Rental General Terms and Conditions

The Outbound Vehicles are operated and maintained by Us and located on-site at the Host Property for personal use by the community members through the Outbound Sharing smartphone App (collectively, the “Outbound Mobility Services”).

Outbound Mobility agrees to allow You to use the Outbound Vehicles on the terms of use that are set out below (Terms), that are to be read in conjunction with the Schedules.  For each rental, a separate specific terms and conditions document will be signed at the start of the Usage Period. Together with these Rental General Terms and Conditions they form the contract governing that specific rental (Rental Agreement).

By clicking “I accept these terms and conditions” or otherwise subscribing to or using the App or the Services, You agree to be bound by these Terms and Conditions.  

These Terms and Conditions, the specific Rental Agreement and Our Website terms of use constitute a contract between You and Us. If You do not agree to all of the provisions contained in these Terms and Conditions, You must not use the App or the Services.

This Rental Agreement commences on the date You accept these Terms and Conditions.

In these Rental General Terms and Conditions and all related agreements, signing should be understood as digital signature using methods through the Outbound websites and/or mobile phone applications.

To hire a Vehicle, You must sign up to a User Account.  

To create a User Account You must provide Us with Your details including name, address, email  address, mobile phone number, driver licence information, payment card information, photos of You  and relevant ID and any other information We reasonably request from You.

You must notify Us immediately of any:  

(i) changes to Your contact details including Your phone number, address or email address; or

(ii) changes to Your nominated credit or debit card.  

You must pay the Rental Charges with a valid debit card, credit card or such other payment options  as We may permit in Our sole discretion (Payment Card).  

We will charge Your Payment Card for the Rental Charges that are due. If You fail to pay the Rental  Charges as they come due, Your User Account may be cancelled and You will not receive the  benefits of membership, including access to the Our Vehicles.  

You must not attempt to use the Services, including the App, without a valid, active User Account.

In creating a User Account, You warrant and agree that:

(i) any information You provide as part of Your User Account, including (without limitation) Your name, address and other identifying information (User Account Details) is accurate,  current and complete;  

(ii) You must keep confidential and not provide to any person Your login details, including (without limitation) any username, password, and/or password hint(s) chosen by You or  assigned to You (Login Details), and any other mechanism for accessing or logging on to the App or Your User Account (Access Mechanism);  

(iii) You must not allow any other person to use Your Login Details to access the App or Your  User Account;   

(iv) We may rely on Your User Account Details being accurate, complete and current unless  and until You notify Us that Your User Account Details are no longer accurate, complete or current (as the case may be);

(v) You are solely responsible for all activities that occur under Your User Account, whether or  not engaged in by You;  

(vi) You will comply with all conditions, usage restrictions or other requirements in respect of  the Login Details (including any directions to use or stop using, temporarily or indefinitely, the Login Details) as notified or disclosed to You by us or any of our authorised representatives from time to time;

(vii) You will immediately cease using any Login Details or Access Mechanism if We or any of Our authorised representatives notify You or, if You become aware, that Your permission to use those Login Details or Access Mechanism has been withdrawn or expires;  

(viii) You will immediately notify Us if You become aware or suspect that the security of the Login Details or Access Mechanism has been compromised for any reason, or if You suspect  someone else has used or is using Your Login Details;

(ix) You must keep Your User Account Details up to date so long as Your User Account  remains active (You can update or correct Your User Account Details at any time via the App or Our Website);  

(x) You have no proprietary interest of any kind in Your User Account, Login Details or any Access Mechanism; and

(xi) You enter these Terms and Conditions on the understanding that You are entering into a contractual relationship and that We are providing You with access to the App to facilitate the provision of the Services.  

You notify us that You wish to terminate or suspend Your User Account;  

Your User Account becomes inactive (including, without limitation, if You have not logged in to Your User Account for more than 30 consecutive days);  or

acting reasonably and in Our sole opinion:

(i) We suspect that Your User Account Details or Login Details are out of date or inaccurate or that Your User Account, Login Details or the Access Mechanism have been hacked,  subject to unauthorised access or compromised in any way;  

(ii) We believe that You have engaged in, are engaging in, or are likely or intend  to engage in a Prohibited Act, or Your User Account has been, is being, or is likely to be, used to  engage in a Prohibited Act; or  

(iii) We consider it is necessary in order to comply with any law or to protect the  safety of any person.  

You and any Authorised Driver must have a current valid licence which is:  

(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit and if Your licence is not issued in English, You must have an accurate translation of Your licence into English, issued by the National Accreditation Authority for Translators and Interpreters (NAATI) that includes a full explanation written in English of any condition to which Your licence is subject and the category of vehicle for which Your licence was issued;

(ii) appropriate for the class of the Vehicle; and

(iii) not subject to any restriction or condition.

