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Terms and Conditions of Vehicle Use

The following Agreement is between:


CarShare Australia Pty Ltd. trading as Newtown
CarShare & GoGet (the Service Provider) ACN: 102
892 679
And the Member (You)
Background
1.1
The Service Provider intends to make available to qualifying members of
the public and corporate entities the facility of access to vehicles operated by the
Service Provider.
1.2
The Service Provider is willing to permit the Member to use (and the
Member agrees to use) designated vehicles on the terms and conditions set forth
in this Agreement.
Now it is agreed as follows;
Definitions
The following terms have the following meanings;
Agreement means this agreement
Members Manual means Members handbook, with a copy of the current version
available online. A recent version of the member manual may also be provided in
each vehicle.
1.
The Members Agreement
The Member agrees to be bound by the terms and conditions as listed in this
agreement and acknowledges that Service Provider reserves the right to
repossess the vehicle at any time without demand at the Members expense if the
terms of this Agreement are breached.
2.
Collection
The Member agrees that prior to the driving away of the vehicle he/she will:
2.1
Tag on and off using their own smartcard;
2.2
Inspect the vehicle for any damage either inside or outside the vehicle.
Any damage not shown on the previous damage report sheet must be recorded
on the next damage report and in the logbook;
3.
Return
3.1
The vehicle must be returned by the agreed time and date to the
designated collection point as booked in the Web or Phone Booking System, as
provided by the Service Provider;
3.2
The Member agrees to use the Keyless access system to open and
close the car, and ensure the keys remain inside the vehicle at the end of each
hire;
3.3
The Member agrees he/she will return the vehicle with all documents
and accessories present at the time of collection and in the same condition as
they were on collection;
4.
Charges for late return
4.1 If the vehicle is not returned by the agreed time and date to the designated
collection point, the Service Provider will be entitled to charge the Member at the
agreed rate (see Members Manual Section 10 for all fees) plus any applicable
penalty charges, until the vehicle is either returned or recovered.
5.
Charges for returning the vehicle in poor condition unacceptable to
the Service Provider
5.1 If the vehicle is not returned to the Service Provider in the same condition as it
was on collection the Service Provider will be entitled to charge the Member for
the cost of cleaning and/or servicing the vehicle (see Members Manual Section
10 for all fees).
6.
Other charges
Full details of all the charges to Members are as shown in the current Members
Manual. In accordance with the charges as set out in the current Members
Manual, the Member shall pay or reimburse the Service Provider on demand the
sum of:
6.1
The agreed annual membership fee;
6.2
The agreed returnable deposit or preauthorisation as secured by the
Members nominated credit card;
6.3
The agreed hourly charge for the booked period (according to the
appropriate membership category; see Members Manual Section 1);
6.4
Any applicable fees;
6.5
All mileage charges relating to the distance travelled whilst the vehicle is
in use;
6.6
Any fines, penalties, court costs or other expenses imposed on the
Service Provider by law, arising from the use of the vehicle while being used by a
Member, unless due to the Service Providers fault, which shall not relieve the
Member or any other person of direct responsibility to any public authority for
his/her unlawfulness;
6.7
The Service Providers costs, including reasonable legal fees and
administration charges incurred in collecting amounts due from the Member under
this Agreement;
6.8
Any amounts due under any clauses in this agreement relating to the
loss or damage to the vehicle;
6.9
Any sums incurred by the Service Provider in connection with the
recovery of the vehicle, or otherwise incurred by the service provider due to the
Members acts or omissions.
6.10 Any late payment or collection fees or interest as a result of the member
not paying their invoice within the agreed timeframe. Interest will be charged at
1.5% per month on the outstanding balance, net of any deposit.
7.
Care of the vehicle
7.1
The Member must look after the vehicle, making sure it is locked and
secure when not in use, use the correct fuel, and set and use any security device
fitted.
7.2
The Member is responsible for keeping the vehicle sufficiently supplied
with the correct fuel (see Members Manual Section 5) and recording any fuel
purchased in the logbook, and ensuring that the vehicle interior is left clean and
tidy before it is returned.
8. Conditions of use
8.1 The Member must not allow the vehicle:
8.1.1
to be used to smoke in;
8.1.2
to be used to carry passengers or cargo for remuneration (it is
however permitted to share the cost of hire with passengers);
8.1.3
to be used to propel or tow any vehicle, trailer or other object without
the prior written agreement of the Service Provider ;

