Please read these terms and conditions carefully. The following terms and conditions (the “Terms”) govern your, the User (defined below), access to and use of the App, Site and Services provided by us, Beam (as defined below) in Australia and New Zealand. By accessing and/or using the App, the Site and/or the Services in these countries, you agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and/or use the App, the Site or the Services. You further agree that usage of the App, Site and/or Service in any country which may differ from the country where you registered for the App (the “Alternate Country”) shall be subject to the terms and conditions prevailing for that Alternate Country (the “Alternate Terms”). The Alternate Terms can be found at https://www.ridebeam.com.
AGE RESTRICTION: You may only operate, access and/or use the App, Site, and/or Services if you are at least 16 years old or, if you are below 16 years old, : you have obtained consent from your parent(s) or legal guardian(s) who accept these Terms and agree to take responsibility for your actions and your compliance therewith (including for paying associated charges) If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing and/or using the App, the Site, the or the Services.
<tos-h4-indent>1. DEFINITIONS & INTERPRETATION<tos-h4-indent>
1.1 - Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms:
1.2 - Interpretation: In these Terms: (i) whenever the words “include”, “includes” or “including” are used in these Terms, they will be deemed to be followed by the words “without limitation”; (ii) reference to Clauses, Paragraphs and Schedules are (unless otherwise stated) to clauses, paragraphs and schedules of these Terms; (iii) words importing the singular only shall also include the plural and vice versa where the context requires and references to persons include bodies incorporated or unincorporated, including partnerships and their successors and assigns; (iv) unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months; (v) clause, paragraph and/or schedule headings are inserted for convenience only and shall not affect the interpretation of these Terms; and (vi) references to a statute, law, by-law, regulation, rule, directive, delegated legislation or order also refers to the same as amended, modified or replaced from time and to any by-law, regulation, rule, directive, delegated legislation or order made thereunder.
<tos-h4-indent>2. YOUR ACCOUNT & SECURITY THEREOF<tos-h4-indent>
2.1 Beam and the User are the only parties to these Terms.
2.2 Security Credentials: The App, the password-protected and/or secure areas of the Site and the Services may only be accessed by you with the use of your unique Security Credentials. Account sharing is prohibited. The Security Credentials may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion. We may at any time in our sole and absolute discretion forthwith invalidate the Security Credentials without giving any reason or prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by you or arising out of or in connection with or by reason of such invalidation. You may from time to time be required to change your Password and hereby agree do so when required. You further agree to keep your Security Credentials confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of your Security Credentials. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your Security Credentials has been compromised or if there has been any unauthorised use of your Security Credentials.
2.3 Purported use/access: You agree and acknowledge that:
<tos-h4-indent>3. USING THE APP, SITE & SERVICES<tos-h4-indent>
3.1 Other notices, rules & guidelines: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the access to and/or use of the App, the Site and/or the Services (including the Guidelines), as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the App and/or the Site.
3.2 Use of the App, the Site and the Services: Without prejudice to the generality of Clause 3.1, you acknowledge and agree:
3.3. Restricted activities: You agree and undertake NOT to:
3.4 Availability of the App, Site and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the App, the Site and/or any of the Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing and/or using any part of the App, the Site and/or the Services.
3.6 Additional terms: In addition to these Terms, the use of specific aspects of the App, the Site and the Services or of more comprehensive or updated versions of the App, the Site and the Services offered by us and our designated sub- contractors or Affiliates, may be subject to additional terms and conditions, which will apply in full force and effect (including any applicable Alternate Terms).
<tos-h4-indent>4. CHARGES & PAYMENT <tos-h4-indent>
4.2 Promotions: We may operate promotions through the App and/or the Site. You should carefully review the specific rules of each such promotion in which you participate as they may contain additional terms and conditions and other important information about your participation therein (“Promo T&Cs”). To the extent that the Promo T&Cs conflict with these Terms, the Promo T&Cs shall prevail.
4.3 Refunds :
<tos-h4-indent>5. INTELLECTUAL PROPERTY<tos-h4-indent>
5.1 Ownership: The Intellectual Property Rights in and to Our Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce our Intellectual Property Rights to the fullest extent of the law.
5.2 Restricted use: No part of any of Our Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use Our Materials for personal and non-commercial uses, provided that you do not modify Our Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in Our Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or Third Parties. Nothing on the App, the Site, and in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed in respect of the Services, without our written permission or any other applicable trademark owner.
5.4 Release and Waiver of Rights: In consideration of our provision of the Services to you, and without further consideration from us, you hereby:
<tos-h4-indent>6. GROUP RIDES<tos-h4-indent>
6.1 Initiator of Group Ride: If, as the holder of an account on our Site or App (“Account Holder”), you initiate a group ride on our Services using our App (a “Group Ride”), you:
6.2 Group Ride participants: If you access the Services as a Group Rider on a Group Ride initiated by an Account Holder, you:
<tos-h4-indent>7. SUBSCRIPTIONS <tos-h4-indent>
7.1 You may be able to purchase subscriptions and/or passes as may be offered on the Site or through the App (each a “Subscription”).
