Terms of service

09 October 2023

www.beamsolo.com and www.beamsolo.nz (each “the Site”) and the products and services available therefrom are provided by Beam Mobility Australia Pty Ltd (ABN: 62 629 999 533) of 4 Knowles Avenue, North Bondi NSW 2026 and Beam Mobility New Zealand Ltd (NZBN 9429047157651) of Level 2, 142 Broadway, Auckland, New Zealand, 1023, respectively ( each Beam, we, us or our). The Site enables people over 16 years of age to place orders (“Orders”) for ‘Beam Solo’ electric vehicles (“Vehicles”), along with certain specified accessories (Accessories) and/or ancillary maintenance services (“Maintenance”).

In addition to the ‘Website T&C’ which govern everyone’s use of the Site more generally, these Beam Solo Service Terms (“these Terms”) bind anyone who completes and submits any such Order (“Rider”, “you”, “your”) and governs the provision of the Vehicles, Accessories and/or Maintenance pursuant to such Order. 

Note that these Terms do not apply to Beam’s other mobile app-based shared micro mobility service (“App Service”), which is instead described and governed by the terms and conditions set out on www.ridebeam.com.

1 - ORDER PLACEMENT & ACCEPTANCE 

1.1 - The Site may enable you to place Orders on either a rental, ride-to-own, or purchase basis (hereinafter referred to as ‘Rental Orders’, “RTO Orders” and “Purchase Orders” respectively), as explained in more detail in clause 3 (Order Types & Consequences) below.  The Order itself will detail the Vehicle, Accessories and/or Maintenance applicable; the charges payable therefor (‘Charges’); the place and time where you will collect them (hereinafter referred to as the ‘Collection Time’ and ‘Collection Place’ respectively); and other relevant information. 

1.2 - We may accept or reject Orders in our sole discretion. A binding agreement in relation to your Order only arises upon acceptance thereof by the Beam entity operational at your chosen Collection Place, which acceptance will be communicated via email to you after Order placement. Should we reject your Order, any amounts you may have already paid will be refunded. (Note that placing an item in your shopping basket without completing the order process does not constitute an Order and the item may disappear from your basket if stock becomes unavailable in the interim.) 

1.3 - YOU WARRANT THAT THERE ARE NO LEGAL RESTRICTIONS PREVENTING YOU FROM PLACING AN ORDER AND/OR ENTERING INTO THESE TERMS WITH US AND THAT ALL INFORMATION AND DOCUMENTATION THAT YOU PROVIDE TO US IN CONNECTION THEREWITH IS TRUE, CORRECT AND COMPLETE, INCLUDING THAT YOU ARE AT LEAST 16 YEARS OLD

2 - VEHICLE COLLECTION & RETURN

2.1 - Collections: Unless we’ve specifically agreed to make delivery to you, you must at your own cost collect the Vehicle and/or Accessories from the Collection Place at the Collection Time specified in the accepted Order or as otherwise reasonably directed by Beam thereafter. YOU NEED TO VERIFY YOUR IDENTITY AND AGE IN ORDER FOR US TO RELEASE THE VEHICLE/S TO YOU AND CONSEQUENTLY YOU MUST BRING THE NECESSARY VERIFICATION DOCUMENTATION WITH YOU (as more specifically indicated to you in our Order acceptance communication). Note that we reserve the right to terminate the Order and/or levy a small admin fee if you do not collect it and/or do not bring the necessary identification documentation with you as agreed.  See Refund Policy for details. 

2.2 - Returns: As and when you are required to return the Vehicle (and charger) to us hereunder (either pursuant to Order termination or for purposes of Maintenance etc), you must do so promptly at your cost to the same Collection Place or such other address as may be agreed in writing with us.  Should you fail to do so, without prejudice to our other rights in law (including that we regard and report the Vehicle and charger as stolen), we reserve the right to activate any dormant tracking technology associated with the Vehicle in order to locate and retrieve it, including that we may access the premises where the Vehicle and charger are located to collect them ourselves at your cost. You agree to provide us with unfettered access to any premises where they are located, free from harm or risk to health or safety, at the times and on the dates requested by us, to enable us to collect them to comply with our obligations hereunder or at law, and you agree to pay us any additional costs that we may suffer or incur if you fail to do so.

2.3 - No photos/videos: Taking photos or videos of back-of-house operations at any Collection Place is strictly prohibited, as is sharing any such photo/video with anyone via any manner (for reasons detailed in clause 8.2 below).

