Terms And Conditions
Last updated on 25 November 2024
STARKLO & CO PTY LTD
ABN 46 681 241 136
HIRE TERMS AND CONDITIONS
Welcome to Starklo Eco-Rentals.
In these terms, we also refer to STARKLO & CO PTY LTD ABN 46 681 241 136 as “our”, “we”, or “us”.
And you are you, the Customer (Customer)!
What are these terms about?
These terms and conditions (Hire Terms) apply when you use this website, being http://www.starklo.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you hire our e-scooters (E-Scooters), including any applicable attachments such as locks and helmets (Attachments) through this Website (together are referred to as “Equipment”).
By clicking the tick box below, paying any Fees or otherwise accepting the benefit of any Equipment under this Agreement such as placing a booking for the Equipment, you agree to be bound by these terms which form a binding contractual agreement and you must not hire any Equipment unless you have read and agree to these terms.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.starklo.com.au/privacy-policy.
Please note – if you cancel your Booking, cancellation fees may apply. Please refer to clause 18
for our cancellation policy.
Disclaimer
The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device as set out in clause 12.4.
(a) Capitalised words and phrases used in these Hire Terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
(b) A reference to Equipment includes both E-Scooters and Attachments (for example, a helmet). Not all provisions will be applicable to both types of equipment.
(a) By making a booking via the Website, you are taken to have accepted these Hire Terms and are entering into an agreement to hire the Equipment, selected by you, from Starklo Eco-Rentals from the time and date selected by you (Start Date) until the time and date selected by you (Return Date) for the fees set out on the website or otherwise agreed with Starklo Eco-Rentals (Hire Fee), (collectively, the Booking).
(b) By submitting a Booking for the hire of Equipment using the Website’s functionality, you represent and warrant that:
(i) you intend to place a binding order to hire the Equipment on a rental basis (and you are not purchasing the Equipment);
(ii) you will return the Equipment on or before the Return Date unless you extend your Booking;
(iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iv) you are authorised to use the debit or credit card you provide with your Booking.
(c) The Equipment is, and will at all times be and remain, the property of Starklo Eco-Rentals. You will not have any right, title or interest in or to the Equipment except as expressly set out in these Hire Terms. You must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Rental Term.
3 bookings and customer information
(a) As part of submitting the Booking, in addition to the Equipment, Start Date, and Return Date, the Customer will be required to provide additional information (including personal information) such as a valid copy of the Customer’s drivers licence, the Customer’s name, address and contact details including mobile number and email address, and the Customer’s proposed delivery address or an address agreed to between the parties (Delivery Address) (collectively, Customer Information).
(b) When making the Booking, the Customer warrants that:
(i) all Customer Information is accurate, up to date and complete;
(ii) the Customer has the legal capacity to enter into this agreement; and
(iii) have read and understood any instructional materials provided by Starklo Eco-Rentals, including materials around the use of the E-Scooter, the manufacturer’s instructions and Starklo Eco-Rentals’ Road Awareness and Safe Riding Practices and Hazard Awareness and Reaction Tips.
(c) Bookings are not confirmed until Starklo Eco-Rentals has confirmed the Booking via a confirmation email.
4 hire period
(a) Our Equipment is intended to be hired by you for the hire period set out in the Booking, commencing on the Start Date and ending on the Return Date specified in the Booking (Hire Period).
(b) If you want to extend the Hire Period, you may do so by contacting us and requesting to extend the Hire Period in writing (Extension).
(c) If requested as part of the Booking, Starklo Eco-Rentals will deliver the Equipment to the noted Delivery Address, unless delivery is refused in accordance with clause 3(d).
(d) The Customer must ensure there is a person to accept delivery of the Equipment. Starklo Eco-Rentals will not deliver the Equipment if there is no one to accept delivery.
(e) The Customer must ensure that any person collecting or taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so.
(f) The Customer acknowledges that Starklo Eco-Rentals will use its best endeavours to ensure that the Equipment is delivered on the Start Date (and time), however circumstances may mean Starklo Eco-Rentals may be late. Starklo Eco-Rentals will notify the Customer as soon as possible if it is going to be late.
(g) At the end of the Hire Period, Starklo Eco-Rentals will pick up the Equipment from the Delivery Address.
(h) The Customer must ensure that the Equipment is ready and available for pick up from the Delivery Address at the agreed time.
5 PAYMENT
5.1 hire fees
(a) The Hire Fee is payable on making the Booking.
(b) Subject to the Equipment being hired, Starklo Eco-Rentals may require the Hire Fees to be paid via the Website or issue an invoice and via the method as set out in the invoice.
5.2 additional charges and amounts
(a) If any Additional Charges or amounts are charged in accordance with these Hire Terms (including insurance excesses and the cost of any cleaning or repairs) (Additional Charges), the Customer must pay Starklo Eco-Rentals the Additional Charges.
(b) The table below is a summary of Additional Charges that may be charged to the Customer. This table is not complete and does not include (for example) any fees or amounts that may be paid for repairs or damage to third party property.
Charge | Amount to be charged | When the amount is charged |
Late Fee | A timed pro-rata daily Hire Fee amount in addition to the daily Hire Fee amount. | If the Equipment is not made available by the Customer to be picked up by Starklo Eco-Rentals on the Return Date and charged for each day or part day the Equipment is not available for pick up. |
Cleaning Fee | $35
| If the Equipment is not Clean when returned. Note this fee is an estimate only and the final amount may be greater if the Equipment requires an extensive clean. Also see clause 7.6 |
Call-Out Fee | A standard call-out fee of $40 applies. This amount may vary depending on factors such as the customer’s distance from our base location and the time of day the call-out occurs. | If the Equipment must require Starklo Eco-Rentals to travel and inspect the Equipment due to the Customer’s improper use, negligence, recklessness or damage, caused or contributed to by the Customer due to a breach of any provisions in clause 7. |
Recharge Fee | $20 | See clause 8(c). |
22.1 gst
Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Starklo Eco-Rentals, you must pay the GST subject to Starklo Eco-Rentals providing a tax invoice.
22.2 card surcharges
Starklo Eco-Rentals reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
22.3 Online payment partner
We may use third-party payment providers such as GoCardless (Payment Providers) to collect payments as part of the Booking. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible [here] and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
22.4 security bond
(a) To hire the Equipment, we require the payment of a Security Bond or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Period (Security Bond).
(b) Upon return of the Equipment, we may claim the Security Bond against any amount owed by the Customer to us under this Agreement.
22.5 LATE PAYMENT
If the Customer does not pay Starklo Eco-Rentals the amounts due and payable under an invoice on or before its due date, without limiting any of Starklo Eco-Rentals’ other rights under this Agreement, the Customer must pay Starklo Eco-Rentals interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Starklo Eco-Rentals. However, before applying this interest, Starklo Eco-Rentals will provide the Customer with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Starklo Eco-Rentals.
22.6 payments other than fees
(a) Immediately on demand by Starklo Eco-Rentals, the Customer must pay:
(i) the full replacement cost of any Equipment which is for whatever reason not returned to Starklo Eco-Rentals;
(ii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;
(iii) all costs incurred by Starklo Eco-Rentals in delivering and recovering possession of the Equipment; and
(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Starklo Eco-Rentals in these Hire Terms due to the Customer’s breach.
