Effective Date: May 25, 2024

Introduction and Overview

Welcome to Ridewave Bikes. We prepared these Terms of Service to help explain your rights and our rights relating to the provision of our Services.

The Ridewave Bikes websites, including our branded websites at https://ridewavebikes.com/ and https://ridewavebikes.com.au/ the “Sites”, related mobile applications “Apps”, and any other sites or apps that connect to these Terms of Use, and services collectively, the “Services”, are made available to you by Healthgenic Pty Ltd, trading as Ridewave Bikes, “Ridewave Bikes”, “we”, “us”, or “our”, an Australian company located at Unit 62 / 203 Rooks Rd, Vermont VIC 3133, Australia.

These Terms of Use, the “Terms” or the “Agreement”, form a binding legal agreement between you and Ridewave Bikes. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the Ridewave Bikes Privacy Policy, as it is incorporated into and forms part of this binding Agreement.

By accessing, using, uploading, or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by creating an account, clicking “Sign Up” or any similar mechanism, or by using the Sites or Apps, you are agreeing to these Terms. If you do not agree to these Terms, please do not access or use the Services.

Please read this Agreement carefully. It affects your rights.

Arbitration, Class Action, and Jury Trial Waiver

This Agreement contains a binding arbitration agreement which limits your rights to bring an action in court, to bring a class action, and to have disputes decided by a judge or jury unless you opt out of arbitration.

Changes to the Terms of Use

We may change, modify, or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service before the new Terms of Service take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarise yourself with any modifications.

Continued Use Constitutes Acceptance of the Terms

Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.

1. Registration and Accounts

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Affirmative Representations

When you use the Services, you agree:

• to provide true, accurate, current, and complete information about yourself, “Member Data”;
• to maintain and promptly update the Member Data;
• that your use of the Services does not violate any applicable law or regulation; and
• that you are of sufficient age or otherwise have legal capacity to legally enter into this Agreement.

You agree that Ridewave Bikes may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Ridewave Bikes has reasonable grounds to suspect that such Member Data is inaccurate or not current, Ridewave Bikes has the right to suspend or terminate your account and refuse current or future use of the Services.

Your Responsibilities and Security

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer, and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your User Content as defined below, or the personal information you provide. We cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents.

You agree to immediately notify Ridewave Bikes of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to Member Data and any other information or content you provide to Ridewave Bikes.

You may register for or log in to your account via a third-party network, such as Facebook or Google. If you do so, you authorise Ridewave Bikes to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms, conditions, and policies applicable to such third party. By virtue of certain Services connecting to the Google Maps API, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

2. User Content

User Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services, “User Content”, whether publicly posted, privately transmitted, or submitted through a third-party API, such as a photograph submitted via Instagram.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any User Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This licence ends when you contact us in writing and state that this licence is revoked and that we may not use your User Content in new creations or reproductions going forward.

Your Entire Responsibility for Your User Content

You understand that you, and not Ridewave Bikes, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available via the Services. Ridewave Bikes does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity, or quality of such User Content.

Ridewave Bikes may, in its sole discretion, screen, monitor, refuse, or remove any User Content that violates these Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.

Under no circumstances will Ridewave Bikes be liable in any way for any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of using any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You agree that Ridewave Bikes is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and Ridewave Bikes, any User Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of such Content.

Privacy of Your User Content Determined by Your Settings

The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. Ridewave Bikes will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content.

Please review the Privacy Policy on the respective Ridewave Bikes Site for more information on how to manage your privacy controls.

Permission to Use Your Profile Name and Likeness

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers, and other commercial contexts on the Ridewave Bikes service without compensation to you. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

3. Conduct

The Sites and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell for any commercial purposes any portion of the Services, use of the Services, or access to Content as defined in Section 4.

You may not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities:

