Sandy borrowed out an electric scooter from Jim’s Scooters, a self-serviced operation, for the first time. The scooters can be found at various stations around town and are locked in charging stations whilst they are not in use. There was a sign on a pillar next to the scooters that listed the various charges and conditions. It also stated that users needed to download their app to use a scooter and included a QR code for quick reference. Once she found a scooter she wanted to use, Sandy was issued with a ticket through the associated app. Sandy was injured later when she returned the scooter into the locking mechanism. Sandy claimed damages from Jim’s Scooters. The company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words ‘Issued subject to conditions . . . displayed at the scooter station’. On the pillar next to the scooters were printed eight conditions, the second of which exempted Jim’s Scooters from liability for any injury to a customer whilst parking the scooter.

Required: Could Jim’s Scooters successfully rely on the exemption clause to protect it from any action by Sandy? (Note: The IRAC method may be helpful in answering this question) (Word limit: Maximum 500 words)

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