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Terms and Conditions

Electric Scooter Hire Terms and Conditions

  1. Interpretation

    1. These Electric Scooter Hire Terms and Conditions form part of the Agreement and set out the rights and obligations of the Company (GENiUX Go) and the Hirer in relation to the hire of the Electric Scooter. The other terms and conditions are contained in:

      1. Our mobile app – GGO  and

      2. Our website – www.ggo.global

    2. No amendment, alteration, waiver or cancellation of any of the terms in the Agreement will be valid unless confirmed by GENiUX Go in writing.

    3. The Hirer acknowledges and agrees that no representative of GENiUX Go has any right to make a warranty or promise in relation to the hire of the Electric Scooter other than as contained in the Agreement.

    4. In these Electric Scooter Hire Terms and Conditions, unless the context otherwise requires:

  2. means an unintended and unexpected collision between the Electric Scooter and any other object (whether fixed or moveable), including another vehicle, that results in Electric Scooter Damage and/or Third Party Damage;

Agreed Return Location means the 'return location' as specified in the Agreement or another location as is agreed between GENiUX Go and the Hirer in writing for the return of the Electric Scooter after the Hire Period;

  • means the agreement between GENiUX Go and the Hirer in respect of the Hire of the Electric Scooter consisting of the terms and conditions set out in the Electric Scooter Hire Terms and Conditions and other terms and conditions as notified to the Hirer by or on behalf of GENiUX Go in writing at or before the time the Hirer hires the Electric Scooter from GENiUX Go;

  • means the mobile application, solely owned by GENiUX Go Pty Ltd., designed to run on a mobile device such as a phone/tablet or watch.

Authorised Electrical Connection means the electrical connection that is contained in the garage from which the scooter is hired.

  • means any state or federal government, and any governmental or other public or statutory body, local authority, instrumentality or other authority of any kind having jurisdiction over motor vehicles or anything in relation to motor vehicles;

  • or GENiUX Go means GENiUX Go Pty Ltd (ABN 57 625 421 650) trading as GENiUX Go;

Condition Report means the written report in respect of the Electric Scooter provided to, and accepted by, the Hirer detailing the condition of the Electric Scooter at the Time of Commencement;

Driver's Licence means a current and valid unrestricted C Class motor vehicle (car) or R class or R-N class motorcycle driver's licence issued in Western Australia which includes a photo of the relevant licensed person (or at least the equivalent authorization in any other jurisdiction other than Western Australia acceptable to GENiUX Go);

Electric Scooter means GENiUX Go’s electric scooter described in the Agreement together with all accessories (including any Helmets) provided by GENiUX Go as specified in the Agreement;

Electric Scooter Damage has the meaning given to that term in clause 12.1(a);

Electric Scooter Hiring Fee means the fees and charges applicable to the hiring of the Electric Scooter by the Hirer set out or referred to in clause 4.1;

Electric Scooter Return Fee has the meaning given in clause 4.4;

End Time means the latest date and time by which the Electric Scooter must be returned to GENiUX Go at the Agreed Return Location by the Hirer, as set out in the Agreement or, if no such date and time is set out, then it will be the time which is 24 hours following the commencement of the Hire Period;

  1. means any tax imposed by or under the GST Act without regard to any input tax credit;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

  • means a protective helmet as defined in the Road Traffic Code 2000 (WA) applicable to the riding of the Electric Scooter;

Hire Period means, unless another period is determined by this Agreement, the hire period commencing on the date and at the time the Hirer and GENiUX Go enter an Agreement and ending on the earliest of the date and at the time when:

  1. the Electric Scooter is returned by the Hirer to GENiUX Go at the Agreed Return Location;

  2. the Electric Scooter is recovered by or on behalf of GENiUX Go and returned to the Agreed Return Location;

  3. the Electric Scooter is recovered by or on behalf of GENiUX Go and GENiUX Go determines that Electric Scooter Damage means the Electric Scooter cannot be returned to the Agreed Return Location for further hire; or

  4. the End Time has occurred.

