Welcome to Airbike
We’re here to ride with you.

Definitions (TBD)

• Australian Law
• Australian Consumer Law
• Bicycle
• Federal or State Laws
• Fit Health
• Functionality
• Lock
• Losses or Injuries
• Period of Use
• Road Rules
• Safely
• Sunset and Sunrise
• Payments and Charges

Introduction

By accessing and using this application, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using Airbike, you shall be subject to any posted guidelines or rules applicable to this service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service (TOS).

Safe Riding and Proper Use

The user accepts that the riding of a bicycle on private or public roads contains certain inherent risks; risks that Airbike shall be indemnified for. The user agrees to comply with all relevant Road Rules, Federal or State Laws, or any regional or private property bylaws as they relate to the use of bicycles. The user further agrees to take reasonable care for their own safety, for the safety of other Airbike users, and for the safety of the general public at large. Airbike is further indemnified for any loses or injuries caused as a result of any failure on the part of the user to uphold this standard of care. To this end, the user agrees to:

(i) wear a helmet in accordance with Australian law
(ii) ride**(use) any Airbike bicycle in a safe, reasonable and sensible manner
(iii) turn on front and rear lights if riding between sunset and sunrise
(iv) safely lock the bike at the end of each ride
(v) leave the bike in a place and manner that is public and non-obstructive to the community (preferably bicycle racks and Airbike designated areas)

Handling and Use

The user agrees to:
(i) take all reasonable steps to ensure the safety and good condition of their Airbike bicycle prior to use, including:
– checking the functionality of brakes
– checking the functionality of lights
– checking the functionality of the bicycle-bell
– a visual inspection for damage or disrepair

The user shall not make use of the subject bicycle should it fail the aforementioned efficacy check.

(ii) leave the bicycle in a place and manner that is optimal for the safety of the public and for the bike itself

Information Disclaimer

Airbike works hard to ensure that all the data and information provided is accurate and secure. Airbike does not however guarantee the absolute correctness or security of any information provided. The technology involved in our service is constantly developing and Airbike does it’s utmost to remedy any informational errors in a full and timely manner.

Data Collection and Use

Airbike collects and stores data for the purpose of delivering the service to users. Airbike reserves the right to, from time to time, share data with its industry partners in order to continue delivering and improve the service. Such information includes but is not limited to:

(i) Geospatial data for fleet management, research and infrastructure development
(ii) Information relating to user numbers, trip duration and frequency of service use

Payments and Charges

It is a requirement for the use of the service that you pay us the required amount in accordance with the instructions in the application and/or on the Airbike website.  All fee’s quoted are subject to tax’s unless this is specifically stated otherwise. We reserve the right at any time to amend the price of the service without giving notice or any reason to you.

Additional fees and charges: You may be charged an additional fee for the following

(i) Helmet Replacement Fee: If you do not return the supplied helmet once you finish your trip, or if the helmet has been damaged to the point that does not meet Australian regulations or is fit for use by the next customer while you are using the service.

(ii) If the Bike has been parked in area that is classified as a restricted/no riding or parking zone or falls outside the boundaries for which the bikes are to require to operate in.

Refund

You may request a refund by emailing support@airbike.network which will be assessed on a per case basis and may come in the form of credits or free minutes to use on the service. Refunds can be approved for hardware or software malfunction once a team has assessed the fault was caused by Airbike. Refunds may also be provided if a user’s phone runs out of battery and is not able to end their trip or you temporarily lose mobile phone reception and cannot end your trip. In such situations, Airbike will require information such as estimated duration of trip which is verified against bike tracking data to estimate expected refund amount.

Users may be entitled to a refund of any unused credits or subscriptions in a situation where:

(i) You are entitled to a refund under applicable consumer protection laws.

(ii) You have not been able to use the service due to us not being able to provide the service, or have ceased the service, except in certain force majeure events or

(iii) Where Airbike has placed limitations or have amended our service and/or policy which subsequently impacts you to a detrimental effect after the purchase of a subscription or credit.

Promotions

Airbike, from time to time run special promotions through the application and website. Before taking advantage of a promotion being offered, you must read the terms and conditions of the promotion being offered as they may at time have special conditions attached. All users must abide by any special terms and conditions outlined in the promotion to take full advantage of an offer. To the extent that the terms and conditions in the promotion conflict with these terms and conditions, the terms and conditions of such promotion or rule shall apply.

Information and Password Security

Airbike shall be held harmless for any loses resulting from the user’s failure to protect their log-in or password as well as their personal or financial information. It is the responsibility of the user to notify Airbike as soon as practicable if they suspect or know that any such information has been compromised.

Ownership Retention and Damage Liability

Airbike at all times retains the absolute ownership of and title to all Airbike products, including the bicycles and any technologies and mechanisms related to their use. The user accepts liability for any damage done to such products during the period of use, including but not limited to:

(i) dents or marks upon the exterior or facade of the bicycle
(ii) any damage to the gears, chain or tires of the bicycle
(iii) any damage to the brakes of the bicycle
(iv) any other encumbrance upon or damage to the efficacy or usability of the bicycle

Term Development Clause

Airbike retains the right to develop, adapt or add to the existing terms of use as required from time to time. Any such changes shall be signposted and the user shall be given apt and actual notice thereof.

User Must Be Fit to Use the Service

The user shall not ride any Airbike bicycle unless the user is capable of doing so safely. This presumes that the user is of fit health to ride, is not burdened by any injury, medical condition or idiosyncrasy that would prevent or impair the safe (see above) use of this product and is not under the influence of any amount of alcohol or drugs that may impair the cognitive or physical state of the user. The user shall at all times refrain from riding, carrying or otherwise bringing any Airbike bicycle into any fenced-off area, underground installation or carpark or any other such area or location that prevents or limits access to the bicycle, other than those areas prescribed and allowed by Airbike. The user shall make any inquiries pertaining to payment, fees or charges within a period of 30 days after and including the day of the subject transaction.