8.1.4
to be used to take part in any race, rally, pace-making, trials, speed
testing or other contest;
8.1.5
to be used for motor trade use;
8.1.6
to be used while the driver is under the influence of alcohol, drugs, or
any other substance impairing their consciousness or ability to react;
8.1.7
to be used in contravention of any traffic regulations note that
committing any traffic offence, other than those listed in section 10.1 is a violation
of this agreement;
8.1.8
to be driven by any other person who has not first been authorised by
the Service Provider and added to the Service Provider Agreement
8.2.1
Failure to comply with the conditions of use may result in the charge
of penalty payments or the recovery of the vehicle without notice at the Members
expense.
8.2.2
The Member agrees to notify the Service Provider immediately (or at
least 48 hours before the next booking, in any event) if any of the following events
occur:
8.2.3
The Member is involved in an accident involving a vehicle that he or
she is driving (whether or not a Service Provider vehicle);
8.2.4
The Member suffers from a health related complaint that restricts
their ability to drive safely.
8.2.5
In the event that changes of status occur which affect eligibility the
membership will be suspended, unless renewed approval can be obtained under
special conditions.
8.2.6
The Member agrees that he/she has read and understood the
Members Manual and the procedures contained therein, and the conditions
relating to the use of the vehicle, the security of the vehicle, and the use and care
of the keys for the vehicle and personal smartcard.
9.
Insurance and eligibility of membership
9.1
Membership shall only be available to members of the public who:
9.1.1
Are at least 21 years of age
9.1.2
Are full driving licence holders, who have held their licence for a
minimum of 24 months;
9.1.3
Have had no suspensions recorded against their licence in the last 5
years including any drink-driving convictions
9.2
The Service Provider has insurance coverage for the persons using
the vehicle with their permission (and not otherwise).This policy meets all
applicable statutory requirements and protects the owner and/or authorised driver
of the vehicle against any legal claims from third parties for personal injury or
material damage caused by the use of the vehicle.
9.3
The Member waives all rights to and agrees that the Service Provider
or persons acting on its behalf will conduct negotiations and agree any settlement
with the insurers and that any monies in respect of vehicle loss or damage will be
paid to the Service Provider or such persons as the Service Provider may direct.
10.
Accidents
10.1 The Member must report any traffic accident, loss, damage, or theft to
the police immediately and to the Service Provider as soon as practically possible,
which would normally be within 6 hours; the police reference number allocated
must be provided.
10.2 The Member must not admit liability or guilt in the event of an accident,
or promise to pay any third party, or attempt any repair. A Service Provider
accident or theft report form must be fully completed on request. If the Member
does not comply with this request, insurers may refuse the claim.
10.3 The Member agrees to co-operate with the Service Provider and its
insurers in any investigation or subsequent legal proceedings.
11.
Personal property
The Service Provider is not liable to the Member or any passenger for loss or
damage to property left in the vehicle either during the period of use or thereafter.
Such property is left entirely at the Members or passengers own risk. Members
are not covered by the Service Providers insurance for the theft of possessions or
valuables from the vehicles.
12.
Privacy
The Member consents to the computer storage and processing of the Members
personal details by the Service Provider in connection with this Agreement and to
the transmission of these details for the purposes of the Service Providers
legitimate interests including statistical analysis, marketing of our services and
credit control. If the Member breaches this Agreement, the Members personal
details may be disclosed or passed to third parties to the extent necessary to
assist recovery procedures.
13.
Indemnity
To the extent allowed by law:
13.1 The Member agrees to indemnify and hold the Service Provider
harmless against any claims in connection with operation of the vehicle, any
damages suffered by, including without limitation, the fines and other
consequences referred to in clause 6.6 above, or any matters which are the
consequences of the Members acts or omissions.
13.2 The Service Provider expressly disclaims any liability for damage or loss
of any kind suffered by the Member or any third party, unless it has been proven
that the Service Provider is at fault.
14.
The Service Providers Agreement
14.1 The Service Provider agrees to be bound by the terms and conditions as
listed in this contract and acknowledges that the Member reserves the right to
terminate the agreement at any time without demand at the Service Providers
expense if the terms of this Agreement are breached.
14.2 The Service Provider agrees to provide the minimum service provision,
which is defined as follows:
14.2.1 The Service Provider, will ensure, as far as is reasonably possible and in
accordance with the Agreement, that the vehicle is in a roadworthy condition.
14.2.2 Vehicles are made available (according to the agreed terms and
conditions) to Members from the designated parking stations from the booked
start time, and are accessed by the use of a swipe card (see Members Manual for
details). Once the vehicle has been checked for external damage and internal
neglect, and relevant details of condition, mileage and length of booking have
been entered in the logbook, a Member can then use the vehicle in accordance
with the agreed terms and conditions.
14.2.3 The Service Provider ensures that the vehicles are in a roadworthy
condition and are regularly serviced. In the event of a vehicle breakdown
occurring, and once the Member has requested assistance (as set out in the
Members Manual), a designated breakdown Service Provider will attend to the
vehicle (according to the terms and conditions as arranged with the Service
Provider). If the member is at fault in causing the breakdown, the member will pay
all recovery or breakdown service charges applicable.
14.3 Vehicles can be booked via the Web Booking System. To access a
vehicle, bookings must be made in advance according to the terms and conditions