3 - ORDER TYPES & CONSEQUENCES

For purposes hereof a ‘Rental Period’ refers to the recurring rental period specified in the Order (be it a weekly 7-day period, monthly period, or otherwise)   commencing with effect from the Collection Time and any subsequent Rental Period thereafter (where applicable) and a ‘Fee’ refers to the hire fee per Rental Period under a Rental- or RTO Order.

3.1 - Rental Orders

  • Duration: We agree to let the Vehicle/s (along with charger/s) to you and you agree to take them on hire for the period specified in the Order, it being recorded that this is generally for an indefinite period (subject to termination for convenience by either you or Beam at the end of any Rental Period on 7 days’ notice); provided that certain Orders may be subject to a fixed initial period (“Fixed Initial Period”) during which no such termination for convenience will be possible. If you have given a termination notice, but then fail to return the Vehicle/s and  charger/s to us as required at the end of the final Rental Period, you will be deemed to have renewed the lease indefinitely until such time as you return them to us or we terminate for convenience at the end of any Rental Period.
  • The Charges payable by you are as set out in the Order and may comprise the following: (a) a Rental Period Fee, the first of which is payable on Order placement and thereafter at the start of each Rental Period; (b) a once-off deposit (“Deposit”) payable in advance on or before you collect the Vehicle from us, to be applied by us to satisfy any of your obligations or liabilities, with the remaining balance to be refunded within 30 days after you return the Vehicle (and its charger) to us at termination; and (c) an ‘Early Return Charge’ should you terminate the Rental Order before the expiry of its Fixed Initial Period.
  • Possession: Possession will be given to you as bare bailee at the Collection Time, against payment of the Deposit and Fee then due, at which point risk therein passes to you. However, title in the Vehicle and charger remains with Beam, who remains the owner thereof at all times. 
  • Return: Upon termination, the Vehicle/s and  charger/s should be returned to us in their original condition, fair wear and tear excepted (“Return Condition”).

3.2 - RTO Orders 

  • Hire & Period: We agree to hire the Vehicle/s (and charger/s) to you along with the provision of Maintenance, and you agree to take these on hire, with effect from the Collection Time and for the fixed period specified in the Order (“RTO Period”). 
  • Charges: The Charges displayed in the Order comprise a Fee payable at the start of every Rental Period during the RTO Period (save that the first Fee is payable upon Order placement) as well as a once-off amount payable on or before you collect the Vehicle from us (“Upfront Charge”).
  • Possession: Provided payment of the Upfront Charge and Fee then due has been made, possession of the Vehicle/s (and charger/s) will be given to you as bare bailee on the Collection Time, at which point the risk therein passes to you. However, title in therein remains with Beam, who remains the owner thereof, subject to the below.
  • Acquisition of ownership: At the expiry of the RTO Period, and provided you have paid all amounts then due, you will acquire title to the Vehicle/s (and  charger/s) becoming the owner thereof. 
  • Early termination & return: If the RTO Order is terminated for any reason prior to the expiry of the RTO Period whilst you are still a mere bailee, your rights to use the Vehicle/s (and charger/s) cease and you must return them to us in their original condition, fair wear and tear excepted (“Return Condition”). Upon their return, you are entitled to a refund of any Fee (or portion thereof) paid in advance as well as the Upfront Charge; provided however that if they aren’t returned in a Return Condition, we can apply the Upfront Charge towards repairing any damage and need only refund the balance thereof (if any).    
  • Possible sale:  If you have notified us that you wish to terminate prior to the expiry of the RTO Period, we may (but are not obliged to) offer to sell the Vehicle/s (and charger/s) to you at a price we will specify. If you accept that offer in writing, a separate contract will be created for the sale thereof to you at that price, which will be payable by you forthwith upon your acceptance, at which point you will acquire title thereto.

3.3 - Purchase Orders

  • You may be able to place purchase orders for Vehicles (including their chargers) as well as for certain other Accessories (like helmets and cable locks).  You agree to purchase from us, and we agree to sell to you, the items so ordered for your personal use (not for purposes of resale or leasing by you).
  • Price: The Charge constitutes a purchase price and is payable in advance on Order placement. 
  • Delivery: Provided payment is made therefor, delivery thereof will be given by way of making them available for collection at the agreed place and time.  Risk and benefit therein and title thereto will pass to you upon taking delivery thereof.