• Copying, framing, or mirroring any part of the Services.
• Accessing the Services to monitor its availability, performance, or functionality.
• Permitting any third party to access the Services.
• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law.
• Publishing, transmitting, distributing, or storing content, material, information, or data that is illegal, obscene, defamatory, threatening, harassing, abusive, hateful, harmful, fraudulent, misleading, or infringes any third-party rights.
• Attempting to disrupt, degrade, impair, or violate the integrity or security of the Services or the computers, services, accounts, or networks of any other party.
• Avoiding payment of charges or fees payable by you with respect to the Services.
• Committing any act that may be harmful to minors.
• Distributing or disclosing any part of the Services in any medium, including by automated or non-automated scraping.
• Using any automated system, including robots, spiders, or offline readers, to access the Services in a manner that sends more request messages than a human can reasonably produce using a conventional web browser.
• Taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
• Collecting or harvesting information relating to an identified or identifiable individual from the Services.
• Using the Services for inappropriate commercial solicitation purposes.
• Accessing any content on the Services through any technology or means other than those provided or authorised by the Services.
• Submitting personal information to the Services or to Ridewave Bikes except as necessary for the establishment and operation of your account.
• Bypassing measures we may use to prevent or restrict access to the Services.
• Violating any applicable law, statute, ordinance, or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability.
• Removing any copyright, trademark, or other proprietary rights notices contained in or on the Services.
• Executing any form of network monitoring or running a network analyser, packet sniffer, or other technology to intercept, decode, mine, or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third-party equipment or materials. While Ridewave Bikes may recommend the equipment or materials of certain third-party suppliers, Ridewave Bikes shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that:

• you are authorised to create your account, whether individually or on behalf of an organisation;
• you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licences set forth in these Terms;
• the posting and use of your User Content on or through the Services does not and will not violate, misappropriate, or infringe on the rights of any third party; and
• you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services.

4. Proprietary Rights

Copyright Notice

This copyright notice applies to the entirety of the Services. All content on the Services is the sole property of Ridewave Bikes and is protected under U.S. and Australian copyright laws. Ridewave Bikes reserves all rights to the content contained herein.

The content of this website or any Internet site owned, operated, licensed, or controlled by Ridewave Bikes may be viewed or downloaded for the user's personal, non-commercial use only. Even for personal downloads, you may not modify the materials or use the materials in a manner that suggests an association with any of our products, services, or brands.

The content herein, including trademarks, service marks, written text, HTML or other code, images, animations, digital photographs, or other content accessible on this site, should not be reproduced, copied, distributed, posted, or used in any other way without the express written permission of Ridewave Bikes. The use of any Ridewave Bikes material on any other website or computer environment is prohibited. You may link to material on our website only with our prior written consent.

Non-User Content is the Property of Ridewave Bikes

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Sites, the “Content”, are protected intellectual property of, or used with permission or under licence by us. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws.

This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites and/or Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Sites and/or Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on any Site is strictly prohibited.

Your Limited Licence in the Sites and Ridewave Bikes Content

Subject to your compliance with this Agreement, we grant you a limited licence to access and use our Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content made available for downloading or printing for your personal, non-commercial home use.

To use Content under such an exception, you must:

• keep any copyright, trademark, or other proprietary notices intact;
• use such Content pursuant to any licences associated with such Content;
• not copy or post such Content on any networked computer or broadcast it in any media;
• make no modifications to such Content; and
• make no additional representations or warranties relating to such Content.

Except as otherwise expressly authorised herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based, in whole or in part, on all or any part of the Sites or the Content.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services, collectively, “Feedback”. If you provide Feedback, you grant Ridewave Bikes a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free licence to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback.

For this reason, we ask that you do not send Ridewave Bikes any Feedback that you do not wish to licence to us as set forth above.

5. Interactions with Members, Referrals, and Affiliate Program

The Services may function as a venue to connect members in a virtual information place. As a neutral facilitator, Ridewave Bikes is not directly involved in the actual interactions between members of the Services. As a result, Ridewave Bikes has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services.

Ridewave Bikes shall have no responsibility to confirm the identity of members. Ridewave Bikes shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all times exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, track your activities, or share your information with others, Ridewave Bikes may require you to provide contact information. Ridewave Bikes may contact that friend via a one-time email or text message. You represent that you are authorised to provide any third-party contact information that you provide to Ridewave Bikes, that you are authorised to use such information to contact, including for Ridewave Bikes to contact on your behalf, the third party, and that Ridewave Bikes may process it pursuant to the Privacy Policy.

Please note that we also have an Affiliate Program. For more information or to apply, please visit our Affiliate Program page.

6. Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections, or send similar messages and communications to third-party service providers, advertisers, your personal contacts, other members, and/or Ridewave Bikes.

By using communications methods available on the Services, you agree that:

• all communications methods constitute public, and not private, means of communication between you and the other party or parties;
• communications sent to or received from third-party service providers, advertisers, or other third parties are not endorsed, sponsored, or approved by Ridewave Bikes unless expressly stated otherwise;
• communications are not routinely pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by Ridewave Bikes in any manner, though Ridewave Bikes reserves the right to do so at any time at its sole discretion;
• all notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing;
• you will use communication methods available on the Services only to send communications and materials related to the subject matter for which Ridewave Bikes provided the communication method; and
• all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms and applicable law, including laws regulating direct marketing communications where applicable.