7.2 The price, entitlement, restriction and any other applicable terms or conditions for the Subscriptions shall be set out within the App or on the Site.
7.3 Unless specified otherwise, Subscriptions cannot be used with any other promotions or offers and payment for Subscriptions cannot be made via Beam Credits.
7.4 If the Subscription automatically renews upon expiry, you will be automatically charged the full amount of the renewed Subscription price at that time unless you change this selection before that occurs. You may change your auto-renew selection at any time unless there is an applicable minimum period as set out in relation to such Subscription.
7.5 A subscription may be ended or withdrawn at any time at our discretion and in such cases you will be entitled to the benefit of the subscription until the next billing interval.
<tos-h4-indent>8. CREDITS <tos-h4-indent>
8.1 You may purchase credits for use on the Service as may be offered on the Site or through the App ( “Credit”).
8.2 The price, entitlement, restriction and any other applicable terms or conditions for the Credits shall be set out within the App or on the Site.
8.3 Unless specified otherwise (a) Credits cannot be used with any other promotions or offers and can only be used in the country of purchase; and (b) subject to Your Consumer Rights, any unused Credits will expire pursuant to the expiry period as specified to You in relation to such Credits, or if no such expiry period is specified, three years after purchase.
<tos-h4-indent>9. BUSINESS PROFILES <tos-h4-indent>
9.1 If your employer (or another company on some other basis) (“the Participating Business”) has enabled you to access Services via a Business Profile and you associate a Trip with your Business Profile within the App, then that Participating Business may partly or wholly subsidize that Trip in accordance with its policy in that regard . To facilitate that, we will share details of your Business Profile Trips with the Participating Business.
9.2 The onus is on you to ensure that you only use your Business Profile for Trips that comply with the Participating Business’s policy in this regard because if not, the Participating Business may seek reimbursement from you at a later stage. You specifically acknowledge and agree that any such reimbursement claim is a matter between you and the Participating Business alone and you indemnify Beam from any loss, expense, damage or claims in relation thereto.
<tos-h4-indent>10. DAMAGED, LOST, STOLEN, DETAINED & INCORRECTLY PARKED VEHICLES<tos-h4-indent>
10.1 We reserve the right to take all necessary actions available to us at law if, in our reasonable opinion, a Vehicle in your possession or which is rented by you is determined to have been parked incorrectly, damaged (fair wear and tear excepted), lost, stolen or otherwise detained, including but not limited to
In this regard you acknowledge the importance of taking an end-of-Trip photo as evidence of having returned the Vehicle properly, i.e. correctly parked and in an undamaged condition. Without such photo (and in the absence of evidence to the contrary) it is reasonable for us to determine that you were the cause of Vehicle damage or loss.
10.2 If a Vehicle is determined to have been incorrectly parked, damaged, lost, stolen or otherwise detained while in your possession or as a result of your rental of such Vehicle, we reserve the right to suspend or terminate your access to the Service. This extends to all accounts that we reasonably suspect to be associated with the offending account.
<tos-h4-indent>11. OUR RESPONSIBILITY & LIABILITY IS LIMITED<tos-h4-indent>
11.1 No representations or warranties: THE APP, THE SITE, THE SERVICES, THE VEHICLES AND OUR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. All data and/or information contained in the App and/or the Site and/or the Services are provided for informational purposes only. WE DO NOT GIVE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, implied, express or statutory, including the warranties of non-infringement of Third Party rights, title, merchantability or fitness for a particular purpose, are given in conjunction with the App, the Site, the Services, the Vehicles or Our Materials. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the App, the Site, the Services or Our Materials; (b) that the App, the Site, the Services or that any of Our Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the App, the Site or the Services or Our Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the App or the Site, and you accept the risk that any information transmitted or received through the App or the Site may be accessed by unauthorised Third Parties and/or disclosed by us or our officers, employees or agents to Third Parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
11.2 Use of Service at your own risk: YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY DEATH, DISABILITY, PERSONAL INJURY (TO YOU OR OTHERS) OR THEFT/LOSS, DAMAGE, FINES, FEES, COSTS OR CLAIMS RESULTING FROM YOUR USE OF THE SERVICE, WHETHER FORESEEABLE OR NOT.. The Beam Parties shall not be liable to you for any death, disability or personal injury or any loss, damage, fines or claims (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for damage to property, loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (a) any access, use and/or inability to use the App, the Site, the Services, the Vehicles and/or Our Materials; (b) reliance on any data or information made available through the App and/or the Site. You should not act on such data or information without first independently verifying its contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other Third Party website, service, data, application, software, servers or source code linked to or accessed from the App and/or the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
11.3 Limit of Liability: Notwithstanding any other provision of these Terms, and to the maximum extent permitted by law-
12.1 Your safety and peace of mind is important to us, however any insurance held by us may not 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.
12.2 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 (where permitted by law) and makes you 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.