4 - CHARGES & PAYMENT

4.1 - Tax & delivery charges: Save to the extent indicated otherwise, all amounts displayed are inclusive of goods and services tax (GST) (or any similar value-added tax that may apply to the sale of goods and services in the relevant Collection Place), but exclusive of any delivery charges that may apply should we agree to deliver the ordered items to you (in which case the delivery charges will be quoted to you separately).  

4.2 - Payment: Payments are to be made at such times as set out in the Order, without deduction or set-off,  and via such methods as are made available via the Site and/or at the Collection Place, as the case may be. Currently, we only support payment by credit card and for repeat payments (eg for Rental and RTO Orders), we will debit such credit card periodically in accordance with the relevant Order. 

4.3 - Extra charges: Note that, in addition to the Charges displayed in the Order (as described within clause 3 above), we reserve the right to levy and/or hold you liable for the following:

  • if you do not come to collect the Vehicle and/or bring the necessary identification documentation with you as and when agreed  - a small administrative fee (as mentioned in clause 3 above);
  • should you terminate a Rental Order before the expiry of its Fixed Initial Period (if any) - an ‘Early Return Charge’
  • If you fail to make any payment on time (without prejudice to any other right or remedy available to us hereunder or in law) - interest on the overdue amount as well as all costs and expenses we incur in trying to recover the amounts you owe (including debt collector fees etc).

5 - VEHICLE CONDITION 

5.1 - Not New: You acknowledge that the Vehicles are (or have been) part of a rental fleet and are thus not new and not in the same condition as if they were new. 

5.2 - Provided ‘as is’: Save for your rights under applicable law and any specific warranty we may provide as expressly stipulated within a Purchase Order, YOU ACCEPT THE VEHICLE AND ACCESSORIES “AS IS”.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THEY WILL BE SUITABLE, FIT FOR PURPOSE, AND IN COMPLIANCE WITH THEIR DESCRIPTION AND BY COLLECTING THEM, YOU AGREE THAT THEY HAVE BEEN SUPPLIED IN GOOD CONDITION, CLEAN, FREE FROM DAMAGE OR DEFECT, AND FIT FOR PURPOSE IN ACCORDANCE WITH THESE TERMS.

5.3 - Statutory RIghts: Nothing herein detracts from any rights you may have under applicable law (eg consumer laws) which cannot be excluded, restricted or modified (“Statutory RIghts”). However,  you acknowledge that your Statutory Rights relating to the Vehicle and/or Accessories being of acceptable quality may be diminished or excluded to the extent that, prior to taking collection thereof from us, (a) the reason/s for them not being of acceptable quality were specifically drawn to your attention; or (b) your examination of them revealed, or ought reasonably to have revealed, that the they were not of acceptable quality.

5.4 - Maintenance may be required: You acknowledge that the Vehicles are of such nature that they may require minor repairs and/or adjustments associated with ordinary wear and tear over time (“Maintenance”). If expressly included in the Order, we will provide Maintenance as and when required at no additional charge, save that it your responsibility to bring the Vehicle/s and charger/s in to us at your cost for purposes thereof as and when you believe Maintenance may be required and provided you do so following the return process we specify in our Refund Policy. IF YOU FAIL TO RETURN THE VEHICLE AND CHARGER TO US FOR MAINTENANCE AS AND WHEN REQUIRED, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR AS A RESULT AND YOU FULLY INDEMNIFY US AGAINST ANY AND ALL SUCH LOSS OR DAMAGE.  You acknowledge and agree that Maintenance may take up to 48 hours and the provision of a replacement during any extended period of Maintenance is in our sole discretion.

5.5 - Damage & Faults: If you later discover damage or what you believe to be faults/defects in a Vehicle or any of its Accessories, then (a) if we are the owner thereof (under a Rental Order or during the hire period of an RTO Order), you must notify us and return it to us for inspection as detailed in clause 7 (Rental & RIde-to-Own Restrictions) below or (b) if you are the owner thereof (pursuant to a Purchase Order or completed RTO Order), our Refund Policy applies.

6 - SAFETY & RISK

6.1 - Inherently risky: Using electric vehicles like the Vehicles is inherently potentially dangerous and is associated with a risk of injury, death or other damage to the rider thereof and/or others, not just due to riding them, but also due to their powerful, flammable batteries which need to be charged on a regular basis. 