  5. means the registered and approved user who has hired the Electric Scooter from GENiUX Go for the Hire Period on the terms and conditions of the Agreement

Hirer Maximum Liability Amount means, where the Hirer is liable to GENiUX Go under this Agreement arising out of Electric Scooter Damage and/or Third Party Damage and liability is not expressly stated to be unlimited under this Agreement, the lesser of:

  1. the sum of all liability under this Agreement for Electricity Scooter Damage Liability and any Third Party Damage; and

  2. the amount of the excess payable under GENiUX Go’s Rider Cover Insurance [Infringement Fee means any amount determined to be payable by the Hirer to GENiUX Go in accordance with clause 4.5;

International Driver's Licence means an unexpired and unrestricted driver's licence issued by an Authority of any country for the particular class relevant to the Electric Scooter and which authorizes the holder to drive in Australia (provided such authority is written in English) and acceptable to GENiUX Go, which must include a photo of the relevant licensed person;

Late Fee means the fee of that name, calculated in accordance with clause 4.3;

  • means any unsealed road, being a road or track not sealed with a hard material such as tar, bitumen or concrete;

  • means any person who rides the Electric Scooter at the same time as the Hirer as a passenger and not in control of the operation of the Electric Scooter;

  • means any mechanical or panel beating repairs to the Electric Scooter and includes any towing, recovery and storage of the Electric Scooter;]

Scooter Rental Fee is the fee calculated in accordance with clause 4.2;

Third Party Damage has the meaning given to that term in clause 12.1(b);

Time Based Chargeable Rate means the amount in dollars per each Time Increment, set out in terms and conditions on our mobile app

Time Increment means each [an hour (or part thereof)] /[a 15 minute period or part thereof];

Time of Commencement means the date and time the Hirer enters into the Agreement; and

Unauthorized Area means:

  1. any place greater than 50 kilometres from the Agreed Return Location; and

  2. any road or pathway, other than designated and sealed public roads or car parks.

  1. Hirer Registration

    1. Before GENiUX Go will enter into any Agreement with a person for the hire of Electric Scooters hired by GENiUX Go, that person must be registered through the App.  Any person seeking to register with the App must provide accurate and valid information reasonably requested by GENiUX Go.

    2. To be eligible to register as a user of the App and to be eligible to be a Hirer, a person must:

      1. be over 18 years old and legally able to enter contracts;

      2. have a current, valid credit/debit card;

      3. hold a current and valid Driver's Licence or International Driver's Licence which has authorised the holder to ride electric scooters of the same category as the Electric Scooter

      4. respond to any requests from GENiUX Go relating to police, background or identification checks or provision of relevant information; and

      5. agree to comply with the terms and conditions of this Agreement in relation to any Hire Period.

    3. A person registering as a user of the App warrants that the information provided to GENiUX Go is true, accurate and complete.  GENiUX Go reserves the right to verify the information provided, but any such verification does not limit the responsibility of the person providing that information.

    4. The Electric Scooter hire services available through the App are not available to individuals who do not meet (or continue to meet) all of the eligibility requirements or to existing users of the App who no longer meet all of the eligibility requirements or, whether as Hirer or Passenger, whose user registration has been temporarily or indefinitely suspended or terminated in accordance with these Terms.

    5. GENiUX Go reserves the right to refuse or terminate registration as a user of its App in its sole discretion.

  2. Hire of Electric Scooter

    1. The Hirer agrees to hire the Electric Scooter from GENiUX Go for the Hire Period upon and subject to the Agreement.

  3. Charges

    1. In consideration for GENiUX Go hiring the Electric Scooter to the Hirer, the Hirer must pay to GENiUX Go on demand:

      1. the Electric Scooter Rental Fee;

      2. if the Hirer does not return the Electric Scooter to GENiUX Go at the Agreed Return Location on or before the End Time, the Late Fee;

      3. if the Hirer does not return the Electric Scooter to GENiUX Go at the Agreed Return Location on or before the End Time (or the Hirer expresses an intent not to return the Electric Scooter to GENiUX Go at the Agreed Return Location before that time) and GENiUX Go elects itself to return the Electric Scooter to the Agreed Return Location, the Electric Scooter Return Fee;

      4. if any amounts are payable by the Hirer under clauses 4.1(b) or 4.1(c), the Service Fee;

      5. if any amounts are incurred by GENiUX Go in accordance with clause 4.5, any Infringement Fee;

      6. GST on any supply in accordance with clause 19; and

      7. any other fees, charges, costs, reimbursements, compensation and liabilities as set out in the rest of this Agreement.