(b) Without limiting the ability of Starklo Eco-Rentals to recover all amounts owing to it, the Customer authorises Starklo Eco-Rentals to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Booking.
22.7 CASH-BACK INCENTIVE
(a) Subject to the Customer's compliance with these Hire Terms and the condition requirements set out below, Starklo Eco-Rentals may provide the Customer with a cash-back incentive (Cash-Back Incentive) calculated as a percentage of the Hire Fee paid by the Customer and determined by the value of the Security Bond.
(b) The Cash-Back Incentive will only be provided if:
(i) the Equipment is returned on or before the Return Date in the same condition as it was delivered to the Customer, with no damage, scratches, or excessive wear;
(ii) the Customer has complied with all terms of these Hire Terms; and
(iii) no Additional Charges have been incurred during the Hire Period.
(c) The percentage rate of the Cash-Back Incentive will be:
(i) determined based on the duration of the Hire Period and the amount of the Security Bond paid;
(ii) up to a maximum of 20% of the Hire Fees; and
(iii) as otherwise set out on the Website at the time of Booking.
(d) The Cash-Back Incentive, if applicable, will be paid to the Customer following the successful return and inspection of the Equipment by Starklo Eco-Rentals.
(e) Starklo Eco-Rentals reserves the right to determine, in its sole discretion, whether the Equipment has been returned in satisfactory condition to qualify for the Cash-Back Incentive.
23 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Equipment or any services related to providing the Equipment and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Equipment to you, and you can cancel your Booking in accordance with clause 18.
24.1 what you must do
(a) The Customer must ensure that the Equipment is only used:
(i) within the Gold Coast and Brisbane metropolitan area;
(ii) in a proper and skilful manner;
(iii) in circumstances where the Customer is always in control and within their ability;
(iv) with precaution and regard to the Customer’s and other people’s safety;
(v) in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer, including the Manufacturer’s policies on battery charging and protection; and
(vi) in accordance with all Laws, rules and regulations applicable to the Equipment and its use, including all applicable local, state, and national traffic Laws such as riding the E-Scooter on roads where prohibited by Law.
(b) The Customer must, at all times while using the E-Scooter, wear:
(i) a helmet issued by Starklo Eco-Rentals;
(ii) closed toe footwear;
(iii) reflective clothing if riding in the dark; and
(iv) any other protective body clothing.
24.2 restrictions on Use – what you cannot do
The Customer must not, and must not allow any third party to:
(a) (Use the E-Scooter without a Helmet) use the Equipment without a helmet compliant with Australian standards, including if the helmet is damaged or otherwise compromised;
(b) (Surface Limitations) use the Equipment on unsealed roads, or on any other unsuitable surfaces such as such as gravel, sand, mud, or uneven terrain;
(c) (Prohibited Areas of Use) use the Equipment on private property with the express permission of the property owner, or on any fire trails, any beaches, nature areas, grassed areas or through streams, rivers, flood waters or any other body of water;
(d) (Illicit or Reckless Conduct) use the Equipment for any dangerous or illegal purpose, contest or performance test such as excessive speeding, weaving through traffic, stunts, jumps, or any unsafe manoeuvres;
(e) (Single Customer Use Only) allow any person except the Customer to operate the Equipment, including allowing the Equipment to be used to carry passengers for payment of any kind and/or for racing;
(f) (Prohibited Modifications) make any alterations to the Equipment, including by unauthorised repair, altering speed settings, bypassing safety features, or tampering with the electrical system;
(g) (No Drugs/Alcohol) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
(h) use or allow the Equipment to be used when it is damaged or unsafe;
(i) (No Attachments) affix or install any accessories, equipment or device on (other than the included Attachments set out on the Website) without Starklo Eco-Rentals’ prior written consent;
(j) commercialise or sub-hire the Equipment or
(k) use the Equipment to tow or haul any loads.
24.3 storage and condition
The Customer must:
(a) comply with the manufacturer’s instructions relating to charging, such as only using the approved charger in safe and dry conditions;
(b) when the Equipment is unattended, always keep it locked and keep the keys under their control; and
(c) if instructed by Starklo Eco-Rentals, the Customer must cover the Equipment with waterproof material in wet weather conditions.
24.4 routine Maintenance and servicing
(a) The Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession, such as checking tire pressure or cleaning the E-Scooter.
(b) From time to time during the Hire Period, the Equipment may require a regular maintenance service (Maintenance) to ensure that the E-Scooter is serviced and maintained.
(c) Where Maintenance is required, Starklo Eco-Rentals will endeavour to notify the Customer in advance of the Maintenance. Upon receiving the notification, the Customer must make the Equipment available for Maintenance by Starklo Eco-Rentals.
(d) If Starklo Eco-Rentals services the Equipment and is unable to use the E-Scooter, Starklo Eco-Rentals will provide Starklo Eco-Rentals a temporary replacement E-Scooter for the duration of the Maintenance.
24.5 Personal Property
The Starklo Eco-Rentals is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Starklo Eco-Rentals or stolen from the Equipment or otherwise lost during the Hire Period.
The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, a cleaning fee covering the total cost to Starklo Eco-Rentals to clean the Equipment will apply.
(a) The Customer must on the Return Date specified in the Booking, return the Equipment to Starklo Eco-Rentals to the Delivery Address in the same condition as it was in on the Start Date.
(b) If the Customer returns the Equipment before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.
(i) ensure that the E-Scooter has a full charge when it is returned to Starklo Eco-Rentals; and
(ii) promptly pay to Starklo Eco-Rentals a recharge fee as set out on the Website (Recharge Fee), if the Customer fails to comply with this clause.
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), the Customer must immediately:
(i) notify Starklo Eco-Rentals;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without Starklo Eco-Rentals’ written consent; and
(vi) comply with Starklo Eco-Rentals’ directions in relation to the return of the Equipment.
(b) Subject to clause 9(c), if, upon inspection of the Equipment, Starklo Eco-Rentals determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then Starklo Eco-Rentals will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Period during which the Breakdown persisted; or
(ii) not caused by an Equipment Fault, then the Customer will still be required to pay the Hire Fees.
(c) Clause 9(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies Starklo Eco-Rentals may have access to in relation to a Breakdown, under this Agreement or otherwise.
27 REPLACEMENT, LOSS AND DAMAGE
The Customer will be fully liable to Starklo Eco-Rentals for:
(a) any loss or damage to the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to Starklo Eco-Rentals in writing of any such loss or damage; and
(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession.
28.1 Insurance
(a) The Customer acknowledges that Starklo Eco-Rentals may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and Starklo Eco-Rentals will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment.
(b) If Starklo Eco-Rentals notifies the Customer that it holds insurance in relation to the Equipment, the Customer must not do or permit anything to be done which may make Starklo Eco-Rentals’ insurance invalid or able to be cancelled or which may increase Starklo Eco-Rentals’ insurance premiums.
(c) The Starklo Eco-Rentals reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Period, to damage or loss caused or contributed to by the Customer, however Starklo Eco-Rentals is under no obligation to. If Starklo Eco-Rentals chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, the Customer will be required to pay any excess payable by Starklo Eco-Rentals in respect of such a claim.