Member_Contract_V.1.7.6.doc

set out in the Members Manual. If the Members requirements cannot be met, the
Service Centre will endeavour to offer an alternative but cannot guarantee to meet
all the Members requirements.
14.4 The Service Provider reserves the right to change the Membership
Manual from time to time.
15.
Changes to this Agreement
Any changes to the terms and conditions of this Agreement will be notified to the
Member by the Service Provider.
16.
Term of this agreement
16.1 This Agreement shall remain in force for a period of at least six months.
The Service Provider must give at least one months notice of their intention not to
renew the Agreement.
16.2 This Agreement may be terminated with immediate effect by the
Member in the event that the Service Provider breaches any of the terms of this
Agreement.
16.3 This Agreement may be terminated with immediate effect by the
Member in exceptional circumstances with the agreement of the Service Provider.
16.4 This Agreement will be terminated if superseded by a new contract
between the Member and a new Service Provider (in agreement with the current
Service Provider and Member named in this contact).
17.
Law and jurisdiction
Any proceedings arising in connection with this Agreement shall be submitted to
the non-exclusive jurisdiction of the competent court in the county of registration of
the vehicle. The applicable law in any proceedings will be the law of the courts of
the state of New South Wales.
18.
Assignment
The Member shall not be entitled to assign or otherwise transfer any of its rights or
obligation under this Agreement.
19.
Organisational Members
19.1 Employees and volunteers of organisational members are required to be
members in their own right.
19.2 Where the member is an employee or volunteer of an organisation who
is also a member, the organisation shall be jointly and severally liable for any
costs incurred under this agreement
Credit Application - Consumer Credit
Important Notice To Member For Credit (Section 18(E)(1) Privacy Act 1988)
Notice of disclosure of your credit information to a credit reporting agency.
(Privacy Act 1988)
The Service Provider may provide credit to you. The Service Provider may give
information about you to a credit reporting agency, for the following purposes:
1.
to obtain a consumer credit report about you, and/or
2.
to allow the credit reporting agency to create or maintain a credit
information file containing information about you.
The information is limited to:
1.
Identity particulars - your name, sex, address (and the previous two
addresses) date of birth, name of employer, and drivers licence number.
2.
your application for credit or commercial credit - the fact that you have
applied for credit and the amount.
3.
The fact that the Service Provider is a current credit provider to you.
4.
loan repayments which are overdue by more than 60 days, and for which
debt collection action has started.
5.
advice that your loan repayments are no longer overdue in respect of any
default that has been listed.
6.
information that, in the opinion of the Service Provider you have
committed a serious credit infringement (that is, fraudulently or shown an
intention not to comply with your credit obligations).
7.
dishonoured cheques - cheques drawn by you for $100 or more which
have been dishonoured more than once.
8.
that credit provided to you by the Service Provider has been paid or
otherwise discharged.
Period to which this understanding applies
1.
This information may be given before, during or after the provision of
credit to you.
Statement By Applicant (s) For Credit
Please read carefully.
Giving information to a Credit Reporting Agency (Section 18E(8)(c)
Privacy Act 1988) The Service Provider has informed me that it may give
certain personal information about me to a credit reporting agency.
Access to Commercial Credit Information (Section 18L(4) Privacy
Act 1988) I agree that the Service Provider may obtain information about
me from a business which provides information about the commercial
credit worthiness of persons for the purpose of assessing provision of
consumer credit.
Access to Consumer Credit Information (Section 18K(1)(b), Privacy
Act 1988) I agree that the Service Provider may obtain a consumer credit
report containing information about me from a credit reporting agency for
the purpose of assessing provision of commercial credit.
Exchange of Credit Worthiness Information (Section 18N, Privacy
Act 1988) I agree that the Service Provider may exchange information
with those credit providers named in contract or named in a consumer
credit report issued by a credit reporting agency for the following
purposes;
1.
to assess the provision of credit to me
2.
to notify other credit providers of a default by me
3.
to exchange information with other credit providers as to the
status of this loan where I am in default with other credit providers
4.
to assess my credit worthiness.
I understand that the information exchanged can include anything about my credit
worthiness, credit standing, credit history or credit capacity that credit providers
are allowed to exchange under the Privacy Act.