    2. The fee payable for a Hire Period is the amount which is the greater of the following amounts:

      1. the Time Based Chargeable Rate multiplied by the number of Time Increments (or part thereof) within the Hire Period,

(the Electric Scooter Rental Fee).

  1. A fee is payable by the Hirer if the Electric Scooter has not been returned to the Agreed Return Location by the End Time (the Late Fee).  The Late Fee is equal to the [three] times the Time Based Chargeable Rate applicable to the relevant Hire Period multiplied by the number of Time Increments, that period for calculating the Late Fee commencing at the End Time and ending on the earliest of the date and at the time when:

    1. the Electric Scooter is returned by the Hirer to GENiUX Go at the Agreed Return Location;

    2. the Electric Scooter is recovered by or on behalf of GENiUX Go and returned to the Agreed Return Location; or

    3. the Electric Scooter is recovered by or on behalf of GENiUX Go and GENiUX Go determines that Electric Scooter Damage means the Electric Scooter cannot be returned to the Agreed Return Location for further hire.

The parties desiring to avoid the difficulties of proof of damages associated with the loss by GENiUX Go of the opportunity to hire the Electric Scooter for the period associated with the Late Fee agree that at the date they entered this Agreement the Late Fee represents a reasonable and genuine estimate of the anticipated or actual loss likely to be suffered by GENiUX Go and that the payment of the Late Fee will not be out of proportion to any payment that could be made in that context, nor would any such payment be extravagant or unconscionable to any extentA fee is payable by the Hirer if:

  1. the Hirer does not return the Electric Scooter to GENiUX Go at the Agreed Return Location on or before the End Time; or

  2. the Hirer expresses an intent not to return the Electric Scooter to GENiUX Go at the Agreed Return Location before the End Time;

and GENiUX Go elects itself to return the Electric Scooter to the Agreed Return Location (the Electric Scooter Return Fee).  The Electric Scooter Return Fee will be GENiUX Go's costs associated with transporting the Electric Scooter to the Agreed Return Location. The Hirer is responsible for and must pay GENiUX Go on demand for all claims, expenses and losses of any kind suffered or incurred by GENiUX Go at any time in connection with any fines, expenses (including any unpaid tolls), infringements and penalties arising from the use of the Electric Scooter by the Hirer during the Hire Period, including:

  1. any speeding fines, traffic fines and any other infringements and penalties arising from a breach of any applicable law; and

  2. parking, clamping, towing, or release of the Electric Scooter from any compound, regardless of whether the Hirer was riding the Electric Scooter at the relevant time.

Each amount payable under this clause 4.5 is an Infringement Fee. We will work with authorities to pass on notices of fines and parking charges to you (and you will pay our reasonable costs and expenses of doing so

Payment of Electric Scooter Hiring Fee

  1. At the Time of Commencement, the Hirer must have provided GENiUX Go details of the Hirer's credit card or other eligible payment methods provided as part of the Hirer's user registration (the Hiring Fee Payment Method).  The Hirer authorises the collection of the Electric Scooter Hiring Fee by charging it to the Hiring Fee Payment Method, either directly by us or indirectly, via a third-party online payment processor. 

  2. Notwithstanding that GENiUX Go agrees to be paid the Electric Scooter Hiring Fee by the Hiring Fee Payment Method, where the Hirer's payment is not processed, for example Hirer's credit card details have expired, the Hirer remains responsible to pay the Electric Scooter Hiring Fee and indemnifies GENiUX Go for the Electric Scooter Hiring Fee and any costs and expenses on a full recovery basis in being paid the Electric Scooter Hiring Fee.

  3. You understand and agree that GENiUX Go reserves the right, in its sole discretion, to:

    1. obtain a pre-authorisation via the Hirer's credit card for the Electric Scooter Hiring Fee or any part thereof; or

    2. charge the Hirer's credit card a nominal amount, not to exceed one dollar ($1) to verify the Hirer's credit card, which we will refund to you or credit against the Electric Scooter Hiring Fee at our option.