28.2 Incidents, Loss and Damage
(a) Subject to any Starklo Eco-Rentals insurance policy that covers the Customer, which Starklo Eco-Rentals has indicated it will claim against to cover the Customer, if the Equipment is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate Starklo Eco-Rentals for any costs of repair or replacement.
(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:
(i) must promptly report the Incident to the local police (if required by Law);
(ii) must report the Incident to Starklo Eco-Rentals in writing within one Business Day;
(iii) must, if such damage, destruction or theft is covered by and compensated to Starklo Eco-Rentals under an insurance policy, pay the relevant excess amount to Starklo Eco-Rentals, as well as any other reasonable costs that Starklo Eco-Rentals incurs in relation to such damage, destruction or theft;
(iv) must not, without Starklo Eco-Rentals’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;
(v) must, if requested, permit Starklo Eco-Rentals or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and
(vi) must, if requested, provide to Starklo Eco-Rentals, within a reasonable time, any statement, information or assistance which Starklo Eco-Rentals or its insurer requests, including by attending a lawyer’s office or a court to give evidence.
29 OWNERSHIP, POSSESSION AND TITLE
29.1 OWNERSHIP
(a) The Equipment is and will at all times remain the property of Starklo Eco-Rentals, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.
(b) The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
29.2 POSSESSION
The Customer must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Hire Period.
29.3 ENCUMBRANCES
The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
(a) if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Starklo Eco-Rentals’ option, Starklo Eco-Rentals may remove or satisfy the lien at the Customer’s cost; and
(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.
(a) The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device in order to locate, monitor and track the E-Scooter and any Attachments, at all times, and any other required electronic security devices to ensure the safety of the E-Scooter such as an immobiliser.
30 PERSONAL PROPERTY SECURITIES
(a) The Customer acknowledges and agrees that:
(i) Starklo Eco-Rentals may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
(ii) if requested by Starklo Eco-Rentals, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Starklo Eco-Rentals to ensure that any security interest created is perfected and to enable Starklo Eco-Rentals to gain first priority for its security interest.
(b) The Customer agrees to contract out of the application of the following provisions of the PPSA, and these provisions will not apply to this Agreement:
(i) Section 115(7);
(ii) Section 117;
(iii) Section 118;
(iv) Section 120;
(v) Section 121(4);
(vi) Section 130;
(vii) Section 135; and
(viii) Section 143.
(c) Notwithstanding any exclusions in clause 18(b), the Customer acknowledges the application and importance of the following provisions of the PPSA, which shall remain unaffected and continue to apply to this Agreement:
(i) Section 123;
(ii) Sections 125, 126, 128, and 129; and
(iii) Section 142.
(d) In this clause:
(i) “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
(ii) “PPS Register” means the Personal Property Securities Register established under the PPSA; and
(iii) a term used in this clause is taken to have the meaning defined under the PPSA.
31 EARLY RETURN
Notwithstanding any other clause in this Agreement, Starklo Eco-Rentals may demand the early return of the Equipment, or retake possession of the Equipment, if Starklo Eco-Rentals reasonably suspects that:
(a) damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely;
(b) the Equipment may be used for an unlawful purpose.
32 SECURITY
To the maximum extent permitted by law, Starklo Eco-Rentals does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
33 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
34 LIABILITY
34.1 WARRANTIES
(a) The Customer acknowledges they have relied on their own judgment and expertise in deciding to rent the Equipment and/or acquire the Services for their intended purpose.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
34.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Starklo Eco-Rentals under the most recent Booking.
(b) Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your:
(i) breach of clause 2;
(ii) breach of clause 3;
(iii) breach of clause 7;
(iv) breach of clause 8;
(v) breach of clause 9;
(vi) breach of clause 10;
(vii) breach of clause 11;
(viii) breach of clause 12;
(ix) breach of clause 13; or
(x) negligent, fraudulent or criminal act or omission.
34.3 Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Equipment or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
35 termination and cancellations
35.1 TERMINATION FOR CONVENIENCE
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
35.2 TERMINATION FOR BREACH
(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
(b) A “Breach” of this agreement means:
(c) a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;
(i) the other party is given 10 Business Days to rectify the breach; and
(ii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
35.3 EFFECT OF TERMINATION
Upon termination of this agreement, each party must:
(a) return all Equipment, property and Confidential Information to the other party;
(b) comply with all obligations that are by their nature intended to survive the end of this agreement;
(c) stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated;
(d) the Customer must pay any outstanding Hire Fees, including any Additional Charges;
(e) make the Equipment ready and available to pick up from the Delivery Address; and
(f) if you terminate this agreement in accordance with clause 18.1 and [insert].
36 GENERAL
36.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
36.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
36.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
36.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
36.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
36.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
36.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
36.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
37 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
(d)
Terms And Conditions
Last updated on 25 November 2024
STARKLO & CO PTY LTD
ABN 46 681 241 136
HIRE TERMS AND CONDITIONS
Welcome to Starklo Eco-Rentals.
In these terms, we also refer to STARKLO & CO PTY LTD ABN 46 681 241 136 as “our”, “we”, or “us”.
And you are you, the Customer (Customer)!
What are these terms about?
These terms and conditions (Hire Terms) apply when you use this website, being http://www.starklo.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you hire our e-scooters (E-Scooters), including any applicable attachments such as locks and helmets (Attachments) through this Website (together are referred to as “Equipment”).
By clicking the tick box below, paying any Fees or otherwise accepting the benefit of any Equipment under this Agreement such as placing a booking for the Equipment, you agree to be bound by these terms which form a binding contractual agreement and you must not hire any Equipment unless you have read and agree to these terms.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.starklo.com.au/privacy-policy.
Please note – if you cancel your Booking, cancellation fees may apply. Please refer to clause 18
for our cancellation policy.
Disclaimer
The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device as set out in clause 12.4.
(a) Capitalised words and phrases used in these Hire Terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
(b) A reference to Equipment includes both E-Scooters and Attachments (for example, a helmet). Not all provisions will be applicable to both types of equipment.
(a) By making a booking via the Website, you are taken to have accepted these Hire Terms and are entering into an agreement to hire the Equipment, selected by you, from Starklo Eco-Rentals from the time and date selected by you (Start Date) until the time and date selected by you (Return Date) for the fees set out on the website or otherwise agreed with Starklo Eco-Rentals (Hire Fee), (collectively, the Booking).
(b) By submitting a Booking for the hire of Equipment using the Website’s functionality, you represent and warrant that:
(i) you intend to place a binding order to hire the Equipment on a rental basis (and you are not purchasing the Equipment);
(ii) you will return the Equipment on or before the Return Date unless you extend your Booking;
(iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iv) you are authorised to use the debit or credit card you provide with your Booking.
(c) The Equipment is, and will at all times be and remain, the property of Starklo Eco-Rentals. You will not have any right, title or interest in or to the Equipment except as expressly set out in these Hire Terms. You must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Rental Term.
3 bookings and customer information
(a) As part of submitting the Booking, in addition to the Equipment, Start Date, and Return Date, the Customer will be required to provide additional information (including personal information) such as a valid copy of the Customer’s drivers licence, the Customer’s name, address and contact details including mobile number and email address, and the Customer’s proposed delivery address or an address agreed to between the parties (Delivery Address) (collectively, Customer Information).
