Terms and conditions

1. PARTIES This Agreement is between Respect my Ride and The Member (“you”). 

2. APPLYING FOR MEMBERSHIP 2.1 You can apply for Membership using the online application form on the Website. By submitting a Membership Application, you agree that: a) you meet the Eligibility Requirements set out in clause 3.1 when you submit the Membership Application; and b) Respect my ride will provide credit to you to make use of the Service and as such, you consent to Respect my ride communicating with a credit reporting agency in the manner described in Schedule 1. 2.2 You must inform us immediately if you cease to meet any of the Eligibility Requirements. 2.3 We may accept or reject any Membership Application at our discretion. 2.4 You warrant that all information provided by you to us in your Membership Application or at any time while you are a Member, including without limitation your name, address, email address, and information about your Driving History or credit record, is true and correct and is all the information reasonably required in relation to your Membership and use of the Service. You must ensure that all information provided by you is current and up to date. You permit Respect my ride to verify your identity, including using the Document Verification Service (‘DVS’) to confirm that the personal information you provide in your identity documents as evidence of your identity matches the information held by the agency which issued that document (also known as the official record holder). Respect my ride may use DVS to verify your identity and may involve the use of third-party systems and services. You can find more information about DVS by visiting the DVS website, or by phone or email as follows: Website: http://www.dvs.gov.au/Pages/default.aspx; Phone: (02) 6141 6666; Email: DVS.Manager@ag.gov.au. You must indemnify Respect my ride for any claim or loss that Respect my ride suffers as a result of any information that you provide to us in © Respect my ride 2022  | Page relation to this Agreement, your Membership or your use of the Service being incorrect or to be misleading in any way, whether accidentally or intentionally.
If you agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. 2.6 This clause 2 and clause 3 below apply from the time you submit a membership application. The rest of this Agreement applies when Respect my ride gives you notice that your Membership Application is accepted.

3. MEMBER ELIGIBILITY CRITERIA 3.1 To become a Member and to continue to be a Member, you must: a) be at least 25 years old and no more than 80 years old. b) have no licence suspensions or disqualifications, major violations or alcohol/drug-related incidents in the past 5 years; c) not have been convicted of, or have any pending convictions for, a criminal offence in any jurisdiction; d) hold a full unrestricted Motorcycle licence (unless, if you are an Owner, otherwise agreed in writing); e) have an appropriate credit or debit card with sufficient funds to cover any Fees and Charges that you may incur in relation to your use of the Service; f) have a satisfactory credit history as reported on your credit record and g) have experience or own equivalent motorcycle offered.
3. 3.2 You must immediately disclose to us any traffic incidents or driving violations that might affect your eligibility for Membership. If you do not wish to disclose any such incident, you must withdraw your Membership Application or cancel your Membership immediately. 3.2 You must immediately disclose to us any traffic incidents or driving violations that might affect your eligibility for Membership. 3.3 Members are responsible for accepting other members to use their bike if any traffic incidents or driving violations are not serious or deemed putting the hire of the bike at risk.

4. INCORPORATION OF POLICIES; CHANGES TO THIS AGREEMENT 4.1 These terms, together with the Policies and the Fee Schedule, form your written agreement with us. You must be familiar with the Policies and comply with them at all times while using the Service. You may obtain the latest version of the Policies and Fee Schedule from us or from the Website. 4.2 If you are an Owner, the terms contained in the section titled ‘Owner Agreement’ and in the Owner Guarantee also form part of your written agreement with us. 4.3 If there is any inconsistency between the terms of the Agreement and the Policies, the Fee Schedule or your Membership Application, the terms of the Agreement will prevail to the extent of any inconsistency. 4.4 The terms of this Agreement, the Policies, the Fee Schedule or the Owner Guarantee may be changed at any time by giving you notice by email. Changes will also be posted on the Website. If you do not agree to the changes, you may cancel your Membership in accordance with clause 24 and if you do so within 30 days we will refund any membership fees that you have paid that relate to the period after the cancellation date.