6.2 - Safety requirements: The Vehicles should only be used by people who are at least 16 years old and then safely and responsibly in accordance with the Riding Rules, Vehicle Charging Rules, any other procedures/directions we may provide to you, as well as all applicable laws, including road safety laws.  IF YOU BELIEVE THE VEHICLE/S OR ANY ACCESSORY IS UNSAFE OR HAS A POTENTIAL FAULT THAT COULD BE A SAFETY HAZARD OR RESULT IN FURTHER DAMAGE, YOU SHOULD IMMEDIATELY DISCONTINUE USING IT AND NOTIFY US.  

6.3 - You bear the risk: Save for during those times that the Vehicle is in our full custody and control (eg during Maintenance), upon your collection of the Vehicle/s and/or Accessories, all risk therein will pass to and remain with you. You are also solely responsible for how you use the Vehicle/s and/or Accessories. This means that YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR (a) ANY AND ALL DAMAGE TO OR LOSS OR THEFT OF THE VEHICLE/S AND ACCESSORIES; AND (b) ANY AND ALL INJURY, DEATH, DISABILITY, PROPERTY DAMAGE, FINES, THIRD PARTY CLAIMS AND ANY OTHER FORMS OF HARM AND LOSS RESULTING FROM YOUR USE OF THE VEHICLE/S AND/OR ACCESSORIES. YOU ARE THUS SOLELY RESPONSIBLE FOR TAKING OUT ANY/ALL INSURANCE TO COVER YOU FOR THIS RISK AND LIABILITY (and in this regard you specifically acknowledge that the ‘rider insurance’ offered as part of Beam’s separate App Service does not apply to our ‘Beam Solo’ offerings).  

6.4 - Indemnity: YOU INDEMNIFY, DEFEND AND HOLD HARMLESS BEAM AND ITS AFFILIATE ENTITIES FROM AND AGAINST ANY CLAIM, DEMAND, CAUSE OF ACTION, LOSS OR LIABILITY (INCLUDING ATTORNEY’S FEES AND EXPENSES OF LITIGATION) FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH ARISING FROM YOUR USE OF THE VEHICLE/S AND/OR ACCESSORIES BY ANY CAUSE, EXCEPT TO THE EXTENT CAUSED BY BEAM’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT. The provisions of this clause shall survive the termination of the Order with respect to any claims or liability accruing before such termination. 

7 - RENTAL & RIDE-TO-OWN RESTRICTIONS

This clause applies to Vehicles we own, being those subject to Rental Orders and RTO Orders (during the RTO Order period). Remember that, even though we own the Vehicles, you will be liable to Beam for any/all damage to or loss or theft thereof whilst in your possession, and so:

7.1 - Personal use only: You will keep the Vehicle and its charger under your custody and control at all times, and within the city in which you collected it, without subletting, renting, selling or otherwise transferring possession thereof to any other person; 

7.2 - No Soup-ups or Mods: You will not make any mechanical, technical or cosmetic modifications to the Vehicle or its charger (including by, for example, modifying its speed or placing any stickers on it) or alter, remove, obscure, delete or tamper with any notices, marks, numbers, labels, logos or other means of identification placed, affixed or used on the Vehicle;

7.3 - No rough riding or water: You will not use the Vehicle on such terrain and/or in such conditions which are likely to damage the Vehicle. You specifically acknowledge that WATER CAN DAMAGE THE VEHICLE AND/OR ITS BATTERY AND CONSEQUENTLY, YOU MUST STORE THEM UNDERCOVER AND NOT EXPOSE THEM TO PROLONGED PERIODS OF RAIN OR SUBMERGE THEM IN WATER.

7.4 - Avoid theft & vandalism: You will take all reasonable measures to prevent the Vehicle from being subject to any loss, theft, damage or vandalism by others, including that you lock the Vehicle when not in use, in accordance with all of our instructions. 

7.5 - No riding whilst damaged: If the Vehicle or its charger suffers any damage, you must ensure that it is not used by you or any other person and take all steps necessary to prevent injury to any persons or damage to any property as a result of the damage.

7.6 - Report accidents, damage, loss/theft & faults: YOU MUST NOTIFY US IMMEDIATELY IF THE VEHICLE OR CHARGER IS STOLEN, LOST, DESTROYED, DAMAGED, INVOLVED IN ANY ACCIDENT, OR YOU BELIEVE IT TO BE FAULTY, PROVIDING US WITH ALL REASONABLY REQUESTED INFORMATION AND FOLLOWING OUR REASONABLE DIRECTIONS IN RELATION THERETO, INCLUDING TO RETURN IT TO US FOR INSPECTION.  IF STOLEN, YOU MUST ALSO IMMEDIATELY NOTIFY THE POLICE, FILE A POLICE REPORT AND GIVE US A COPY THEREOF (failing which, we can reasonably assume that the Vehicle has not in fact been stolen).