(b) When making the Booking, the Customer warrants that:
(i) all Customer Information is accurate, up to date and complete;
(ii) the Customer has the legal capacity to enter into this agreement; and
(iii) have read and understood any instructional materials provided by Starklo Eco-Rentals, including materials around the use of the E-Scooter, the manufacturer’s instructions and Starklo Eco-Rentals’ Road Awareness and Safe Riding Practices and Hazard Awareness and Reaction Tips.
(c) Bookings are not confirmed until Starklo Eco-Rentals has confirmed the Booking via a confirmation email.
4 hire period
(a) Our Equipment is intended to be hired by you for the hire period set out in the Booking, commencing on the Start Date and ending on the Return Date specified in the Booking (Hire Period).
(b) If you want to extend the Hire Period, you may do so by contacting us and requesting to extend the Hire Period in writing (Extension).
(c) If requested as part of the Booking, Starklo Eco-Rentals will deliver the Equipment to the noted Delivery Address, unless delivery is refused in accordance with clause 3(d).
(d) The Customer must ensure there is a person to accept delivery of the Equipment. Starklo Eco-Rentals will not deliver the Equipment if there is no one to accept delivery.
(e) The Customer must ensure that any person collecting or taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so.
(f) The Customer acknowledges that Starklo Eco-Rentals will use its best endeavours to ensure that the Equipment is delivered on the Start Date (and time), however circumstances may mean Starklo Eco-Rentals may be late. Starklo Eco-Rentals will notify the Customer as soon as possible if it is going to be late.
(g) At the end of the Hire Period, Starklo Eco-Rentals will pick up the Equipment from the Delivery Address.
(h) The Customer must ensure that the Equipment is ready and available for pick up from the Delivery Address at the agreed time.
5 PAYMENT
5.1 hire fees
(a) The Hire Fee is payable on making the Booking.
(b) Subject to the Equipment being hired, Starklo Eco-Rentals may require the Hire Fees to be paid via the Website or issue an invoice and via the method as set out in the invoice.
5.2 additional charges and amounts
(a) If any Additional Charges or amounts are charged in accordance with these Hire Terms (including insurance excesses and the cost of any cleaning or repairs) (Additional Charges), the Customer must pay Starklo Eco-Rentals the Additional Charges.
(b) The table below is a summary of Additional Charges that may be charged to the Customer. This table is not complete and does not include (for example) any fees or amounts that may be paid for repairs or damage to third party property.
Charge | Amount to be charged | When the amount is charged |
Late Fee | A timed pro-rata daily Hire Fee amount in addition to the daily Hire Fee amount. | If the Equipment is not made available by the Customer to be picked up by Starklo Eco-Rentals on the Return Date and charged for each day or part day the Equipment is not available for pick up. |
Cleaning Fee | $35
| If the Equipment is not Clean when returned. Note this fee is an estimate only and the final amount may be greater if the Equipment requires an extensive clean. Also see clause 7.6 |
Call-Out Fee | A standard call-out fee of $40 applies. This amount may vary depending on factors such as the customer’s distance from our base location and the time of day the call-out occurs. | If the Equipment must require Starklo Eco-Rentals to travel and inspect the Equipment due to the Customer’s improper use, negligence, recklessness or damage, caused or contributed to by the Customer due to a breach of any provisions in clause 7. |
Recharge Fee | $20 | See clause 8(c). |
22.1 gst
Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Starklo Eco-Rentals, you must pay the GST subject to Starklo Eco-Rentals providing a tax invoice.
22.2 card surcharges
Starklo Eco-Rentals reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
22.3 Online payment partner
We may use third-party payment providers such as GoCardless (Payment Providers) to collect payments as part of the Booking. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible [here] and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
22.4 security bond
(a) To hire the Equipment, we require the payment of a Security Bond or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Period (Security Bond).
(b) Upon return of the Equipment, we may claim the Security Bond against any amount owed by the Customer to us under this Agreement.
22.5 LATE PAYMENT
If the Customer does not pay Starklo Eco-Rentals the amounts due and payable under an invoice on or before its due date, without limiting any of Starklo Eco-Rentals’ other rights under this Agreement, the Customer must pay Starklo Eco-Rentals interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Starklo Eco-Rentals. However, before applying this interest, Starklo Eco-Rentals will provide the Customer with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Starklo Eco-Rentals.
22.6 payments other than fees
(a) Immediately on demand by Starklo Eco-Rentals, the Customer must pay:
(i) the full replacement cost of any Equipment which is for whatever reason not returned to Starklo Eco-Rentals;
(ii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;
(iii) all costs incurred by Starklo Eco-Rentals in delivering and recovering possession of the Equipment; and
(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Starklo Eco-Rentals in these Hire Terms due to the Customer’s breach.
(b) Without limiting the ability of Starklo Eco-Rentals to recover all amounts owing to it, the Customer authorises Starklo Eco-Rentals to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Booking.
22.7 CASH-BACK INCENTIVE
(a) Subject to the Customer's compliance with these Hire Terms and the condition requirements set out below, Starklo Eco-Rentals may provide the Customer with a cash-back incentive (Cash-Back Incentive) calculated as a percentage of the Hire Fee paid by the Customer and determined by the value of the Security Bond.
(b) The Cash-Back Incentive will only be provided if:
(i) the Equipment is returned on or before the Return Date in the same condition as it was delivered to the Customer, with no damage, scratches, or excessive wear;
(ii) the Customer has complied with all terms of these Hire Terms; and
(iii) no Additional Charges have been incurred during the Hire Period.
(c) The percentage rate of the Cash-Back Incentive will be:
(i) determined based on the duration of the Hire Period and the amount of the Security Bond paid;
(ii) up to a maximum of 20% of the Hire Fees; and
(iii) as otherwise set out on the Website at the time of Booking.
(d) The Cash-Back Incentive, if applicable, will be paid to the Customer following the successful return and inspection of the Equipment by Starklo Eco-Rentals.
(e) Starklo Eco-Rentals reserves the right to determine, in its sole discretion, whether the Equipment has been returned in satisfactory condition to qualify for the Cash-Back Incentive.
23 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Equipment or any services related to providing the Equipment and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Equipment to you, and you can cancel your Booking in accordance with clause 18.
24.1 what you must do
(a) The Customer must ensure that the Equipment is only used:
(i) within the Gold Coast and Brisbane metropolitan area;
(ii) in a proper and skilful manner;
(iii) in circumstances where the Customer is always in control and within their ability;
(iv) with precaution and regard to the Customer’s and other people’s safety;
(v) in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer, including the Manufacturer’s policies on battery charging and protection; and
(vi) in accordance with all Laws, rules and regulations applicable to the Equipment and its use, including all applicable local, state, and national traffic Laws such as riding the E-Scooter on roads where prohibited by Law.
(b) The Customer must, at all times while using the E-Scooter, wear:
(i) a helmet issued by Starklo Eco-Rentals;
(ii) closed toe footwear;
(iii) reflective clothing if riding in the dark; and
(iv) any other protective body clothing.