5. USE OF THE SERVICE 5.1 We provide the Service to facilitate the sharing of Motorcycles. Vehicle hire or rental services are provided by Owners to Borrowers under a separate contract, the terms of which are informed by these terms. We may act as an agent of Owners or Borrowers under that separate contract, as provided for in these terms and the Owner Agreement. 5.2 Respect my ride does not control the condition of any Motorbike, the actions of any Member, or the information provided by you or other Members and included in any Member Profiles or otherwise made available to you. You are solely responsible for your actions and inactions in relation to your use of the Service and your interactions with other Members. 5.3 You acknowledge and agree that Respect my ride is not liable for, and disclaim any liability related to, your interaction with other Members, your use of other Members’ Motorbikes or other Members’ use of your Motorbikes, or any Member’s action or inaction, with respect to the Service. You use any Motorbike made available through the Service at your own risk. To the maximum extent permitted by law, Respect my ride owes you no duty of care, and disclaims all responsibility or liability to you, any passenger or a third party (howsoever arising) resulting from any Accident, breakdown or any other failure of a Vehicle. 5.4 By using the Service, to the maximum extent permitted by law, you agree that any legal claim or remedy that you seek to make or obtain under a contract for Motorbike rental services, or for actions or omissions of other Members or third parties will be limited to the particular Member or third party and you agree not to attempt to claim against or impose liability on or seek any legal remedy from Respect my ride with respect to such actions or omissions. If you have a dispute with or claim against one or more Members, you release Respect my ride (and our officers, directors, agents, and employees) from liability (howsoever arising, whether under contract, tort, statute or otherwise) in any way connected with such disputes or claims. 5.5 The Service, including the Booking System, comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by this Agreement. Nothing in this Agreement affects your statutory rights as a consumer. Respect my ride gives no warranties beyond the consumer guarantees except where they are expressly set out in this Agreement. In particular, to the extent not prohibited by law: a) You acknowledge that with the exception of a major failure that continues un[1]remedied for 48 hours, the delivery of the Services (including the availability of the Booking System) is not time critical. We will supply the Services within a reasonable time, and Respect my ride gives no other warranty or guarantee in relation to the availability of the Service (including the Booking System), or that access to the Service (including the Booking System) will be free from interruptions or errors. b) The Services depend upon telecommunications, cloud storage and other services delivered to Respect my ride and Members by third parties, the availability of which Respect my ride cannot control. © Respect my ride 2022 4 | Page c) If the Services are not supplied within a reasonable time, or otherwise fail to comply with a consumer guarantee, Respect my ride will not be liable for any damage, loss or cost, including without limitation loss of expected revenue, loss of profit or loss of opportunity, that is not reasonably foreseeable.

6. A Member Profile for you will be created using the information that you provide in your Membership Application. This Member Profile will be accessible to you via the Member-only section of the Website. Some information from your Member Profile, such as your profile photo, first name, contact details and reviews, may be made available to other Members if you make a Booking for their Bike. 6.1 You are responsible for updating and maintaining the currency of your own Member Profile on the Website. You must ensure that any information posted in your Member Profile is correct, complete and not misleading. 6.2 You warrant that any text, images or other content that would constitute the intellectual property of any nature (“Materials”) that you include in your member profile or otherwise provide to Respect my ride does not infringe on the intellectual property rights of any third party. You grant Respect my ride a non-exclusive, irrevocable, worldwide, perpetual licence for no charge to use any Materials that you produce or provide, for the purpose of operating and marketing the Service. 6.3  will take reasonable steps to verify, at the time that a Member is accepted for Membership, that he or she has a current driver’s licence and that any Motorcycle that he or she makes available for sharing is appropriately registered. However, Respect my ride does not guarantee the completeness or correctness of this or any other information that Members provide at the time of submitting a Membership Application or afterwards. Respect my ride will under any circumstances be liable for any loss or damage resulting from or arising in connection with any errors, inaccuracies or misrepresentations in your Member Profile or any other Member’s Member Profile.

