Treadly Terms and Conditions
These terms and conditions apply to your use of the Treadly Bike Hire registration and hire service. Please ensure you read and understand these Terms. By ticking the box to signify your consent to these Terms you agree to be bound by them. Upon registration for the Service, a contract based upon these Terms will be formed between you and Treadly Holding Company Pty Ltd trading as Treadly Bike Hire.
If at any time you have a query or a complaint in relation to the Service please contact Treadly Bike Hire via one of the following methods:
Telephone: + 61 (08) 8232 0158
Address: Shop 5 4-10 Ebenezer Place, Adelaide SA 5000
For general details and information about the service please visit our website: treadlybikehire.com.au
The following definitions are used in these Terms:
"Brompton Bicycle" means any bicycle hired by the Member using the Service;
"Charges" means all fees and charges for the hire of Hire Items and the Service as set out in part 2;
“Full Day Hire” means the hire of the Hire Items by the Member for a Full-day Hire Period;
“Full-day Hire Period” means a the period starting on the Hire Start Time and ending no later than 24 hours after the Hire Start Time;
“Half-day Hire” means the hire of the Hire Items by the Member for a Half-day Hire Period;
“Half-day Hire Period” means a the period starting on the Hire Start Time and ending no later than 5pm on the same day as the Hire Start Time;
“Hire Period” means the period starting on the earlier of the Hire Start Time and ending on the time the Hire Items are returned to Treadly Bike Hire;
“Hire Start Time” means the earlier of the start of the Reservation Period and Collection of the Hired Items by you;
“Hired Items” means any Brompton Bicycle and any other parts or accessories (including bicycle helmets and locks) provided to you by Treadly Bike Hire;
"Members" means a person who has registered for the Service by supplying Treadly Bike Hire with certain personal details;
"Points" means the point where the Brompton bicycles are stored by Treadly Bike Hire and from which Members may collect Brompton bicycles;
“Reservation Period” means the period in which you book or reserve to hire a Brompton Bicycle;
“Return Time” means the time that is agreed to by the Member and Treadly Bike Hire that the Hired Items must be returned to Treadly Bike Hire (being before the end of the Half-day Hire Period for Half-day Hires and before the end of Full-day Hire Period for Full-day Hires);
“Service” means the hire to you of any Hired Items under these terms.
"You" means the Member;
1. Eligibility of membership
Acceptance of any person for registration as a Member is at the complete discretion of Treadly Bike Hire. Membership will be available to members of the public that meet the following criteria and you agree that at all times you will comply with these criteria;
a) be at least 18 years of age;
b) have a fully operational Australian mobile number;
c) have a valid credit or debit card;
d) be proficient in the use of a bicycle and compliant with the applicable laws (including in relation to the influence of drugs and alcohol) governing a bicycles use on South Australian public roads and infrastructure;
e) are and will continue to be medically and physically fit and able to use the Brompton Bicycle;
(f) are not a danger to the health and safety of yourself or others;
(g) are not receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you or others to use the Brompton Bicycle; and
(h) Otherwise comply with these terms.
2. Payment structure
Members are charged for membership and for the use of Hired Items as detailed below and on treadlybikehire.com.au from time to time. These charges are payable in advance by debit card/credit card. It is a requirement for membership to the Service that the user ensures that a valid credit/debit card is always registered on the system. If the registered card expires or is without credit the Member will update the system with a suitable replacement credit/debit card without delay. While you are a Member you agree not to cancel your credit or debit card registered with us without first telling us and providing an alternative card from which we can collect Charges.
If you have a Half-day Hire and you return all Hire Items to Treadly Bike Hire in accordance with these Terms before the end of the Half-day Hire Period (being, before 5pm on the same day as the Hire Start Time), you will be charged the fee for the Half-day Hire as set out on treadlybikehire.com.au.
If you have a Half –day Hire and you do not return all Hire Items to Treadly Bike Hire in accordance with these Terms before the end of the Half-day Hire Period, you will be charged the fee for a Full-day Hire for that hire (unless Treadly Bike Hire agrees otherwise in writing). You will also be charged Full-day Hire for each day until you return all Hire Items to Treadly Bike Hire in accordance with these Terms.