24.2 restrictions on Use – what you cannot do
The Customer must not, and must not allow any third party to:
(a) (Use the E-Scooter without a Helmet) use the Equipment without a helmet compliant with Australian standards, including if the helmet is damaged or otherwise compromised;
(b) (Surface Limitations) use the Equipment on unsealed roads, or on any other unsuitable surfaces such as such as gravel, sand, mud, or uneven terrain;
(c) (Prohibited Areas of Use) use the Equipment on private property with the express permission of the property owner, or on any fire trails, any beaches, nature areas, grassed areas or through streams, rivers, flood waters or any other body of water;
(d) (Illicit or Reckless Conduct) use the Equipment for any dangerous or illegal purpose, contest or performance test such as excessive speeding, weaving through traffic, stunts, jumps, or any unsafe manoeuvres;
(e) (Single Customer Use Only) allow any person except the Customer to operate the Equipment, including allowing the Equipment to be used to carry passengers for payment of any kind and/or for racing;
(f) (Prohibited Modifications) make any alterations to the Equipment, including by unauthorised repair, altering speed settings, bypassing safety features, or tampering with the electrical system;
(g) (No Drugs/Alcohol) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
(h) use or allow the Equipment to be used when it is damaged or unsafe;
(i) (No Attachments) affix or install any accessories, equipment or device on (other than the included Attachments set out on the Website) without Starklo Eco-Rentals’ prior written consent;
(j) commercialise or sub-hire the Equipment or
(k) use the Equipment to tow or haul any loads.
24.3 storage and condition
The Customer must:
(a) comply with the manufacturer’s instructions relating to charging, such as only using the approved charger in safe and dry conditions;
(b) when the Equipment is unattended, always keep it locked and keep the keys under their control; and
(c) if instructed by Starklo Eco-Rentals, the Customer must cover the Equipment with waterproof material in wet weather conditions.
24.4 routine Maintenance and servicing
(a) The Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession, such as checking tire pressure or cleaning the E-Scooter.
(b) From time to time during the Hire Period, the Equipment may require a regular maintenance service (Maintenance) to ensure that the E-Scooter is serviced and maintained.
(c) Where Maintenance is required, Starklo Eco-Rentals will endeavour to notify the Customer in advance of the Maintenance. Upon receiving the notification, the Customer must make the Equipment available for Maintenance by Starklo Eco-Rentals.
(d) If Starklo Eco-Rentals services the Equipment and is unable to use the E-Scooter, Starklo Eco-Rentals will provide Starklo Eco-Rentals a temporary replacement E-Scooter for the duration of the Maintenance.
24.5 Personal Property
The Starklo Eco-Rentals is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Starklo Eco-Rentals or stolen from the Equipment or otherwise lost during the Hire Period.
The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, a cleaning fee covering the total cost to Starklo Eco-Rentals to clean the Equipment will apply.
(a) The Customer must on the Return Date specified in the Booking, return the Equipment to Starklo Eco-Rentals to the Delivery Address in the same condition as it was in on the Start Date.
(b) If the Customer returns the Equipment before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.
(i) ensure that the E-Scooter has a full charge when it is returned to Starklo Eco-Rentals; and
(ii) promptly pay to Starklo Eco-Rentals a recharge fee as set out on the Website (Recharge Fee), if the Customer fails to comply with this clause.
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), the Customer must immediately:
(i) notify Starklo Eco-Rentals;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without Starklo Eco-Rentals’ written consent; and
(vi) comply with Starklo Eco-Rentals’ directions in relation to the return of the Equipment.
(b) Subject to clause 9(c), if, upon inspection of the Equipment, Starklo Eco-Rentals determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then Starklo Eco-Rentals will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Period during which the Breakdown persisted; or
(ii) not caused by an Equipment Fault, then the Customer will still be required to pay the Hire Fees.
(c) Clause 9(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies Starklo Eco-Rentals may have access to in relation to a Breakdown, under this Agreement or otherwise.
27 REPLACEMENT, LOSS AND DAMAGE
The Customer will be fully liable to Starklo Eco-Rentals for:
(a) any loss or damage to the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to Starklo Eco-Rentals in writing of any such loss or damage; and
(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession.
28.1 Insurance
(a) The Customer acknowledges that Starklo Eco-Rentals may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and Starklo Eco-Rentals will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment.
(b) If Starklo Eco-Rentals notifies the Customer that it holds insurance in relation to the Equipment, the Customer must not do or permit anything to be done which may make Starklo Eco-Rentals’ insurance invalid or able to be cancelled or which may increase Starklo Eco-Rentals’ insurance premiums.
(c) The Starklo Eco-Rentals reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Period, to damage or loss caused or contributed to by the Customer, however Starklo Eco-Rentals is under no obligation to. If Starklo Eco-Rentals chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, the Customer will be required to pay any excess payable by Starklo Eco-Rentals in respect of such a claim.
28.2 Incidents, Loss and Damage
(a) Subject to any Starklo Eco-Rentals insurance policy that covers the Customer, which Starklo Eco-Rentals has indicated it will claim against to cover the Customer, if the Equipment is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate Starklo Eco-Rentals for any costs of repair or replacement.
(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:
(i) must promptly report the Incident to the local police (if required by Law);
(ii) must report the Incident to Starklo Eco-Rentals in writing within one Business Day;
(iii) must, if such damage, destruction or theft is covered by and compensated to Starklo Eco-Rentals under an insurance policy, pay the relevant excess amount to Starklo Eco-Rentals, as well as any other reasonable costs that Starklo Eco-Rentals incurs in relation to such damage, destruction or theft;
(iv) must not, without Starklo Eco-Rentals’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;
(v) must, if requested, permit Starklo Eco-Rentals or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and
(vi) must, if requested, provide to Starklo Eco-Rentals, within a reasonable time, any statement, information or assistance which Starklo Eco-Rentals or its insurer requests, including by attending a lawyer’s office or a court to give evidence.
29 OWNERSHIP, POSSESSION AND TITLE
29.1 OWNERSHIP
(a) The Equipment is and will at all times remain the property of Starklo Eco-Rentals, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.
(b) The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
29.2 POSSESSION
The Customer must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Hire Period.
29.3 ENCUMBRANCES
The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
(a) if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Starklo Eco-Rentals’ option, Starklo Eco-Rentals may remove or satisfy the lien at the Customer’s cost; and
(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.
(a) The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device in order to locate, monitor and track the E-Scooter and any Attachments, at all times, and any other required electronic security devices to ensure the safety of the E-Scooter such as an immobiliser.
30 PERSONAL PROPERTY SECURITIES
(a) The Customer acknowledges and agrees that:
(i) Starklo Eco-Rentals may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
(ii) if requested by Starklo Eco-Rentals, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Starklo Eco-Rentals to ensure that any security interest created is perfected and to enable Starklo Eco-Rentals to gain first priority for its security interest.
(b) The Customer agrees to contract out of the application of the following provisions of the PPSA, and these provisions will not apply to this Agreement:
(i) Section 115(7);
(ii) Section 117;
(iii) Section 118;
(iv) Section 120;
(v) Section 121(4);
(vi) Section 130;
(vii) Section 135; and
(viii) Section 143.
