundable in accordance with these Terms, including clause 8.3, or any applicable law (including the Australian Consumer Law). Further applicable terms may be made available to you at the time you purchase a Pass. By purchasing and using the Pass you agree and acknowledge that you have read and agree to those further terms.
16.3 At the time of purchasing a Pass on the App you may select whether or not the Pass you purchase will auto-renew at the end of its term by so indicating on the Passes page of the App. If you make this selection the Pass will automatically renew upon expiry and you will be automatically charged the full amount of the renewed Pass at that time, unless you change this selection before that occurs. You may change your auto-renew selection at any time on the Passes page of the App.
17. Insurance and loss
NOTE: Please refer to section 4 of the Riding Rules for information on WHAT TO DO IF THERE IS AN ACCIDENT.
17.1 Your safety and peace of mind is important to us, however any insurance held by Neuron may not necessarily cover you for any injury, harm, damage or loss you may suffer in the event of an accident (or otherwise related to your use of the Services) and you should give consideration to obtaining your own insurance.
17.2 You may invalidate any relevant insurance if you fail to comply with these Terms or the Riding Rules and you may be liable for any costs that flow from that. This may apply in particular (but without limitation) if you ride:
17.2.1 without any necessary driving or other licence (where applicable);
17.2.2 when under the age of 18;
17.2.3 while under the influence of alcohol or other drugs;
17.2.4 without a helmet;
17.2.5 with deliberate recklessness;
17.2.6 with a passenger;
17.2.7 the Vehicle for commercial use; or
17.2.8 a Vehicle not under your own account.
17.3 You acknowledge that any use of the Services that is in breach of these Terms or is otherwise in breach of any local authority, regional authority or government rules may void all insurance, accident or liability coverages (to the extent permitted by law) and you acknowledge and agree that you may be responsible for all loss or damage to, or connected with, your use of the Service, to the extent that such loss or damage is connected to such prohibited use.
18. Damaged, lost, or stolen vehicles
18.1 Neuron reserves the right to take all necessary actions available to it at law if, in our reasonable opinion, a Vehicle rented by you is determined to have been damaged (fair wear and tear excepted), lost or stolen in circumstances where such damage, loss or theft could have reasonably been avoided by you, including but not limited to:
18.1.1 making a police report against you;
18.1.2 charging your payment method on file in an amount reflective of the cost to Neuron to repair or replace the Vehicle; and / or
18.1.3 commencing recovery actions and proceedings against you.
18.2 In each case described above, we may hold you liable for: (a) our reasonable costs to repair a Vehicle damaged by you to the standard of the Vehicle pre-rental; and / or (b) the full replacement cost of the Vehicle and / or any helmet provided to you to be used with the Vehicle, including (i) outstanding usage charges, (ii) charges and expenses incurred by Neuron in its recovery attempts, and (iii) any other reasonable costs incurred by Neuron in dealing with a lost or stolen Vehicle. This clause 18.2 does not apply to the extent any costs resulted from Neuron’s negligence, wilful misconduct or fraud.
18.3 If, in our reasonable opinion, a Vehicle rented by you is determined to have been damaged (fair wear and tear excepted), lost or stolen in circumstances where such damage, loss or theft could have reasonably been avoided by you, Neuron reserves the right to suspend or terminate your access to the Services. This extends to all Accounts that we reasonably suspect to be associated with the offending Account.
19. Our intellectual property rights
19.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio, and software) made available through the Services (the “Content“).
19.2 Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content. However, we do grant you a limited licence to access the Services on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and / or our third party licensors.
19.3 You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the Content, or create derivative works with respect thereto, except with the prior written consent of Neuron or unless expressly permitted in these Terms.
19.4 Subject to the Australian Consumer Law, you agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, know how, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and / or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and / or other payments in relation to our use, disclosure, adoption, and / or modification of any or all of your Feedback.
20. Limited liability and warranty; assumption of risk and waiver
20.1 This clause limits the liability of Neuron and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, partners, representatives and licensors (collectively the “Neuron Entities“).
20.2 Nothing in these Terms will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law“), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of liability to you shall only apply to and be enforceable under these Terms to the extent permitted by law, including the Australian Consumer Law, if applicable.