7. Gift Cards

Purchasing and Using a Gift Card

On some Services, you may purchase and/or otherwise receive gift cards or gift certificates, including electronic versions of both, “Gift Cards”, through the Services. For use of Gift Cards online, redemption will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase until the Gift Card is depleted.

Not Redeemable for Cash

Gift Cards are not redeemable for cash or credit.

Lost or Stolen Gift Cards

We are not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced except as required by law. All sales of Gift Cards are final and non-refundable. We reserve the right to refuse to honour a Gift Card where we suspect that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, please contact us immediately.

8. Promos and Discounts, Loyalty or Rewards Program

Promos and Discounts

Our Services may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders.

Only consumers can use promo codes. They cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

Loyalty or Rewards Program

Some of our Sites may also offer a Loyalty or Rewards Program, “Rewards Program”. If you elect to opt in to our Rewards Program, this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program.

Eligibility and Suspension

Our Rewards Program is open to legal residents of Australia and the United States who are at least sixteen years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organisations of any kind are not eligible to participate in Rewards Programs.

You may only participate in a Rewards Program using one account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any applicable laws, statutes, or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly.

Termination of Rewards Program

The Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program, you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes prior to implementation.

Disputes and Disclaimer

All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the relevant dispute resolution provisions in these Terms. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations.

We make no representation or warranty of any kind in connection with any Rewards Program, which is provided on an “as-is” and “as-available” basis.

9. Terms for Purchases

Transfer of Ownership to You

Title to all products ordered by you and risk of loss to such products will transfer to you at the time Ridewave Bikes delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full.

We reserve the right, subject to applicable law, to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.

Updates to Ebike Parts

We reserve the right to change any component or part of our ebikes or electric trikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.

Battery and Range

Please note that there are many factors that contribute to the actual, real-world range of an ebike battery, such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular ebike or electric trike based on a full charge of its battery is an estimate, not a guarantee of such performance.

Alterations Void Warranty

Any alterations, modifications, or other changes made by you to an ebike or electric trike following your purchase which affect the safety, operation, or mechanics of the product shall void any applicable product warranty and shall be at your sole risk of harm.

Financing

For qualified purchasers, ebikes or electric trikes may be financed through our consumer financing partners. The necessary qualifications for financing a purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing a purchase, and you acknowledge that Ridewave Bikes is in no way responsible for any such financing.

10. Cancellations

Cancellation of Orders

Due to the speed at which we process orders, you must cancel your order within 120 minutes of placing your order. If you do not cancel your order within 120 minutes of placing the order, we cannot guarantee that we can change or cancel it. Please make your selections carefully and contact our team for guidance to ensure you are choosing the right item.

If more than 120 minutes have passed since you placed your order, we may not be able to cancel your order. Please see our Returns & Refund Policy for return terms and instructions, where applicable.

Merchant Processing Fee

If you request an order cancellation for no reason or due to a change of mind after we have captured funds from your credit/debit card, PayPal account, or financed your purchase through Zip Money, please be aware that these third-party payment gateways do not reimburse us for the merchant fees incurred when issuing a refund.

Consequently, we may deduct a merchant processing fee of 2% to 4% from your refund. This fee covers the cost of processing, which we do not recover when issuing a refund for a cancelled order. The relevant merchant processing fees are listed below:

• Visa or Mastercard: 1.75% + 30c AUD of the total order value
• American Express: 2.9% + 30c AUD of the total order value
• International credit card: 2.9% + 30c AUD of the total order value
• PayPal: 2.6% + $0.30 AUD of the total order value
• Zip Money: 6% of the total order value
• Humm: When an order is cancelled, Humm refunds the processing fee to the merchant, ensuring no fees are charged. Thus, we do not deduct merchant processing fees in such cases.

11. Mobile Terms of Service

Ridewave Bikes

Last updated: Nov. 4, 2024

The Ridewave Bikes mobile message service, the “Service”, is operated by Healthgenic Pty Ltd T/A Ridewave Bikes, “Ridewave Bikes”, “we”, or “us”. Your use of the Service constitutes your agreement to these terms and conditions, “Mobile Terms”. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ridewave Bikes’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ridewave Bikes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information, such as order updates and account alerts. Promotional messages may include promotions, specials, and other marketing offers, such as cart reminders.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ridewave Bikes. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to RIDEWAVE or click the unsubscribe link, where available, in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you.

If you have subscribed to other Ridewave Bikes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to RIDEWAVE or email hello@ridewavebikes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.