If you have a Full-day Hire and you return all Hire Items to Treadly Bike Hire in accordance with these Terms before the end of the Full-day Hire Period (being, within 24 hours after the Hire Start Time), you will be charged the fee for the Full-day Hireas set out on treadlybikehire.com.au.
If you have a Full–day Hire and you do not return all Hire Items to Treadly Bike Hire in accordance with these Terms before the end of the Full-day Hire Period, you will be charged the fee for another Full-day Hire for that hire (unless Treadly Bike Hire agrees otherwise in writing). You will also be charged the fee for a Full-day Hire for each day until you return all Hire Items to Treadly Bike Hire in accordance with these Terms.
In respect of any loss, accident or theft Members must provide accurate statements and co-operate with all Treadly Bike Hire's reasonable requests for information and/or documentation. If a Hire Item is stolen, damaged, or lost whilst in your care you will be charged the current retail price for the full replacement cost of the Brompton Bicycle (currently $2000).
PLEASE NOTE: The Member's agreement to these Terms, or online acceptance of these Terms, shall constitute continuous authority for Treadly Bike Hire to compute and debit all monies due against the Member's nominated credit or debit card within a reasonable time. This includes the fees for the hire of the Hire Items and any charges due as a result of theft or loss of, or damage to, the Brompton bicycle and any other costs arising due to the Member's use of the Brompton bicycle.
3. Members obligations
It is the Member's responsibility to update Treadly Bike Hire with any changes to their information and personal data held by Treadly Bike Hire during their Membership. Updates must be made via a email to firstname.lastname@example.org
You are also personally responsible for:
(i) all your belongings and the Hired Items whilst using the Service;
(ii) ensuring the lock number issued to you by Treadly Bike Hire is kept private and confidential;
(iii) the Charges that you incur by using the Service;
(iv) observing, and you must ensure that you comply with, all applicable laws and regulations when using the Service.(v) payment of, and any liability relating to, any speeding, traffic fines or infringement notices or penalties arising from unlawful use of the Hired Items.
(vi) taking reasonable care of the Brompton Bicycles you use as part of the Service;
(vii) returning the Brompton Bicycle in the same condition to that when you hired the Brompton bicycle from Treadly Bike Hire;
(viii) your use of the Brompton Bicycle;
(ix) wearing a helmet and to ensure that the helmet provided is worn whilst using a Brompton Bicycle in accordance with applicable road laws;
(x) returning the Hire Items to Treadly Bike Hire ( in accordance with any instructions received by Treadly Bike Hire);
(xi) ensuring that your registration details (in particular your mobile number and payment details) held by Treadly Bike Hire are current and up-to-date;
(xii) using the Hire Items made available in accordance with the instructions provided by Treadly Bike Hire and with all reasonable care and attention to your own and other people's safety; and
(xiii) following any instructions from Treadly Bike Hire regarding the use of any of the Hire Items.
It is the Member's responsibility to ensure that they are competent at folding and unfolding the Brompton Bicycle. To support this there is an unfold/fold diagram on the Treadly Bike Hire website (www.treadlybikehire.com.au).
You are also responsible for any loss of the Hire Items while they are under hire to you. You must ensure during the Hire Period that you securely lock the Brompton Bicycle with the lock provided by Treadly Bike Hire if you leave it unattended. Brompton Bicycles left chained or otherwise locked in public places are extremely likely to be targeted by thieves, and the loss of any Hire Item whilst under hire to you is your responsibility.
You must immediately communicate to Treadly Bike Hire any loss, breakdown, theft, deterioration or incident that occurs in relation to the Hire Items or any other related matter during the Hire Period.
In the case of a fault in respect of the Brompton Bicycle, the Member must return the Brompton Bicycle and report the failure to Treadly Bike Hire. If it is difficult for the Member to move the Brompton Bicycle, or the bicycle cannot be folded then the Member shall contact the emergency helpline (Tel: 0408849661) to request advice from Treadly Bike Hire on the course of action to take. You must never abandon a bicycle for any reason or attempt to repair the Brompton Bicycle.