  4. GENiUX Go cannot control any fees that may be charged by the Hirer's bank or credit card provider related to the collection of the Electric Scooter Hiring Fee and GENiUX Go disclaims all liability in this regard.

  1. Ownership of and right to use the Electric Scooter

    1. Nothing in this Agreement transfers any right, title or interest in the Electric Scooter to the Hirer other than as expressly set out in this Agreement.  The Hirer acknowledges and agrees that GENiUX Go retains full ownership entitlement to the Electric Scooter notwithstanding:

      1. receipt of the Electric Scooter; and

      2. the possession and use of the Electric Scooter by the Hirer under the Agreement.

    2. Upon acceptance of the terms and conditions of, and subject to compliance with, the Agreement, the Hirer may use the Electric Scooter during the Hire Period without any interruption from GENiUX Go, other than as contemplated under the Agreement.

    3. The Hirer must not attempt or agree to sell, assign, sublet, lend, pledge, mortgage, let on hire the Electric Scooter.

    4. The Hirer must not remove or cover any signage affixed to the Electric Scooter.

    5. In these Electric Scooter Hire Terms and Conditions, PPSA means:

      1. the Personal Property Securities Act 2009 (Cth) and any regulation made at any time under that Act, including the Personal Property Securities Regulations 2010 (Cth) (each as amended from time to time); and

      2. any amendment made at any time to any other legislation as a consequence of a law or regulation referred to in clause 6.5(a).

    6. The Hirer must not register or claim to be entitled to register any interest on the Electric Scooter under the PPSA.

    7. In recognition that the PPSA may apply to the arrangements contemplated by the Agreement, the Hirer acknowledges and agrees that GENIUX GO is entitled to register a financing statement on the Personal Property Securities Register against the Hirer in accordance with the PPSA in relation to any security interest or potential security arising from the Agreement.

  2. Condition of Electric Scooter

    1. On accepting the Agreement and claiming possession of the Electric Scooter, the Hirer acknowledges and agrees that it has received the Electric Scooter from GENiUX Go:

      1. in a good and clean condition, except as specified in the Condition Report;

      2. with all accessories specified in the Agreement;

      3. with the odometer and battery reading at the Time of Commencement; and

      4. in a suitable condition for the purpose for which it is hired.

    2. The Hirer must immediately notify GENiUX Go of any defect in or to the Electric Scooter, including with respect to any matter that is inconsistent with the items set out in clause 7.1.

  3. Hirer's obligations

    1. The Hirer agrees:

      1. that the use of the Electric Scooter is subject to any limitations and any obligations set out in the Agreement; and

      2. it will comply with any lawful direction given by or on behalf of GENiUX Go.

    2. The Hirer may only use the Electric Scooter during the period of the Hire Period.

    3. Only the Hirer and a maximum of one Passenger may ride the Electric Scooter.  The Hirer will ensure that the Passenger complies with any requirements of a passenger of a motor vehicle that is required by any applicable law.

    4. The Hirer must not use, or permit the Electric Scooter to be used:

      1. for any illegal purpose;

      2. for racing or performance testing of any kind;

      3. for towing, pushing or propelling anything;

      4. to carry a greater load (including the combined load of the Hirer, any Passenger and anything carried by the Hirer and any Passenger on the Electric Scooter) than that for which the Electric Scooter is designed to carry (as indicated on the Electric Scooter or in the Agreement or otherwise provided at law);

      5. to carry any Passenger or any other good or thing for payment or reward;

      6. to transport goods without first obtaining all necessary approvals, permits and/or licences;

      7. to carry any inflammable, explosive or corrosive substances;

      8. to transport animals; or

      9. for any Unauthorised Use.

    5. Without the prior written consent of GENiUX Go, the Hirer shall not, or permit the Electric Scooter to be, electrically connected to anything device other than to an Authorised Electrical Connection.

    6. Without the prior written consent of GENiUX Go, the Hirer shall not ride, or permit the Electric Scooter to be ridden:

      1. in an Unauthorised Area;

      2. when it is damaged, un-roadworthy or unsafe, including as a result of any Accident; or

      3. by any person who is not the Hirer, other than any one Passenger, which Passenger has not been suspended or forbidden from riding on any Electric Scooter (whether as Hirer or Passenger).