20.3 We use reasonable endeavours to ensure that the Platform is free of viruses or other harmful components but cannot guarantee that the Platform will be free from unknown viruses and other harmful components.
20.4 Subject to the Australian Consumer Law, we shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms or technology outside the reasonable control of Neuron. In such cases, you may be entitled to a refund in accordance with clause 8.3.
20.5 Subject to the Australian Consumer Law, we shall not be liable to you if for any reason our Services are unavailable at any time or for any period if there are no Vehicles available because they are all rented out, or if it is necessary to ensure your safety or the safety of the Vehicles, for example but not limited to if there is a demonstration causing traffic problems or if there are bad weather conditions. In such cases, you may be entitled to a refund in accordance with clause 8.3.
20.6 We make no statement, representation or claims that your use of the Services or the Platform will comply with any laws.
20.7 To the fullest extent permitted by law, including the Australian Consumer Law, you release us from any action, proceeding, claim (including claims under statute that can be waived by you and negligence claims), demand or liability arising out of your use of the Vehicles and Services, except to the extent the action, proceeding, claim, demand or liability arises out of, or is caused by, Neuron’s negligence, wilful misconduct or fraud.
20.8 To the extent that you acquire the Services for commercial use, Neuron’s liability to you in respect of a breach of any applicable consumer guarantees under the Australian Consumer Law is limited to the resupply of the services or the cost of resupplying the services (at the option of Neuron).
20.9 You acknowledge that:
20.9.1 while operating the Vehicles, accidents, personal injury, death and other harm can happen, including as a result of falling, collisions, encountering hidden obstacles and varying terrain and aggravation of existing health conditions;
20.9.2 you have been warned about these possibilities, and that (subject to these Terms and the Australian Consumer Law) you assume all risk in relation to the operation of the Vehicles and your use of it; and
20.9.3 this clause 20.9 will constitute a “risk warning” for the purposes of any applicable laws, including the laws set out in the Schedule, and may operate to exclude or limit any rights you might otherwise have against Neuron in relation to the supply of the Services.
20.10 To the extent that the Services are a “recreational service”, “recreation service” or “recreational activity” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), the Schedule applies.
20.11 To the extent permitted by law (including the Australian Consumer Law if applicable):
20.11.1 in no event will the aggregate liability of the Neuron Entities for any claim, loss, damage, liability, cost, charge or expense (including expenses on a full indemnity basis), however, and whether present or future, fixed or ascertained, actual or contingent, exceed an amount equivalent to the lesser of any fees paid by you to us, or AU $100, regardless of the cause or form of action; and
20.11.2 unless specified otherwise in these Terms, under no circumstances will the Neuron Entities be liable for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, loss of data, personal injury or property damage, arising out of any use, or inability to use, the Vehicles and / or Services or any information presented on the Services, even if any of the Neuron Entities have been advised of the possibility of such loss or damages. The Neuron Entities will not be liable for delay or failure in performance resulting from causes beyond our reasonable control. This clause 20.11.2 does not apply to the extent the loss, damage or claim is caused by Neuron’s negligence, wilful misconduct or fraud.
20.12 You will exercise and rely solely on your own skill and judgment in use of the Vehicles and / or Services and in your use and interpretation of any information provided to you by virtue of your use of the Services, unless we agree in writing that any prior representation or agreement form part of these Terms. You are responsible to ensure that your use of the Vehicles, Services and any information presented on the Services complies with all applicable legal requirements.
20.13 We recommend that you contact our customer services channels in the event that you are not satisfied with your use of the Vehicles and / or the Services or if you do not receive a response within a reasonable timeframe to your request. Subject to the Australian Consumer Law, no lack of response to such contact will be deemed to constitute a waiver of our rights.
21. Indemnification
21.1 To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Neuron Entities from and against:
21.1.1 any tickets, citations, fines, penalties, and administrative fees, incurred as a result of your use of the Vehicles or when riding a Vehicle or otherwise; and
21.1.2 all liabilities, costs, expenses, damages, and losses of any kind or nature arising suffered or incurred by the Neuron Entities arising from and against:
a) your negligence or wilful misconduct;
b) your breach of these Terms; and
c) any claim made against the Neuron Entities for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Vehicles and/or Services,
except to the extent any liability, cost, expense, damage or loss was caused by Neuron’s negligence, wilful misconduct or fraud.