(c) Notwithstanding any exclusions in clause 18(b), the Customer acknowledges the application and importance of the following provisions of the PPSA, which shall remain unaffected and continue to apply to this Agreement:
(i) Section 123;
(ii) Sections 125, 126, 128, and 129; and
(iii) Section 142.
(d) In this clause:
(i) “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
(ii) “PPS Register” means the Personal Property Securities Register established under the PPSA; and
(iii) a term used in this clause is taken to have the meaning defined under the PPSA.
31 EARLY RETURN
Notwithstanding any other clause in this Agreement, Starklo Eco-Rentals may demand the early return of the Equipment, or retake possession of the Equipment, if Starklo Eco-Rentals reasonably suspects that:
(a) damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely;
(b) the Equipment may be used for an unlawful purpose.
32 SECURITY
To the maximum extent permitted by law, Starklo Eco-Rentals does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
33 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
34 LIABILITY
34.1 WARRANTIES
(a) The Customer acknowledges they have relied on their own judgment and expertise in deciding to rent the Equipment and/or acquire the Services for their intended purpose.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
34.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Starklo Eco-Rentals under the most recent Booking.
(b) Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your:
(i) breach of clause 2;
(ii) breach of clause 3;
(iii) breach of clause 7;
(iv) breach of clause 8;
(v) breach of clause 9;
(vi) breach of clause 10;
(vii) breach of clause 11;
(viii) breach of clause 12;
(ix) breach of clause 13; or
(x) negligent, fraudulent or criminal act or omission.
34.3 Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Equipment or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
35 termination and cancellations
35.1 TERMINATION FOR CONVENIENCE
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
35.2 TERMINATION FOR BREACH
(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
(b) A “Breach” of this agreement means:
(c) a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;
(i) the other party is given 10 Business Days to rectify the breach; and
(ii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
35.3 EFFECT OF TERMINATION
Upon termination of this agreement, each party must:
(a) return all Equipment, property and Confidential Information to the other party;
(b) comply with all obligations that are by their nature intended to survive the end of this agreement;
(c) stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated;
(d) the Customer must pay any outstanding Hire Fees, including any Additional Charges;
(e) make the Equipment ready and available to pick up from the Delivery Address; and
(f) if you terminate this agreement in accordance with clause 18.1 and [insert].
36 GENERAL
36.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
36.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
36.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
36.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
36.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
36.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
36.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
36.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
37 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
(d)
Terms And Conditions
Last updated on 25 November 2024
STARKLO & CO PTY LTD
ABN 46 681 241 136
HIRE TERMS AND CONDITIONS
Welcome to Starklo Eco-Rentals.
In these terms, we also refer to STARKLO & CO PTY LTD ABN 46 681 241 136 as “our”, “we”, or “us”.
And you are you, the Customer (Customer)!
What are these terms about?
These terms and conditions (Hire Terms) apply when you use this website, being http://www.starklo.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you hire our e-scooters (E-Scooters), including any applicable attachments such as locks and helmets (Attachments) through this Website (together are referred to as “Equipment”).
By clicking the tick box below, paying any Fees or otherwise accepting the benefit of any Equipment under this Agreement such as placing a booking for the Equipment, you agree to be bound by these terms which form a binding contractual agreement and you must not hire any Equipment unless you have read and agree to these terms.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.starklo.com.au/privacy-policy.
Please note – if you cancel your Booking, cancellation fees may apply. Please refer to clause 18
for our cancellation policy.
Disclaimer
The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device as set out in clause 12.4.
(a) Capitalised words and phrases used in these Hire Terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
(b) A reference to Equipment includes both E-Scooters and Attachments (for example, a helmet). Not all provisions will be applicable to both types of equipment.
(a) By making a booking via the Website, you are taken to have accepted these Hire Terms and are entering into an agreement to hire the Equipment, selected by you, from Starklo Eco-Rentals from the time and date selected by you (Start Date) until the time and date selected by you (Return Date) for the fees set out on the website or otherwise agreed with Starklo Eco-Rentals (Hire Fee), (collectively, the Booking).
(b) By submitting a Booking for the hire of Equipment using the Website’s functionality, you represent and warrant that:
(i) you intend to place a binding order to hire the Equipment on a rental basis (and you are not purchasing the Equipment);
(ii) you will return the Equipment on or before the Return Date unless you extend your Booking;
(iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iv) you are authorised to use the debit or credit card you provide with your Booking.
(c) The Equipment is, and will at all times be and remain, the property of Starklo Eco-Rentals. You will not have any right, title or interest in or to the Equipment except as expressly set out in these Hire Terms. You must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Rental Term.
3 bookings and customer information
(a) As part of submitting the Booking, in addition to the Equipment, Start Date, and Return Date, the Customer will be required to provide additional information (including personal information) such as a valid copy of the Customer’s drivers licence, the Customer’s name, address and contact details including mobile number and email address, and the Customer’s proposed delivery address or an address agreed to between the parties (Delivery Address) (collectively, Customer Information).
(b) When making the Booking, the Customer warrants that:
(i) all Customer Information is accurate, up to date and complete;
(ii) the Customer has the legal capacity to enter into this agreement; and
(iii) have read and understood any instructional materials provided by Starklo Eco-Rentals, including materials around the use of the E-Scooter, the manufacturer’s instructions and Starklo Eco-Rentals’ Road Awareness and Safe Riding Practices and Hazard Awareness and Reaction Tips.
(c) Bookings are not confirmed until Starklo Eco-Rentals has confirmed the Booking via a confirmation email.
4 hire period
(a) Our Equipment is intended to be hired by you for the hire period set out in the Booking, commencing on the Start Date and ending on the Return Date specified in the Booking (Hire Period).
(b) If you want to extend the Hire Period, you may do so by contacting us and requesting to extend the Hire Period in writing (Extension).
(c) If requested as part of the Booking, Starklo Eco-Rentals will deliver the Equipment to the noted Delivery Address, unless delivery is refused in accordance with clause 3(d).
(d) The Customer must ensure there is a person to accept delivery of the Equipment. Starklo Eco-Rentals will not deliver the Equipment if there is no one to accept delivery.
(e) The Customer must ensure that any person collecting or taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so.
(f) The Customer acknowledges that Starklo Eco-Rentals will use its best endeavours to ensure that the Equipment is delivered on the Start Date (and time), however circumstances may mean Starklo Eco-Rentals may be late. Starklo Eco-Rentals will notify the Customer as soon as possible if it is going to be late.
(g) At the end of the Hire Period, Starklo Eco-Rentals will pick up the Equipment from the Delivery Address.
(h) The Customer must ensure that the Equipment is ready and available for pick up from the Delivery Address at the agreed time.
5 PAYMENT
5.1 hire fees
(a) The Hire Fee is payable on making the Booking.
(b) Subject to the Equipment being hired, Starklo Eco-Rentals may require the Hire Fees to be paid via the Website or issue an invoice and via the method as set out in the invoice.
5.2 additional charges and amounts
(a) If any Additional Charges or amounts are charged in accordance with these Hire Terms (including insurance excesses and the cost of any cleaning or repairs) (Additional Charges), the Customer must pay Starklo Eco-Rentals the Additional Charges.
(b) The table below is a summary of Additional Charges that may be charged to the Customer. This table is not complete and does not include (for example) any fees or amounts that may be paid for repairs or damage to third party property.