7.  ACCEPTANCE AND CANCELLATION OF BOOKINGS 7.1 You agree to make arrangements for sharing another Member’s Motorbike only through the Booking System. 7.2 The minimum Booking Period is one day.  7.3 You must, for the benefit of any Member whose Motorbike you Book through the Service, other Members and Respect my ride: a) confirm the beginning and end times of any Booking that you make before you begin using a Vehicle; b) only use another Member’s Bike during the period for which you have a confirmed Booking; c) pay the Booking Fee, return it before the end of the Booking Period, unless you cancel the Booking, in which case clause 7.5 applies; and d) pay the charges set out in the Fee Schedule if you use the Vehicle outside of the period for which you have Booked the Vehicle or fail to return the Vehicle and its key to the proper location at the agreed time. 7.4 We may, on behalf of a Member whose Vehicle you have Booked, cancel that Booking (either before the Booking commences or during the Booking Period),  7.5 If you cancel a Booking, you may be required to pay charges for part or all of the Booking, as set out on the Website.

8. LIABILITY FOR DAMAGE AND LOSS 8.1 If you Borrow a Motorbike, you must return it to the Owner in the same condition that it was in at the start of the Booking. 8.2 Borrowers are responsible to the Owner and to Respect my ride for all Damage and Loss that occurs while you have possession of the Motorbike (regardless of whether you caused that Damage and Loss) and for related costs and fees as set out in the Damage Policy and Fee Schedule. 8.3 If you Borrow a Motorbike, you must take and provide us photographs of the Bike when you take possession of the Vehicle and when you cease to have possession of the Bike, in accordance with the Damage Policy. Failure to do so may mean that you will be deemed under the Damage Policy to have caused, and be liable to the Owner, excess of owner’s insurance to be paid in full or damages agreed to be settled between owner and rider.

9. LIABILITY FOR PARKING AND DRIVING INFRINGEMENTS 9.1 If an Infringement Notice is issued in relation to an infringement occurring during a time when you have possession of a Motorbike, or as a result of your failure to leave the Bike in a legal, unrestricted parking space at the end of a Booking Period, then you are responsible to the Owner for payment of the Infringement Notice and any demerit points will accrue to your driver licence. 9.2 You must pay, for the benefit of the Owner, any Infringement Notice that you are responsible for in full on or before the date that payment is due. If the Owner or the Owner’s authorised representative receives an Infringement Notice that you are responsible for, then: a) the Owner or the Owner’s authorised representative will inform the relevant authority that you were the driver of the Vehicle at the time of the Infringement and the authority will then issue the Infringement Notice to you; b) you consent to Respect my ride providing your personal information to the Owner or their authorised representative for the purpose of informing the relevant authority, or providing your personal information directly to the relevant authority; and c) Respect my ride may charge you an administration fee for each Infringement Notice received, in accordance with the Fee Schedule. 9.3 You will be responsible to the Owner for the full cost of recovery and any damage to the Motorbike should the Motorbike be damaged, seized, towed or impounded whilst in your possession or as a result of your failure to leave the Motorbike in a legal, unrestricted parking space at the end of a Booking Period. These costs will be charged in addition to any additional late fees and/or extended Booking fees resulting from a late return of the Bike. 9.4 If you dispute your liability for an Infringement Notice, then you may raise the dispute with us and we will deal with it in accordance with the Complaints and Dispute Resolution Policy.

10. FEES AND COSTS 10.1 You agree to pay to us (for our account or in certain cases as a payment collection agent for Owners ): a) any Membership Fee applicable to the Membership Plan that you have selected; b) any additional fees, charges and penalties in accordance with this Agreement and the Policies (or notified to You in accordance with the Agreement from time to time), including without limitation costs relating to any Infringements, Tolls, fuel charges for which you are responsible, any amounts owing for Damage and Loss Liability or other liabilities arising from your use of the Service and from your use of Vehicles; c) all fees and charges that are incurred in relation to the use of the Service using your Member ID, even if you did not authorise the use of your Member ID; and d) GST and all other taxes or levies on any of the amounts payable under this Agreement. 10.2 To calculate Fees and Charges, we will use billing information generated or received by us, which may include: a) information collected by the Booking System; b) information collected in connection with the use of a Tolling Device; c) information recorded in photographs of the odometer of a Vehicle; d) receipts submitted to us; and e) any other information that is relevant to determining the Fees and Charges applicable to your use of the Service. 10.3 We may bill you in advance or arrears for some or all of the Fees and Charges payable by you under this Agreement. We will try to include all Fees and Charges for the relevant billing period on your invoice. However, this is not always possible and unbilled Fees and Charges may be included in one or more later Invoices.