    7. The Hirer shall not use the Electric Scooter in breach of any laws applicable to the regulation of or the regulation of the use of motor vehicles including, without limitation, laws relating to blood alcohol concentration and laws relating to the use of a motor vehicle whilst under the influence of any drug or illegal substance;

    8. The Hirer must not fail or refuse to undergo any breath, blood, oral fluid, urine test or drug impairment assessment where required to do so by law.

    9. The Hirer must at all times during the Hire Period comply with and must ensure that any Passenger complies with all relevant laws, including any relevant laws relating to the lawful use of the Electricity Scooter and the lawful wearing of Helmets and any other safety equipment required by law.

  4. Security, safety and care of Electric Scooter

    1. The Hirer shall, at all times during the Hire Period take all reasonable care of the Electric Scooter, including by:

      1. using the Electric Scooter only in accordance within the manufacturer's specifications for use;

      2. maintaining the Electric Scooter's tyre pressure at the level recommended by the manufacturer or as specified in the Agreement for the Electric Scooter;

      3. taking all reasonable steps to safeguard the Electric Scooter, including by keeping the Electric Scooter locked and secure and any keys under the Hirer's personal control; [

      4. protecting the Electric Scooter against extreme weather; and

      5. doing all other things necessary to keep and maintain the Electric Scooter in the state and condition which it was in at the Time of Commencement.

    2. The Hirer must, in addition to complying with any legal requirements, immediately notify GENiUX Go if there is any Accident.

    3. Except as otherwise confirmed in writing by GENiUX Go, the Hirer must not leave the Electric Scooter unattended following any Accident (which Accident renders the Electric Scooter not able to be ridden in accordance with this Agreement) before the arrival of a tow or salvage operator.

    4. The Hirer must comply with all reasonable directions of GENiUX Go following an Accident, including any directions relating to any claim (including any insurance claim) related to the Accident.

  5. Return of Electric Scooter

    1. The Hirer must:

      1. return the Electric Scooter to the Agreed Return Location no later than the End Time or such other date and time as is agreed between GENiUX Go and the Hirer in writing;

      2. return the Electric Scooter in the same condition as it was in at the Time of Commencement as specified in the Condition Report (fair wear and tear excepted); and

      3. upon return to the Agreed Return Location, undertake the Battery Swap Procedure.

    2. The Hirer acknowledges and agrees that if the Electric Scooter is not returned in accordance with clause 10.1:

      1. the Electric Scooter may be reported to the police as stolen; and

      2. notwithstanding the Hire Period may have ended, the Hirer shall remain responsible for the Electric Scooter and other terms and conditions of this Agreement apply in relation to the Electric Scooter as between GENiUX Go and the Hirer.

  6. Break down of Electric Scooter

    1. If the Electric Scooter breaks down due to a mechanical fault, the Hirer must:

      1. immediately place the Electric Scooter in as safe a place as is reasonably possible; and

      2. notify GENiUX Go['s call centre, the details of which are provided in the App] and undertake any reasonable actions requested by GENiUX Go.

    2. If, following the events set out in clause 11.1, and the Hirer is not in default of its obligations under this Agreement, the Hirer will be entitled to one direct Uber or taxi journey to any destination within a 30 kilometre radius of the Perth CBD (the On Journey).

    3. GENiUX Go will reimburse the Hirer for the On Journey within a reasonable period of presentation of the receipt for that On Journey.

  7. Hirer's liabilities for Electric Scooter Damage and Third Party Damage

    1. Subject to clause 12.2 and clause 12.3, the Hirer is liable to GENiUX Go on a full indemnity basis for:

      1. any loss or damage to the Electric Scooter arising in any way related to the hire of the Electric Scooter (Electric Scooter Damage) including whether caused by the Hirer or any third party; and

      2. any loss or damage to any third party (including any injury or death) and / or any third party property which arises from:

        1. the use or possession of the Electric Scooter by the Hirer, any Passenger or any person the Hirer or Passenger authorises or consents to use the Electric Scooter during the Hire Period or for any other time during which the Hirer is responsible for the Electric Scooter; or

        2. an Accident,

(Third Party Damage);

  1. any costs and expenses incurred by GENiUX Go arising out of or in any way related to any Electric Scooter Damage and any Third Party Damage; and

  2. any loss of use of the Electric Scooter by GENiUX Go.