7.7 - Report injuries, death & claims:  You must notify us immediately if you become aware of any claim, or any death, serious injury or serious illness, in respect of, or caused by, the Vehicle or its charger and you will take all reasonable steps to mitigate any harm or loss arising as a consequence of such claim, death, serious injury or serious illness.

7.8 - Maintenance, Repairs & Replacements: YOU MAY NOT HAVE THE VEHICLE OR ITS CHARGER MAINTAINED/SERVICED, REPAIRED OR REPLACED BY ANYONE OTHER THAN BEAM. If you experience problems with either of them or believe them to be faulty or damaged, you must in all instances report it to Beam and arrange to return them to Beam for an inspection (as stated in 7.6 above) by following the process specified in our Refund Policy. Following our inspection thereof, we may in our sole discretion effect any required Maintenance, Repairs, give you a replacement, or terminate the Order.  In accordance with clause 6 (Safety & Risk) above, we may also hold you accountable for the costs of any  Repair or replacement required due to damage (as opposed to inherent product faults/defects).  

7.9 - Fee Abatement: During the hire period, for so long as the Vehicle is unavailable to you or unfit for purpose for any reason unrelated to Maintenance or your fault or breach of these Terms (eg it is stolen despite you locking it; damaged in an accident that wasn’t your fault; malfunctioning etc) - and provided you have reported it to us and returned it to us for inspection in accordance with the points above - you will no longer be liable to pay the relevant Fee.  However note that this does not detract from your liability to us in respect of any such damage, loss or theft (as per clause 6 above).

7.10 - No encumbrances: You agree (i) to not create an encumbrance, lien, charge or other interest on or over the Vehicle or its Accessories; (ii) that we hold a general lien over the Vehicle and Accessories, for the satisfactory performance of your obligations hereunder; and (iii) that your obligations hereunder creates a registrable security interest in favour of Beam, and you consent to the security interest (and any other registrable interest created in connection herewith) being registered on any relevant securities register (and you must do all things to enable us to do so).

8 - PRIVACY, CONFIDENTIALITY & INTELLECTUAL PROPERTY

8.1 - Your privacy: We respect people’s privacy and the personal data we obtain from or about you for purposes of your Order will be processed in accordance with our Privacy Policy. Note specifically that we do not track where you go on the Vehicle, but if you report the Vehicle as stolen or fail to return it to us upon termination of your Order as required, we reserve the right to activate any dormant tracking capability associated with the Vehicle in order to locate and retrieve it. 

8.2 - Our Confidentiality: Any and all information relating to Beam that you become aware of in the course of your relationship with Beam that would reasonably be regarded as being of a confidential nature - including any Collection Place back-of-house operations which you may inadvertently see - must be kept confidential and only be used for purposes of the relevant Order without disclosing it to anyone else (save as required by law or with our prior written consent). If you become aware that confidentiality has been breached, you must notify us immediately and take all reasonable steps to prevent further unauthorised use or disclosure thereof.

8.3 - Our Intellectual Property: Intellectual and/or industrial property rights (including patent, copyrights, trade mark, and design) (“IP Rights”) may subsist in the Vehicles and/Accessories and nothing herein shall be construed as giving you any right, licence or title thereto. You must not infringe or use any such IP Rights in the Vehicles or Accessories without the prior written consent of Beam or the relevant third party and you hereby indemnify us against any and all harm, loss, damage or third party claims we suffer as result of you infringing such IP Rights.

9 - TERMINATION

9.1 - General: Rental- and RTO Orders may expire by effluxion of time at the end of their hire period and may be terminated for convenience at the end of any Rental Period (following any Fixed Initial Period) as set out in more detail in clause 3 (Order Types & Consequences) above.  Purchase Orders may be terminated as set out in our Refund Policy.