21.2 We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
21.3 To the fullest extent permitted by law, you release Livingstone Shire Council (as applicable) from all claims, actions, damages, liabilities, losses, costs and expenses whatsoever as may be suffered by you arising from your use of the Services within the applicable city area, except to the extent the claims, actions, damages, liabilities, losses, costs and expenses arise out or, or is caused by, the relevant council’s negligence.
21.4 This clause 21 will survive termination of the Terms.
22. Use of the services
22.1 We reserve the right at all times (but will not have an obligation) to refuse to provide the Services, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you.
22.2 To the extent permitted by law, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
22.2.1 satisfy any applicable law, regulation, legal process, or governmental request;
22.2.2 enforce the Terms, including investigation of potential violations hereof;
22.2.3 detect, prevent, or otherwise address fraud, security, or technical issues;
22.2.4 respond to user support requests; or
22.2.5 protect the rights, property, or safety of Neuron, its users, and the public.
22.3 You are responsible for configuring your information technology, computer programmes, and platform in order to access the Platform. You should use your own virus protection software.
22.4 You may not do any of the following while accessing or using the Services:
22.4.1 access, tamper with, or use non-public areas of the Services, Neuron’s computer systems, or the technical delivery systems of Neuron’s providers;
22.4.2 probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
22.4.3 access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
22.4.4 forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
22.4.5 interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or
22.4.6 publish or post any material that is offensive to a reasonable person or in breach of any applicable laws.
22.5 To the extent permitted by law, we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
23. Linking to us
Subject to us providing our prior written consent, you may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
24. Third-party links and resources
24.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Neuron has no responsibility for the accuracy or availability of any information provided by third parties’ services and websites.
24.2 The Services may include advertisements, which may be targeted to information on the Services, queries made through the Services, or other information. The types and extent of advertising by Neuron on the Services are set out in the Privacy Policy and are subject to change. In consideration for us granting you access to and use of the Services, you agree that Neuron and its third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services in accordance with applicable laws and our Privacy Policy.
24.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties and your access to such websites and services will be subject to their terms and conditions. Neuron has no responsibility for the accuracy of any information made available through such websites or services.
25. Severance
The illegality, invalidity, or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
26. Several users
If there are two or more persons adhering to these Terms as users, their liability under the Terms is joint and several and their rights are joint.
27. Waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
28. Termination
28.1 The Terms of Service will continue to apply until terminated by either you or us as follows:
28.1.1 You may end your agreement with us at any time for any reason by deleting your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
28.1.2 We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have materially violated these Terms, the Riding Rules or the Privacy Policy; or (ii) you create risk of possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
28.2 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement will remain in full force and effect.
29. Force majeure
29.1 Subject to the Australian Consumer Law, no party will be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations.
29.2 The affected party will use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
29.3 A force majeure event will include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, change of laws or regulations, or interference from civil or military authorities.
30. Assignment
Neuron may, acting reasonably, assign these Terms of Service, in whole or in part, to any party without giving you prior notice and without your consent. You may not assign any right under these Terms except with, and in strict compliance with any conditions of, the prior written consent of Neuron.
31. GST
31.1 The recipient of a supply must pay to the supplier the amount of the GST the supplier is liable to pay on or in respect of a supply, at the same time and in the same manner as the recipient of the supply is obliged to pay to the supplier the consideration for that supply.
31.2 The supplier must give the recipient of a supply a tax invoice at the same time as the recipient of the supply pays to the supplier an amount in payment of GST.
31.3 Expressions used in this clause that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same meaning in this clause as in the GST Act except where the context makes it clear that a different meaning is intended.
32. Governing law and jurisdiction
These Terms and, to the extent permitted by Law, all related matters including non-contractual matters, are governed by the laws of the state or territory in which the Services are consumed. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
33. Dispute resolution
33.1 Each of the parties will use their reasonable endeavours to co-operatively resolve any dispute arising in connection with the subject matter of these Terms (“Dispute”).
33.2 The Dispute must be referred by notice in writing by either party to the other party for resolution. Such notice must give full particulars of the Dispute.
33.3 Following notice of a Dispute being given, a representative of Neuron will be made available to meet with you to attempt to resolve the Dispute.