  3. The Hirer's liability under clause 12.1:

    1. does not apply to the extent that the loss, damage, injury, death, cost or expense is caused by any breach by GENiUX Go of any provision of the Agreement or any negligent act or omission of GENiUX Go;

    2. is limited in relation to loss of use of the Electric Scooter by GENiUX Go, to the lesser of:

      1. the Late Fee applicable to the period commencing at the End Time and ending at the time the Electric Scooter (or a replacement (but not substitute) for the Electric Scooter, if the Electric Scooter is determined by GENiUX Go to not be reasonably repairable) is made available by GENiUX Go for hire from the Agreed Return Location; and

      2. the Late Fee applicable to the period commencing at the End Time and ending [x] days following the End Time; and

    3. will be subject to later reimbursement where the damage or loss was caused by a third party to the extent GENiUX Go recovers the loss or damage from the third party and/or their insurer.

  4. The Hirer's liability under clause 12.1 shall, at all times, be limited to the Hirer Maximum Liability Amount, except to the extent the liability arises, directly or indirectly, from:

    1. loss or damage resulting from wilful misconduct (including a wilful breach of any terms of this Agreement) or fraud by the Hirer;

which liability, to the extent permitted by law, will be unlimited.

  1. In the event of any Electric Scooter Damage and/or Third Party Damage, the Hirer agrees to pay to GENiUX Go on demand:

    1. if the liability for the relevant Electric Scooter Damage and/or the Third Party Damage (as the case may be) is limited to the Hirer Maximum Liability Amount, the lesser of:

      1. the Hirer Maximum Liability Amount; and

      2. all reasonable costs to return the Electric Scooter to its condition at the commencement of the Hire Period (fair wear and tear excepted); or

    2. if the liability for the relevant Electric Scooter Damage or the Third Party Damage (as the case may be) is not limited to the Hirer Maximum Liability Amount, all losses, damages, costs, charges and expenses incurred by GENiUX Go in connection with the repair of the relevant Electric Scooter Damage (or replacement of the Electric Scooter, where repair is not reasonably practicable) and any Third Party Damage.

  2. The Hirer must not carry out any Repairs without the prior written consent of GENiUX Go except to the extent that the Repairs are necessary to prevent further damage to the Electric Scooter in which case the Hirer shall first use its best endeavours to obtain the prior written consent of GENiUX Go before proceeding to carry out the Repairs.

  3. GENiUX Go shall reimburse the Hirer for the costs of any Repairs carried out in accordance with clause 12.5 upon production of the original receipts in respect of the Repairs.

  1. Liability of GENiUX Go

    1. The Hirer has rights against GENiUX Go under consumer protection laws relating to the Electric Scooter and other goods or services we provide to the Hirer under the Agreement that GENiUX Go cannot exclude or limit (Consumer Law Liability).

    2. Except for Consumer Law Liability, the Hirer acknowledges and agrees that GENiUX Go has no liability to the Hirer for (and the Hirer releases GENiUX Go from) any indirect or consequential loss, loss of profits or loss of opportunity and also any other loss that does not arise naturally from the relevant breach or circumstances giving rise to the loss, or could reasonably have been in the contemplation of the parties as the probable result of the relevant breach or circumstances giving rise to the loss at the time the parties entered into this Agreement.

    3. If the Hirer is a consumer, GENiUX Go may be taken to have given the Hirer certain consumer guarantees under the Australian Consumer Law about the supply of goods or services to the Hirer. If GENiUX Go fails to comply with those consumer guarantees, then the Hirer may have rights against GENiUX Go under the Australian Consumer Law that GENiUX Go are prohibited by law from excluding, restricting or modifying.  However, where any goods (if any) or services supplied under this contract are not of a kind ordinarily acquired for personal, domestic or household use or consumption, GENiUX Go's liability for breach of any consumer guarantee applicable to GENiUX Go's supply of those goods or, if applicable, services under the Australian Consumer Law, is (to the extent permitted by the Australian Consumer Law) limited to any one or more of the following, as determined by GENiUX Go:

      1. the supply of equivalent goods or services again; and

      2. the payment of the cost of acquiring equivalent good or having the services supplied again. 