Charge | Amount to be charged | When the amount is charged |
Late Fee | A timed pro-rata daily Hire Fee amount in addition to the daily Hire Fee amount. | If the Equipment is not made available by the Customer to be picked up by Starklo Eco-Rentals on the Return Date and charged for each day or part day the Equipment is not available for pick up. |
Cleaning Fee | $35
| If the Equipment is not Clean when returned. Note this fee is an estimate only and the final amount may be greater if the Equipment requires an extensive clean. Also see clause 7.6 |
Call-Out Fee | A standard call-out fee of $40 applies. This amount may vary depending on factors such as the customer’s distance from our base location and the time of day the call-out occurs. | If the Equipment must require Starklo Eco-Rentals to travel and inspect the Equipment due to the Customer’s improper use, negligence, recklessness or damage, caused or contributed to by the Customer due to a breach of any provisions in clause 7. |
Recharge Fee | $20 | See clause 8(c). |
22.1 gst
Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Starklo Eco-Rentals, you must pay the GST subject to Starklo Eco-Rentals providing a tax invoice.
22.2 card surcharges
Starklo Eco-Rentals reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
22.3 Online payment partner
We may use third-party payment providers such as GoCardless (Payment Providers) to collect payments as part of the Booking. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible [here] and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
22.4 security bond
(a) To hire the Equipment, we require the payment of a Security Bond or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Period (Security Bond).
(b) Upon return of the Equipment, we may claim the Security Bond against any amount owed by the Customer to us under this Agreement.
22.5 LATE PAYMENT
If the Customer does not pay Starklo Eco-Rentals the amounts due and payable under an invoice on or before its due date, without limiting any of Starklo Eco-Rentals’ other rights under this Agreement, the Customer must pay Starklo Eco-Rentals interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Starklo Eco-Rentals. However, before applying this interest, Starklo Eco-Rentals will provide the Customer with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Starklo Eco-Rentals.
22.6 payments other than fees
(a) Immediately on demand by Starklo Eco-Rentals, the Customer must pay:
(i) the full replacement cost of any Equipment which is for whatever reason not returned to Starklo Eco-Rentals;
(ii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;
(iii) all costs incurred by Starklo Eco-Rentals in delivering and recovering possession of the Equipment; and
(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Starklo Eco-Rentals in these Hire Terms due to the Customer’s breach.
(b) Without limiting the ability of Starklo Eco-Rentals to recover all amounts owing to it, the Customer authorises Starklo Eco-Rentals to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Booking.
22.7 CASH-BACK INCENTIVE
(a) Subject to the Customer's compliance with these Hire Terms and the condition requirements set out below, Starklo Eco-Rentals may provide the Customer with a cash-back incentive (Cash-Back Incentive) calculated as a percentage of the Hire Fee paid by the Customer and determined by the value of the Security Bond.
(b) The Cash-Back Incentive will only be provided if:
(i) the Equipment is returned on or before the Return Date in the same condition as it was delivered to the Customer, with no damage, scratches, or excessive wear;
(ii) the Customer has complied with all terms of these Hire Terms; and
(iii) no Additional Charges have been incurred during the Hire Period.
(c) The percentage rate of the Cash-Back Incentive will be:
(i) determined based on the duration of the Hire Period and the amount of the Security Bond paid;
(ii) up to a maximum of 20% of the Hire Fees; and
(iii) as otherwise set out on the Website at the time of Booking.
(d) The Cash-Back Incentive, if applicable, will be paid to the Customer following the successful return and inspection of the Equipment by Starklo Eco-Rentals.
(e) Starklo Eco-Rentals reserves the right to determine, in its sole discretion, whether the Equipment has been returned in satisfactory condition to qualify for the Cash-Back Incentive.
23 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Equipment or any services related to providing the Equipment and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Equipment to you, and you can cancel your Booking in accordance with clause 18.
24.1 what you must do
(a) The Customer must ensure that the Equipment is only used:
(i) within the Gold Coast and Brisbane metropolitan area;
(ii) in a proper and skilful manner;
(iii) in circumstances where the Customer is always in control and within their ability;
(iv) with precaution and regard to the Customer’s and other people’s safety;
(v) in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer, including the Manufacturer’s policies on battery charging and protection; and
(vi) in accordance with all Laws, rules and regulations applicable to the Equipment and its use, including all applicable local, state, and national traffic Laws such as riding the E-Scooter on roads where prohibited by Law.
(b) The Customer must, at all times while using the E-Scooter, wear:
(i) a helmet issued by Starklo Eco-Rentals;
(ii) closed toe footwear;
(iii) reflective clothing if riding in the dark; and
(iv) any other protective body clothing.
24.2 restrictions on Use – what you cannot do
The Customer must not, and must not allow any third party to:
(a) (Use the E-Scooter without a Helmet) use the Equipment without a helmet compliant with Australian standards, including if the helmet is damaged or otherwise compromised;
(b) (Surface Limitations) use the Equipment on unsealed roads, or on any other unsuitable surfaces such as such as gravel, sand, mud, or uneven terrain;
(c) (Prohibited Areas of Use) use the Equipment on private property with the express permission of the property owner, or on any fire trails, any beaches, nature areas, grassed areas or through streams, rivers, flood waters or any other body of water;
(d) (Illicit or Reckless Conduct) use the Equipment for any dangerous or illegal purpose, contest or performance test such as excessive speeding, weaving through traffic, stunts, jumps, or any unsafe manoeuvres;
(e) (Single Customer Use Only) allow any person except the Customer to operate the Equipment, including allowing the Equipment to be used to carry passengers for payment of any kind and/or for racing;
(f) (Prohibited Modifications) make any alterations to the Equipment, including by unauthorised repair, altering speed settings, bypassing safety features, or tampering with the electrical system;
(g) (No Drugs/Alcohol) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
(h) use or allow the Equipment to be used when it is damaged or unsafe;
(i) (No Attachments) affix or install any accessories, equipment or device on (other than the included Attachments set out on the Website) without Starklo Eco-Rentals’ prior written consent;
(j) commercialise or sub-hire the Equipment or
(k) use the Equipment to tow or haul any loads.
24.3 storage and condition
The Customer must:
(a) comply with the manufacturer’s instructions relating to charging, such as only using the approved charger in safe and dry conditions;
(b) when the Equipment is unattended, always keep it locked and keep the keys under their control; and
(c) if instructed by Starklo Eco-Rentals, the Customer must cover the Equipment with waterproof material in wet weather conditions.
24.4 routine Maintenance and servicing
(a) The Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession, such as checking tire pressure or cleaning the E-Scooter.
(b) From time to time during the Hire Period, the Equipment may require a regular maintenance service (Maintenance) to ensure that the E-Scooter is serviced and maintained.
(c) Where Maintenance is required, Starklo Eco-Rentals will endeavour to notify the Customer in advance of the Maintenance. Upon receiving the notification, the Customer must make the Equipment available for Maintenance by Starklo Eco-Rentals.
(d) If Starklo Eco-Rentals services the Equipment and is unable to use the E-Scooter, Starklo Eco-Rentals will provide Starklo Eco-Rentals a temporary replacement E-Scooter for the duration of the Maintenance.