<tos-h4-indent>13. YOU INDEMNIFY BEAM<tos-h4-indent>
Without limiting the generality of any provision in these Terms, the User shall indemnify, defend and hold harmless the Beam Parties from and against any and all losses, damages, fines or claims which the Beam Parties may suffer, sustain or incur, or which may be instituted, made, brought, threatened, alleged or established against the Beam Parties, by any person and which in any case arises (whether directly or indirectly) out of, in relation to or by reason of:
<tos-h4-indent>14. HYPERLINKS, ALERTS & ADVERTISING<tos-h4-indent>
14.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by Third Parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
14.2 Alerts: You may receive specific prompts in respect of certain content or Promotions provided by us (“Alerts”) from time to time. Each Alert may be notified by e-mail and/or push notification or pop-up screen in the App or your browser. We do not guarantee the delivery, timeliness or accuracy of Alerts. We reserve the right to vary any Alert and to terminate the provision of certain content or the promotion advertised in the Alerts at any time without giving any reason or prior notice. We shall not be liable to you or anyone else for losses, damages, fines or claims arising from: non-delivery, delayed delivery or wrong delivery of an Alert; inaccurate content of an Alert; or your use or reliance on the contents of an Alert for any purpose, including investment and business purposes. You can deactivate App push notifications by changing your notification settings on your device or, if applicable, through the push notification service. The mobile device manufacturer (not Beam), controls these notification settings.
14.3 Advertising: We may attach banners, java applets and/or such other materials to the App and/or the Site for the purposes of advertising our (or our Affiliates’) products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
<tos-h4-indent>15. CONSUMER RIGHTS<tos-h4-indent>
All your rights set out under these Terms are in addition to your rights as a consumer under applicable consumer protection legislation (“Your Consumer Rights”). Your Consumer Rights are not excluded, restricted or modified by these Terms. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
<tos-h4-indent>16. PERSONAL DATA<tos-h4-indent>
17.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the App, the Site and/or the Services and/or disable your Security Credentials. We may bar access to the App, the Site and/or the Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services.
17.2 Termination by you: You may terminate your account by giving seven days’ notice in writing to us.
17.3 Effect of Termination: The termination of your account, the use of the App, the Site and/or the Services for any reason shall not bring to an end our rights accrued prior to termination, and your obligations under any provision of these Terms which is meant to survive the termination.
18.1 Notices from us: All notices or other communications given to you if communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.
18.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
18.3 Other modes: Notwithstanding 18.1 and 18.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
19.1 Governing Law: Use of the App, the Site and/or the Services and these Terms shall be governed by and construed in accordance with the laws in force in the place where the Services are provided (i.e. the laws of the relevant Australian State or Territory or of New Zealand, as the case may be) and you hereby submit to the exclusive jurisdiction of the courts of that place.
19.2 Amendments: We reserve the right to modify, vary and change the Terms and/or the Alternate Terms at any time as we deem fit by the following methods: (a) by updating and posting an updated version of the Terms and/or the Alternate Terms on www.ridebeam.com. Such modification, variation and/or changes shall be effective after five (5) days upon the posting of an updated version at www.ridebeam.com; or (b) by notice through the App and/or the Site or by such other method of notification as we may designate (which may include notification by way of e-mail), of the modification, variation and/or change to the Terms and/or the Alternate Terms, such variation modification, variation and/or change to take effect on the date we specify. You agree that it shall be your responsibility to review the Terms regularly and also the Alternate Terms applicable to any Alternate Country where you use the Site, the App and/or the Service, whereupon the continued use of the App, the Site and/or the Service after the date of effectiveness of such modification, variation and/or change, whether or not reviewed by you, shall constitute your consent and acceptance to such modification, variation and/or change. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms.
19.3 Dispute Resolution: The User and Beam shall use best efforts to negotiate in good faith and settle amicably any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination. If an amicable settlement is unable to be reached, then such dispute shall be referred to and finally resolved by arbitration in English and more specifically: (a) if in Australia, in accordance with the ACICA Expedited Arbitration Rules, with the seat of arbitration being in Sydney, Australia.; and (b) if in New Zealand, by the Resolution Institute (or successor organisation) in accordance with its arbitration rules, with the seat of arbitration being in Auckland and the arbitration to be conducted by one arbitrator
19.4 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the App, the Site and the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
19.5 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the App, the Site and/or the Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
19.6 Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms to any Third Party.
19.7 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the App’s, the Site's and/or the Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
19.8 Severability: The invalidity or unenforceability of any of the provisions in these Terms shall not adversely affect or impair the validity or enforceability of the remaining provisions of these Terms.
19.9 Waiver: In the event of a breach of these Terms by you, our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
19.10 Rights of Third Parties: Except as expressly stated, these Terms do not confer any rights on third parties and to the maximum extent allowable at law we will not, under this agreement, be liable in any way to any third parties. For the avoidance of doubt, nothing in this Clause 18.10 shall affect the rights of any permitted assignee or transferee of these Terms.