9.2 - By Beam: Without limiting Beam’s other rights hereunder, and to the extent permitted by law, Beam may terminate an Order with immediate effect by written notice if:

  • you fail to pay any Charges or any other amounts payable hereunder on the due date for payment and subsist in such failure for 3 days;
  • you have breached a material provision of these Terms (including that any representation, warranty or statement you make hereunder is untrue or misleading in a material way) and your breach is either (i) not capable of remedy or (ii) capable of remedy and have not remedied it within 3 days of our written notice to you requiring the breach to be remedied;
  • you commit an act of bankruptcy/insolvency, enter into a scheme or arrangement with your creditors or any other event having substantially the same effect occurs; or
  • whilst the Vehicle is owned by us (i.e. Rental Orders and RTO Orders during the relevant hire period), you permit a third party security interest to be created over the Vehicle or the Vehicle is abandoned, condemned, seized or appropriated by any lawful authority and not released within 7 days.

9.3 - Consequences: Upon termination of an Order:

  • all your rights to use the Vehicle and/or Accessories cease and you must return them to us at the Collection Place or such other place we may reasonably indicate to you;
  • without limiting any of our other rights, you will immediately become liable to pay all Charges and any other amounts which have accrued but have not yet been paid as at the date of termination; and
  • we may, directly or via our agent, take possession of the Vehicle and/or Accessories at your cost and enter your property in order to do so and you grant Beam and its agents an irrevocable license to do so; 
  • Each of us retain any rights, entitlements or remedies accrued before termination, including the right to pursue all remedies available at law or in equity.

9.4 - The termination or expiry of an Order does not serve to terminate (a) any rights or obligations hereunder that by their nature are intended to survive termination or expiration; or (b) any other Order you may have with us.

10 - LIABILITY & DISCLAIMER

10.1 - Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAM’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, SUITS, DEMANDS, ACTIONS OR OTHER LEGAL PROCEEDINGS UNDER, ARISING OUT OF OR RELATING TO ANY ORDER (WHETHER BASED ON AN ACTION OR EVENT OR SERIES OF CONNECTED ACTIONS OR EVENTS ARISING FROM THE SAME FACTUAL ACT OR OMISSION, AND WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) SHALL BE LIMITED, AT OUR OPTION, TO (I) THE REPLACEMENT OF THE PARTICULAR VEHICLE OR ACCESSORY; OR (II) THE CHARGES PAID BY YOU THEREFOR. IN NO EVENT SHALL BEAM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 - Uncontrollable Events: Save for non-payment, neither of us is liable for any failure to perform our obligations if and to the extent that such failure is due to circumstances beyond our reasonable control; provided that if such circumstances persist for 14 days or more, the other of us may terminate the Order forthwith on written notice.

11 - CORPORATE ORDERS

If you place an Order for a company, the Vehicles may only be used internally by that company’s staff and/or invitees on a non-commercial basis (i.e. for free). Only if you provide, to our satisfaction, documentation evidencing your authority to place the Order on the company’s behalf (including the company’s full name and business number), will all other references to ‘you’ herein be taken to be references to such company (as the context may indicate).

12 - GENERAL

12.1 - Amendments: Although Orders will always be governed by the Service Terms that applied at the time the Order was placed, we reserve the right to revise the Service Terms and related guidelines, notices, operating rules and policies and instructions from time to time by posting the changes to the Site and if you are not satisfied with such updates, you should refrain from placing any further Orders.

12.2 - Waiver: A failure to exercise or delay in exercising any right hereunder does not constitute a waiver and any right may be exercised in the future. A waiver of any rights hereunder is only effective to the extent set out in writing.

12.3 - Severability: If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

12.4 - Governing Law & Disputes: These Terms, as they relate to an Order, are governed by the laws in force at the relevant Collection Place and you and Beam submit to the non-exclusive jurisdiction of the courts of that Collection Place to resolve any dispute in relation to these Terms which is not resolved via good faith negotiation within a reasonable period (save for urgent or interim relief which may be granted by such a competent court).

12.5 - Notices: Notices by a party must be delivered by hand, prepaid registered post or email and sent to the address of the receiving party as stated in the Order Details. Notices shall be deemed to have been received (a) by hand upon delivery, (b) by post within two business days of sending and (c) by email one hour after the email (unless the sender knows that email has failed to send).

12.6 - Assignment: You may not, without our prior written consent, transfer or assign the Order or any part thereof to anyone else. Any attempt to do so shall be a material default of these Terms and shall be void.

12.7 - No Consumer Credit: Beam does not provide finance or extend credit and nothing herein is intended to create a consumer credit agreement under any applicable law (including any instalment sale or consumer lease to which the Australian National Credit Code in Schedule 1 of the National Credit Protection Act 2009 (Cth) applies).