    4. Without limiting GENiUX Go's Consumer Law Liability, GENiUX Go's total liability to the Hirer under the Agreement is limited in aggregate to the total amount that could be payable by the Hirer to hire the Electric Scooter from the Time of Commencement until the End Time.

  2. Interest on late payment

    1. GENiUX Go may charge interest at the rate of [12% per annum] on all outstanding amounts which are due but have not been paid by the Hirer in accordance with this Agreement.

    2. Interest shall be calculated on a daily basis from the due date for payment until payment is received by GENiUX Go in full, and all payments received from the Hirer will be credited firstly against any accrued but unpaid interest.

    3. Any accrued but unpaid interest must be paid by the Hirer on demand by GENiUX Go.

  3. Legal proceedings and claims

    1. If any Electric Scooter Damage or Third Party Damage occurs during the Hire Period, in addition to the other obligations set out in this Agreement, the Hirer must:

      1. promptly make any report to police that is required by any applicable law;

      2. where any third party is involved, not make or give any offer, admission of liability, promise of payment, waiver, release, indemnity or settlement without GENiUX Go's prior written consent;

      3. allow GENiUX Go or its insurers at their own cost to conduct or settle any legal proceedings against a third party;

      4. allow GENiUX Go to make a claim, in the Hirer's name, under any applicable insurance held by the Hirer, and the Hirer agrees to do everything reasonably required to assist GENiUX Go in making such a claim including, without limitation, assigning the benefit of any applicable insurance to GENiUX Go;

      5. complete and furnish to GENiUX Go within a reasonable time any statement, information or assistance which GENiUX Go or its insurers may reasonably require including, without limitation, attending at a lawyer's office and at Court to give evidence for which the Hirer will be paid reasonable costs (including associated travel costs and any necessary accommodation costs); and

      6. forward to GENiUX Go any claims or correspondence in relation to the loss or damage from third parties within 3 days of receipt.

  4. Termination, suspension and registration

    1. GENiUX Go has the right to terminate this Agreement at any time and effective immediately if:

      1. there is a breach any term of the Agreement;

      2. in GENiUX Go's opinion, the Hirer commits or allows any third person to:

        1. commit any abuse or damage the Electric Scooter; or

        2. otherwise act in a way which does not allow for other users to use the Electric Scooter in a safe and proper manner; or

      3. the Hirer is no longer registered as a user of the App, or has had its use of the App suspended or terminated.

    2. The Hirer acknowledges and agrees that GENiUX Go has the right in its sole discretion to suspend or terminate a person's use of the App and the services provided by the App (including in relation to the hire of any Electric Scooter) for breach of this Agreement or for any reason that GENiUX Go considers appropriate.

  5. Hirer's warranties

    1. The Hirer warrants and represents to GENiUX Go that, as at the date of entering this Agreement (and for the duration of the Hire Period):

      1. the Hirer has a current and valid Driver's Licence or International Driver's Licence that has authorised the Hirer to ride electric scooters of the same category as the Electric Scooter for the period of at least the last 12 consecutive months; and

      2. all information, licences and documents supplied by the Hirer in connection with the hire of the Electric Scooter are true, complete and accurate in all respects.

  6. Force Majeure

    1. Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.  However, this paragraph does not apply to any of the Hirer’s obligations to pay money under this Agreement. 

    2. Without limiting what might be circumstances outside of a party's reasonable control, each of the following events in the rest of this clause 18.2 are deemed to be beyond a party's reasonable control, acts of God, war, changes in government policies, computer viruses, hacker attacks and suspension of services provided by telecommunication agencies.

  7. GST and other Taxes

    1. In this clause 19, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.

    2. Any consideration to be paid or provided for a supply made under or in connection with this Agreement, unless specifically described in this Agreement as 'GST exclusive', includes an amount on account of GST.

    3. Despite any other provision in this Agreement, if a party (Supply Maker) makes a supply under or in connection with this Agreement on which GST is imposed (not being a supply the consideration for which is GST inclusive), the consideration payable or to be provided for that supply under this Agreement but for the application of this clause (GST exclusive consideration) is increased by, and the recipient of the supply must also pay to the Supply Maker, an amount equal to the GST payable by the Supply Maker on that supply.