11. CANCELLATION AND SUSPENSION OF MEMBERSHIP 11.1 We may immediately cancel or suspend your Membership at any time by notice by email if you: a) breach the terms of this Agreement or any of the Policies and the breach cannot be remedied or, if the breach can be remedied, you have not remedied the breach within 5 business days after we give you notice of the breach; b) in our reasonable opinion, commit any illegal, dishonest or wrongful act, abuse or harass our staff or other Members, or pose a threat to the safety or wellbeing of our staff or other Members or to any Motorbikes; or c) fail to maintain your eligibility for membership d) fail to make a payment that is due under this Agreement within 2 business days after you are given written notice of the payment default. 11.2 We may cancel your Membership with no less than 30 days’ notice for any reason not listed in clause 11.1. 11.3 You may cancel your Membership at any time to take effect at the end of the current month. 11.4 You may cancel your Membership with immediate effect in exceptional circumstances with our agreement. 11.5 If your Membership is cancelled, either by you or by us, then: a) you must not use the Service on or after the date of cancellation;

12. MOTORBIKE ELIGIBILITY CRITERIA 12.1 A Bike that is made available at any time for sharing through the Service must (unless we agree otherwise): a) be registered in which it is made available for sharing; b) be in a roadworthy condition at all times, and be submitted for roadworthiness inspections in accordance with any requirements of a regulator in your country. c) be well maintained, with maintenance properly scheduled and recorded using the applicable manufacturer’s maintenance schedule as a guide;
You agree that: a) Respect my ride may independently verify your Motorbikes registration details; b) your Motorbike meets all of the Eligibility Requirements set out in clause 11.1; and c) if you are not the registered owner of your vehicle, the registered owner has given you permission to make your Vehicle available for sharing through the Service. You are fully responsible for securing the owner’s permission to list the Vehicle with Respect to my ride and complying with the scope of any permission granted.

13 OWNER RESPONSIBILITIES 13.1 As an Owner of a Motorbike that is offered for sharing through Respect my ride, you must: a) ensure that the Motorbike is maintained, serviced and repaired so that it is in a roadworthy condition at all times. If we have any concerns about the safety or maintenance of your Bike, you may be required to provide proof of maintenance or roadworthiness, and your Motorbike may be suspended from the Service until acceptable proof is received; b) ensure that the Motorbike is safely operable by any Borrower, and not place in the Motorbike any modifications, devices, equipment or other items that may interfere with the safe operation of the Vehicle; c) check the amount of engine oil and coolant in the Bike at appropriate intervals and maintain them at the levels recommended in the Motorbike manufacturer’s specifications or otherwise as required to maintain the Bikes efficient performance; d) Tool kit  e) maintain the correct registration for the Motorbike and comply with any laws or regulations applicable to Bikes that are hired out without a driver in your state or territory; f) ensure that the Motorbike is clean at the start of each Booking Period; j) 13.2 You must be contactable by phone or email and able to respond to queries at all times during a Booking Period. 13.3 If you will not be contactable during a Booking Period, then you must: a) provide us with the mobile phone number and email address of a person who is responsible for your Vehicle (your nominated representative); or b) ensure that your vehicle is not made available for sharing during that time. 13.4 You agree that: © Respect my ride 2022 24 | Page a) your mobile phone number and email address may be provided to other Members so that they can contact you directly with any queries relating to sharing your Motorbike, and b) you will inform us as soon as possible of any changes to your mobile phone number or email address.

14. VEHICLE PROFILES 14.1 You will be required to maintain a Motorbike Profile for any Bikes that you have Listed for the Service. This information will be available to other Members. The information includes: a) the Bike nickname; b) the Motorbike description; c) the Bike sharing location; d) photograph(s) of the Bike; e) the daily or weekly sharing rates; and f) the Availability Schedule. 14.2 You will be able to provide special instructions to Borrowers concerning access to, or the operation of, the Bike. This information may be made available on the Website.