Activation Terms and Conditions
LIVELO VIRTUAL CYCLING ACTIVATION TERMS AND CONDITIONS – THE DEED
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND
If you do not agree to this Deed you may not use our products and services.
By using Livelo’s hire bikes, equipment and services you agree to these TERMS and CONDITIONS of use.
1.1 Users must provide Livelo with their full name and email address.
1.2 You must be 18 years of age or over, be of sound mind and be in good health.
1.2 Users are here warned that cycling is a high cardio activity. While this has major health benefits for many people, Users need to satisfy themselves of their ability to participate.
1.3 By participating in a service from Livelo the User acknowledges that they will be receiving a ‘recreational service’ for the purposes of the Competition and Consumer Act 2011 (as amended from time to time). The User agrees that the terms and rights which may be implied into a contract for the supply of goods or services for my benefit pursuant to the Competition and Consumer Act 2011 and any liability of the Releasees (defined below) for death or personal injury flowing from them, are expressly excluded, restricted or modified by this declaration and this agreement.
1.4 Users need to assess their own safe limits within which to exercise during the Service.
1.5 Some equipment manufactures warranties stipulate maximum weight limits for their bikes and equipment. User’s body weight must be below 150kg.
1.6 The User enters the premises and participates in a Service at their own risk.
1.7 All risk for the use of our Services passes to the User. The User accepts full responsibility for and shall keep Livelo indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the equipment and/or service however arising and whether or not arising from any negligence, failure or omission of the User or any other persons.
1.8 Users understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any cycling activity. I am not under the effect of alcohol or drugs. I am in good health and do not suffer from any cardiovascular, respiratory, musculoskeletal or other medical conditions which may be affected by riding a bicycle.
1.9 Livelo may refuse any person participation in Service at Livelo’s absolute discretion.
2.1 User must:
(i) satisfy itself at that the equipment is suitable for its purposes;
(ii) operate the equipment safely, only for its intended use and in accordance with any instructions advised by Livelo.
(vi) not alter or make any additions to the equipment;
(ix) obey the directions and instructions of Livelo’s employees or sub-contractors, and must not act disruptively or disturb other Users or interfere with a Livelo employee’s or subcontractor ability to conduct any part of the Service in a safe and secure manner.
3.1 Livelo and its authorised sub-contractors have the authority to create, use and reproduce any photograph taken of the User for any purpose without prior notice or payment of compensation to User.
4.1 The Service will not proceed if Livelo decides in its absolute discretion, whether for safety reasons or any other reason, to cancel the Service at any time.
5.2 A reference in these terms and conditions contract to a hirer, user, person, group or party includes natural persons, corporations, partnerships, associates and associations or other legal entity.
5.3 In this service contract where a party comprises more than one person, those persons shall be bound by this service contract and terms and conditions, jointly and severally.
5.4 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
5.5 The failure of Livelo to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Livelo in writing.
5.6 These Terms and Conditions of use may be changed by Livelo from time to time. Any such changes become effective immediately upon being posted to the Livelo website. It is your responsibility to check the terms and conditions of use for any changes periodically and in any event prior to using Livelo’s equipment and services. If you do not agree to any changes, you must not use Livelo’s equipment and services in any way. Your use of the bikes, equipment and services indicates that you agree to the amended terms and conditions of use.
I have carefully read (or had someone else read to me) and understood this Deed. I am also aware that by signing this Deed, it may affect the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and successors.
ON MY OWN BEHALF AND ON BEHALF OF MY HEIRS, ASSIGN AND PERSONAL REPRESENTATIVES, I HEREBY: (A) FULLY AND FOREVER WAIVE, DISCHARGE AND RELEASE LIVELO PTY LTD AND ITS RELATED BODIES CORPORATE AND THEIR VENDORS, SUPPLIERS, EMPLOYEES, PARTNERS, CONTRACTORS, AGENTS, SPONSORS, RESELLERS, INSURERS (BEING THE RELEASEES); AND (B) AGREE TO INDEMNIFY AND KEEP INDEMNIFIED THE RELEASEES, FROM ANY AND ALL LIABILITY CLAIM, DAMAGE, INJURY, LOSS, COST OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM MY LIVELO SERVICE AND EQUIPMENT AND SERVICES SUPPLIED BY LIVELO (HOWEVER CAUSED AND WHETHER FATAL OR OTHERWISE).
I expressly agree that the foregoing agreement shall be construed to provide the parties being released with the broadest relief possible. If any portion is held invalid, the balance shall continue in full legal force and effect. This Deed shall be governed by the laws of New South Wales, Australia.
I, the person named below, agree to this Deed.