33.4 If a Dispute is not resolved within 60 Business Days, the Parties may exercise their legal rights, including by commencing proceedings.
33.5 Nothing in this clause prevents or restricts a party from instituting proceedings to seek injunctive or declaratory relief (including in circumstances where the requirements in this clause have not been complied with).
33.6 The parties acknowledge and agree that, subject to an order made by a Court, each party must bear its own costs in relation to any disputes.
34.Languages
In case of discrepancies between the English version and any other language versions of these Terms of Service and contents of our websites, the English version will prevail.
35. Contact
If you encounter any problem using our Services, or have questions about these Terms of Services, please contact us via the Enquiry Form on our website or the contact details provided below:
Email: feedback@neuron.sg
Telephone: +61 1300 501 842
For more information, you may visit our websites at www.rideneuron.com and www.scootsafe.com
Schedule – Location Specific Terms
36. Queensland, Tasmania or the Australian Capital Territory
36.1 To the extent that the Services are:
36.1.1 consumed in Queensland, Tasmania or the Australian Capital Territory; and
36.1.2 a “recreational service” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth),
clauses 35.2 to 36.4 apply.
36.2 A supplier of recreational services is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services).
36.3 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) for any:
36.3.1 death;
36.3.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
36.3.3 contraction, aggravation or acceleration of a disease;
36.3.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
36.4 The change to your rights does not apply to a significant personal injury suffered by you that is caused by the reckless conduct of Neuron as supplier of the recreational services. Neuron’s conduct is reckless conduct if Neuron is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification.
37. South Australia
37.1 To the extent that the Services are:
37.1.1 consumed in South Australia; and
37.1.2 a “recreational service” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), or any equivalent state-based laws (including the Fair Trading Act 1987 (SA)),
clauses 37.2 to 37.4 apply.
37.2 A supplier of recreational services is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law, or any equivalent state-based laws (including the Fair Trading Act 1987 (SA)), do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services).
37.3 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 1987 (SA)) for any:
37.3.1 death;
37.3.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
37.3.3 contraction, aggravation or acceleration of a disease;
37.3.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
37.4 The change to your rights does not apply to a significant personal injury suffered by you that is caused by the reckless conduct of Neuron as supplier of the recreational services. Neuron’s conduct is reckless conduct if Neuron is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification.
37.5 RECREATIONAL SERVICES – EXCLUSION, RESTRICTION OR MODIFICATION OF RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (SA)
Your Rights
37.5.1 Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is:
a) a statutory guarantee that those services will be rendered with due care and skill; and
b) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
c) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights
37.5.2 Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
37.5.3 By accessing and / or using the Services, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
37.5.4 You do not have to agree to exclude, restrict or modify your rights.
37.5.5 The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights.
37.5.6 Even if you access and / or use the Services, you may still have further legal rights against the supplier.
37.5.7 A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
37.5.8 A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights
37.5.9 By accessing and / or using the Services, you agree that the liability of Neuron for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
Definitions
37.5.10 For the purposes of this clause 37.5:
a) Recreational services are services that consist of participation in:
i) a sporting activity or similar leisure-time pursuit; or
ii) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure
b) Personal injury is bodily injury and includes mental and nervous shock and death.
Further information
37.5.11 Further information about your rights can be found at ocba.sa.gov.au
38. Northern Territory
38.1 To the extent that the Services are:
38.1.1 consumed in the Northern Territory; and
38.12 a “recreational service” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), or any equivalent state-based laws (including the Consumer Affairs and Fair Trading Act 1990 (NT)),
clauses 38.2 to 38.4 apply.
38.2 A supplier of recreational services is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services).
38.3 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) or the Consumer Affairs and Fair Trading Act 1990 (NT)) for any:
38.3.1 death;
38.3.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
38.3.3 contraction, aggravation or acceleration of a disease;
38.3.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
38.4 The change to your rights does not apply to a significant personal injury suffered by you that is caused by the reckless conduct of Neuron as the supplier of the recreational services. Neuron’s conduct is reckless conduct if Neuron is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification;
38.5 WARNING UNDER THE CONSUMER AFFAIRS AND FAIR TRADING ACT 1990
38.5.1 Under the Australian Consumer Law (Northern Territory), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services it supplies to you:
a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the supplier.