If you have an accident, you should not admit responsibility and should:
(i) Note down the names and addresses of everyone involved, including any witnesses;
(ii) Make the Brompton Bicycle secure and inform the police immediately if a person is injured or there is a disagreement as to the facts;
If the Brompton Bicycle is stolen whilst the responsibility of the Member, you should:
Note down the exact location and time of theft, name and addresses of any witnesses and inform the police immediately. The police will issue a crime number that should be carefully recorded and retained. Email Treadly Bike Hire as soon as possible on: email@example.com
Any Hired Items hired by a Member must be used solely by that Member and no other person.
The Member must not use the Hired Items off-road, nor for racing, pace making, nor testing the Brompton Bicycle's reliability and speed.
If the Hired Items are not returned within 12 hours of the Return Time ending, the Member authorises Treadly Bike Hire to debit the cost of the Hired Items (as at the current retail prices) from the Member’s provided credit card or registered debit card unless Treadly Bike Hire and the Member agree otherwise.
4. Treadly Bike Hire obligations
Please note that sometimes all or part of the Service will not be operational due to circumstances outside of our control. We reserve the right to change the advertised dates and hours of operation of the Service without giving you notice.
Treadly Bike Hire cannot guarantee that there will always be a Brompton Bicycle available for your use.
Treadly Bike Hire will carry out regular checks on all bicycles but Members must ensure that Treadly Bike Hire is informed of any problems with any Hire Items as soon as the Member becomes aware.
LIMITATION OF LIABILITY PLEASE READ CAREFULLY
Subject to the remainder of this clause 4, except as required by applicable laws, if Treadly Bike Hire fails to comply with these Terms, Treadly Bike Hire will not be liable for any losses that you suffer as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. The Service is only supplied by Treadly Bike Hire for personal and non-commercial use: this means that you may not rent out or otherwise permit other people to the Hired Items provided to you.
Nothing in these Terms excludes or limits in any way Treadly Bike Hire’s liability for any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
5. Termination of membership
If at any time a Member fails to comply with these Terms Treadly Bike Hire may either:
(i) suspend that Member’s use of the Service for such period until the Member complies with these Terms; or
(ii) terminate that Member’s membership of the Service by written notice to the Member’s email address with immediate effect.
6. Data protection
7. Violations & Fees
Members causing damage including defacement or alteration to or misuse of the Hired Items or Treadly Bike Hire, will incur the fees charged to Treadly Bike Hire by Treadly Bike Shop for the repair of the damage (a copy of the invoice from the Treadly Bike Shop to Treadly Bike Hire will be supplied to the Member upon request).If the Brompton Bike is lost, stolen or damaged beyond repair a replacement fee equal to the current retail price of the Brompton Bicycle will be charged to the Member. In the case of loss or theft of the bicycle the aforementioned fee will be refunded to the Member if the Brompton Bicycle is recovered within three months of the bicycle being reported lost or stolen, subject to the deduction of any costs to Treadly Bike Hire for repair or refurbishment of the bicycle, and a $250 administration fee.
As a precautionary measure Treadly Bike Hire may suspend the service to any Member in respect of whom it has received a report of a lost, stolen or damaged bicycle until such time that the damage has been properly investigated and any fees due have been paid in full.
In cases of multiple loss, severe damage or multiple cases of lesser damage, Treadly Bike Hire reserves the right to prohibit the Member from further use of the Service.
Our staff, representatives, contractors and agents do not have authority to make individual exceptions or variations to these Terms.
Treadly Bike Hire reserves the right to amend these Terms from time to time as it sees fit or necessary.
9. Force majeure
We will always try to run a reliable Service but Treadly Bike Hire shall not be liable for either a failure to perform or delay in performing any of its obligations if, and in so far as, performance is delayed, hindered or prevented by force majeure event, which expression shall mean any event beyond the reasonable control of Treadly Bike Hire.
If any court or competent authority decides that any of the provisions of these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.
If we fail at any time while these Terms are in force to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights and remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
Only you and we have rights under these Terms. No other person shall have rights under these Terms. You may not transfer any of your rights under these Terms to another person.
11. Governing law
These Terms shall be governed by South Australian law and if any dispute arises between Treadly Bike Hire and you want to take court proceedings, you must do so in the Australian courts.