24.5 Personal Property
The Starklo Eco-Rentals is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Starklo Eco-Rentals or stolen from the Equipment or otherwise lost during the Hire Period.
The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, a cleaning fee covering the total cost to Starklo Eco-Rentals to clean the Equipment will apply.
(a) The Customer must on the Return Date specified in the Booking, return the Equipment to Starklo Eco-Rentals to the Delivery Address in the same condition as it was in on the Start Date.
(b) If the Customer returns the Equipment before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.
(i) ensure that the E-Scooter has a full charge when it is returned to Starklo Eco-Rentals; and
(ii) promptly pay to Starklo Eco-Rentals a recharge fee as set out on the Website (Recharge Fee), if the Customer fails to comply with this clause.
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), the Customer must immediately:
(i) notify Starklo Eco-Rentals;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without Starklo Eco-Rentals’ written consent; and
(vi) comply with Starklo Eco-Rentals’ directions in relation to the return of the Equipment.
(b) Subject to clause 9(c), if, upon inspection of the Equipment, Starklo Eco-Rentals determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then Starklo Eco-Rentals will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Period during which the Breakdown persisted; or
(ii) not caused by an Equipment Fault, then the Customer will still be required to pay the Hire Fees.
(c) Clause 9(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies Starklo Eco-Rentals may have access to in relation to a Breakdown, under this Agreement or otherwise.
27 REPLACEMENT, LOSS AND DAMAGE
The Customer will be fully liable to Starklo Eco-Rentals for:
(a) any loss or damage to the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to Starklo Eco-Rentals in writing of any such loss or damage; and
(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession.
28.1 Insurance
(a) The Customer acknowledges that Starklo Eco-Rentals may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and Starklo Eco-Rentals will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment.
(b) If Starklo Eco-Rentals notifies the Customer that it holds insurance in relation to the Equipment, the Customer must not do or permit anything to be done which may make Starklo Eco-Rentals’ insurance invalid or able to be cancelled or which may increase Starklo Eco-Rentals’ insurance premiums.
(c) The Starklo Eco-Rentals reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Period, to damage or loss caused or contributed to by the Customer, however Starklo Eco-Rentals is under no obligation to. If Starklo Eco-Rentals chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, the Customer will be required to pay any excess payable by Starklo Eco-Rentals in respect of such a claim.
28.2 Incidents, Loss and Damage
(a) Subject to any Starklo Eco-Rentals insurance policy that covers the Customer, which Starklo Eco-Rentals has indicated it will claim against to cover the Customer, if the Equipment is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate Starklo Eco-Rentals for any costs of repair or replacement.
(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Period, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:
(i) must promptly report the Incident to the local police (if required by Law);
(ii) must report the Incident to Starklo Eco-Rentals in writing within one Business Day;
(iii) must, if such damage, destruction or theft is covered by and compensated to Starklo Eco-Rentals under an insurance policy, pay the relevant excess amount to Starklo Eco-Rentals, as well as any other reasonable costs that Starklo Eco-Rentals incurs in relation to such damage, destruction or theft;
(iv) must not, without Starklo Eco-Rentals’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;
(v) must, if requested, permit Starklo Eco-Rentals or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and
(vi) must, if requested, provide to Starklo Eco-Rentals, within a reasonable time, any statement, information or assistance which Starklo Eco-Rentals or its insurer requests, including by attending a lawyer’s office or a court to give evidence.
29 OWNERSHIP, POSSESSION AND TITLE
29.1 OWNERSHIP
(a) The Equipment is and will at all times remain the property of Starklo Eco-Rentals, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.
(b) The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
29.2 POSSESSION
The Customer must not, without Starklo Eco-Rentals’ prior written consent, part with possession of the Equipment during the Hire Period.
29.3 ENCUMBRANCES
The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
(a) if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Starklo Eco-Rentals’ option, Starklo Eco-Rentals may remove or satisfy the lien at the Customer’s cost; and
(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.
(a) The Customer acknowledges and agrees that all E-Scooters are fitted with a GPS or other similar tracking device in order to locate, monitor and track the E-Scooter and any Attachments, at all times, and any other required electronic security devices to ensure the safety of the E-Scooter such as an immobiliser.
30 PERSONAL PROPERTY SECURITIES
(a) The Customer acknowledges and agrees that:
(i) Starklo Eco-Rentals may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
(ii) if requested by Starklo Eco-Rentals, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Starklo Eco-Rentals to ensure that any security interest created is perfected and to enable Starklo Eco-Rentals to gain first priority for its security interest.
(b) The Customer agrees to contract out of the application of the following provisions of the PPSA, and these provisions will not apply to this Agreement:
(i) Section 115(7);
(ii) Section 117;
(iii) Section 118;
(iv) Section 120;
(v) Section 121(4);
(vi) Section 130;
(vii) Section 135; and
(viii) Section 143.
(c) Notwithstanding any exclusions in clause 18(b), the Customer acknowledges the application and importance of the following provisions of the PPSA, which shall remain unaffected and continue to apply to this Agreement:
(i) Section 123;
(ii) Sections 125, 126, 128, and 129; and
(iii) Section 142.
(d) In this clause:
(i) “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
(ii) “PPS Register” means the Personal Property Securities Register established under the PPSA; and
(iii) a term used in this clause is taken to have the meaning defined under the PPSA.
31 EARLY RETURN
Notwithstanding any other clause in this Agreement, Starklo Eco-Rentals may demand the early return of the Equipment, or retake possession of the Equipment, if Starklo Eco-Rentals reasonably suspects that:
(a) damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely;
(b) the Equipment may be used for an unlawful purpose.
32 SECURITY
To the maximum extent permitted by law, Starklo Eco-Rentals does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
33 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
34 LIABILITY
34.1 WARRANTIES
(a) The Customer acknowledges they have relied on their own judgment and expertise in deciding to rent the Equipment and/or acquire the Services for their intended purpose.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
34.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Starklo Eco-Rentals under the most recent Booking.
(b) Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your:
(i) breach of clause 2;
(ii) breach of clause 3;
(iii) breach of clause 7;
(iv) breach of clause 8;
(v) breach of clause 9;
(vi) breach of clause 10;
(vii) breach of clause 11;
(viii) breach of clause 12;
(ix) breach of clause 13; or
(x) negligent, fraudulent or criminal act or omission.
34.3 Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Equipment or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
35 termination and cancellations
35.1 TERMINATION FOR CONVENIENCE
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
35.2 TERMINATION FOR BREACH
(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
(b) A “Breach” of this agreement means:
(c) a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;
(i) the other party is given 10 Business Days to rectify the breach; and
(ii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
35.3 EFFECT OF TERMINATION
Upon termination of this agreement, each party must:
(a) return all Equipment, property and Confidential Information to the other party;
(b) comply with all obligations that are by their nature intended to survive the end of this agreement;
(c) stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated;
(d) the Customer must pay any outstanding Hire Fees, including any Additional Charges;
(e) make the Equipment ready and available to pick up from the Delivery Address; and
(f) if you terminate this agreement in accordance with clause 18.1 and [insert].
36 GENERAL
36.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
36.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
36.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
36.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
36.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
36.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
36.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
36.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
37 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
(d)