38.5.2 Under section 48 of the Consumer Affairs and Fair Trading Act 1990 (Northern Territory), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. By accessing and / or using the Services, you will be agreeing that your rights to sue Neuron under the Consumer Affairs and Fair Trading Act 1990 (Northern Territory) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms.
Important
38.5.3 You do not have to agree to exclude, restrict or modify your rights.
38.5.4 The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights.
38.5.5 Even if you access and /or use the Services, you may still have further legal rights against the supplier.
39. New South Wales
39.1 To the extent that the Services are:
39.1.1 consumed in New South Wales; and
39.1.2 a “recreational service”, “recreation service” or “recreational activity” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), or any equivalent state-based laws (including the Civil Liability Act 2002 (NSW)),
clauses 39.2 to 39.6 apply.
39.2 A supplier of recreational services, recreation services or recreational activities is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law, or any equivalent state-based laws (including the Civil Liability Act 2002 (NSW)), do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services or activities).
39.3 You access the Services at your own risk. By accessing and / or using the Services, you agree that any liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)), recreational activities and recreation services (as those terms are defined in the Civil Liability Act 2002 (NSW)) resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill is excluded (including but not limited to liability arising from the death or injury of any person or any loss, damage or destruction of any property).
39.4 To the extent that clause 38.3 does not apply or is deemed to be invalid or void, clauses 38.5 and 38.6 apply.
39.5 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)), recreational activities and recreation services (as those terms are defined in the Civil Liability Act 2002 (NSW)) for any:
39.5.1 death;
39.5.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
39.5.3 contraction, aggravation or acceleration of a disease;
39.5.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
39.6 The change to your rights does not apply to a significant personal injury suffered by you that is caused by the reckless conduct of Neuron as supplier of the recreational services. Neuron’s conduct is reckless conduct if Neuron is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification.
40. Victoria
40.1 To the extent that the Services are:
40.1.1 consumed in Victoria; and
40.1.2 a “recreational service” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), or any equivalent state-based laws (including the Australian Consumer Law and Fair Trading Act 2012 (Vic)),
clauses 40.2 to 40.4 apply.
40.2 A supplier of recreational services or recreational activities is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law, or any equivalent state-based law, do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services).
40.3 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law and Fair Trading Act 2012 (Vic)) for any:
40.3.1 death;
40.3.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
40.3.3 contraction, aggravation or acceleration of a disease;
40.3.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
40.4 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
40.4.1 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these Terms is required to ensure that the recreational services it supplies to you—
a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the supplier.
40.4.2 Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you access and /or use the Services, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms.
40.4.3 NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
41. Western Australia
41.1 To the extent that the Services are:
41.1.1 consumed in Western Australia; and
41.1.2 a “recreational service” or “recreational activity” within the meaning of s 139A of the Competition and Consumer Act 2010 (Cth), or any equivalent state-based laws (including the Civil Liability Act 2002 (WA)),
clauses 41.2 to 41.6 apply.
41.2 A supplier of recreational services or recreational activities is entitled to ask the consumer to agree that statutory guarantees under the Australian Consumer Law, or any equivalent state-based laws (including the Civil Liability Act 2002 (WA)), do not apply to the consumer (or a person for whom or on whose behalf the consumer is acquiring the services or activities).
41.3 You access the Services at your own risk. By accessing and / or using the Services, you agree that any liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) or the Civil Liability Act 2002 (WA)) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill is excluded (including but not limited to liability arising from the death or injury of any person or any loss, damage or destruction of any property).
41.4 To the extent that clause 40.3 does not apply or is deemed to be invalid or void, clauses 40.5 and 40.6 apply.
41.5 By accessing and / or using the Services, you agree that the liability of Neuron in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) or the Civil Liability Act 2002 (WA)) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:
41.5.1 death;
41.5.2 physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
41.5.3 contraction, aggravation or acceleration of a disease;
41.5.4 coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a) that is or may be harmful or disadvantageous to you or the community;
b) that may result in harm or disadvantage to you or the community,
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
41.6 The change to your rights does not apply to a significant personal injury suffered by you that is caused by the reckless conduct of Neuron as supplier of the recreational services. Neuron’s conduct is reckless conduct if Neuron is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in the conduct despite the risk and without adequate justification.