    4. If a payment to a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

    5. Subject to clauses 19.1 to 19.4, all taxes imposed or levied in connection with this Agreement or any transaction contemplated by this Agreement will be borne by GENIUX GO, other than any duty which is required to be paid in respect of the Hire Period, which shall be to the Hirer's account.

  8. Survival of terms

    1. Certain rights and obligations of the parties are expressed, or by necessary implication are intended, to continue in force and effect beyond the end of the Hire Period.  All such clauses survive beyond the Hire Period until such time as all rights and obligations arising out of or with respect to the Hire Period have been fully performed, or have otherwise expired because of the operation of any law providing for a limitation on the survival of such rights.

  9. Disputes

    1. The parties must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement (Dispute) by first engaging in negotiations.

    2. If the parties cannot resolve the Dispute within [5 days] (or such longer period as agreed between the parties) after the Dispute is referred to them, then either party may seek any relief it considers appropriate in a court of competent jurisdiction.

    3. Unless a party has complied with clause 21.1, that party may not commence court proceedings relating to any Dispute, except where that party seeks urgent interlocutory relief.

    4. The parties must continue to perform their respective obligations under this Agreement pending the resolution of a Dispute.

  10. Privacy and use of the Hirers personal information

    1. The Hirer acknowledges that GENiUX Go may collect, use, hold and disclose the Hirer’s personal, credit related and confidential information where it is required under law and in order to provide the Hirer with the services under this Agreement.  The Hirer agrees that GENiUX Go may disclose this information to:

      1. GENiUX Go’s related companies;

      2. GENiUX Go’s personnel and other contractors of GENiUX Go; and

      3. any person as is required by any law,

for these purposes and more broadly in connection with this Agreement.

  1. The Hirer acknowledges that GENiUX Go may collect this information from the Hirer, but GENiUX Go may also collect this information from third parties (including credit reporting bodies).

  2. If the Hirer provides GENiUX Go with personal information about another person, the Hirer must have first told that person that their information will be provided to GENiUX Go and make them aware of the matters in this privacy statement (and GENiUX Go will assume this has occurred).

  3. GENiUX Go’s detailed privacy and credit reporting policies are available on our website

  4. [GENiUX Go’s credit reporting statement explains how GENiUX Go discloses credit information, how GENiUX Go’s disclosure may affect the Hirer’s creditworthiness and how to access, correct or complain about GENiUX Go’s treatment of the Hirer’s credit information. Please contact GENiUX Go to request a copy.]

  1. General

    1. You may not assign the benefit of, or any of your obligations under this Agreement.

    2. GENiUX Go may subcontract the Services (or any part of them).  GENiUX Go remains responsible for all obligations, services and functions performed by any subcontractors to the same extent as if those obligations, services and functions were performed by GENiUX Go.

    3. Whenever the approval, consent, certification, notification or agreement of any person is required, it must be in writing or be given or obtained by electronic communication in accordance with the Electronic Transactions Act 2011 (WA) and obtained before implementing the action to which it relates

    4. If any of the terms in the Agreement (including these Electric Scooter Hire Terms and Conditions) are invalid or unenforceable they can be severed without affecting the enforceability of the other terms in any way.

    5. The failure or delay by a party to enforce any term of the Agreement (including these Electric Scooter Hire Terms and Conditions) will not be deemed a waiver of such term.

    6. The Agreement is governed by the laws of Western Australia. 

    7. In this Agreement, except where the context otherwise requires:

      1. the singular includes the plural and vice versa;

      2. a gender includes other genders;

      3. another grammatical form of a defined word or expression has, when capitalised, a corresponding meaning;

      4. a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to this Agreement, and a reference to this Agreement includes any schedule or annexure;

      5. a reference to A$, $A, dollar or $ is to Australian currency;

      6. a reference to time is to the time in Perth, Australia;

      7. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

      8. a reference to a statute, ordinance, code or other law includes regulations and other enforceable instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

      9. the meaning of general words is not limited by specific examples that follow them;

      10. the meaning of general words is not limited merely because more specific words precede them;

      11. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

      12. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it or benefits from the relevant provision.