Learner drivers and provisional and probationary licence holders are not acceptable.

culpable, dangerous or reckless driving;

driving whilst intoxicated or under the influence of alcohol or drugs or with a level of drugs or alcohol  that exceeds the lawful limit; or

failing to undertake a preliminary breath test or drug impairments assessment.

introduce any malicious code to any part of the Website or the Outbound Sharing App;

hack, reverse engineer or decompile any part of, including any source code of the Website or the Outbound Sharing App;

copy, modify, transmit, reproduce, distribute, or alter any part of the Website or the Outbound Sharing App;

access or use the Website or the Outbound Sharing App for any unlawful purpose;

attempt to disguise your identity or impersonate anyone else for any reason for the purposes of collecting any information including User access information or personal information or anything else when using or accessing the Website or the Outbound Sharing App;

hide or attempt to hide your, location, IP address, or anything else when using or accessing the Website or the Outbound Sharing App;

use any automated software to operate or access the Website or the Outbound Sharing App;

not use any technology to ‘scrape’ any data or information of other users, Outbound Mobility representatives, source code or anything else from the Website or the Outbound Sharing App;

gain, or assist others in gaining, unauthorised access to the Website or the Outbound Sharing App; and

cause to disable or interrupt any part of the Website or the Outbound Sharing App.

whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of  drugs present in blood, urine or oral fluid that exceeds the limit set by law;  

recklessly or dangerously; or  

whilst it is damaged or unsafe.  

fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;  

use the Vehicle:  

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or  contaminate, in quantities above that used for domestic purposes;  

(iii) to propel or tow another vehicle or a trailer;  

(iv) to carry or transport illegal drugs or substances;  

(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes;  or  

(vi) in an unsafe or un-roadworthy condition; or  

use a mobile phone:  

(i) to make or receive a phone call, perform any audio function or as a navigational device,  unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed  to the Vehicle and its use does not require manual operation of the phone; or  

(ii) to send a text message, video message, email or similar communication unless the  Vehicle is parked.  

You must not:  

(i) damage the Vehicle deliberately or recklessly or allow anyone else to do so;  

(ii) modify the Vehicle in any way;  

(iii) sell, rent, lease or dispose of the Vehicle; or  

(iv) register or claim to be entitled to register any interest in the Vehicle under the Personal Property  Securities Act 2009.  

You must not use the Vehicle to carry:  

(i) passengers for hire, fare or reward except:

(ii) more than the number of passengers for which the Vehicle is licenced; or

(iii) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.  

outside of Australia;

on an Unsealed Road;  

Off Road; or  

in any area where snow has fallen or is likely to fall.  

roads that are prone to flooding or are flooded;  

beaches, sand dunes, streams, rivers, creeks, dams and floodwaters;  

any road where the police or an authority has issued a warning;  

any road that is closed; and  

any road where it would be unsafe to drive the Vehicle.

comply with all mandatory seatbelt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened;

comply with all mandatory child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened;

and that the restraint is properly adjusted and fastened;
make sure that the Vehicle is locked when it is not in use or unattended;

ensure the vehicle battery does not run out of charge;

take reasonable care of the Vehicle by:take reasonable care of the Vehicle by:

(i) preventing it from being damaged;

(ii) making sure that it is protected from the weather;

(iii) maintaining the engine and brake oils and coolant level and tyre pressures;

(iv) using the correct fuel type; and

(v) making sure it is not overloaded;

inform us immediately if the Vehicle develops any fault during the Trip;

not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so; and

not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

When returning the Vehicle, You agree to:

(i) park the vehicle in the Designated Parking Space at your Host Property;

(ii) ensure that the Vehicle is reasonably clean;

(iii) plug the vehicle back into the Designated Charging Station;

(iv) leave all documents, accessories and Devices that were in the Vehicle at the commencement of the Booking in the Vehicle;

(v) switch off all lights;

(vi) close and securely seal all doors and windows;

(vii) remove all personal belongings; and

(viii) notify Outbound Mobility of any stains, marks, scratches, dents, liquid spills or any other such Damage to the Vehicle.

You are responsible for excessive cleaning that is required including for:

(i) stains;

(ii) marks, dents, scratches; and

(iii) liquid damage.

You are also s responsible to reliably complete the vehicle return checklist at the end of the rental, to remove any personal items from the vehicle, lock the vehicle and end the rental via the App.

We understand that circumstances change and that You may require the Vehicle for longer than the  Rental Period. If so, You must extend the booking using the Outbound mobile app or message Us through our support channels.

In the event the vehicle would be returned more than 30 minutes after the date and time and at the location specified in the specific terms and conditions (unless an extension of the rental period was previously approved in writing or email by Us) the User will be charged for additional hours the vehicle has been used plus additional penalties if Outbound has suffered any damages related to that delay (for example if that vehicle was booked by another User on the next rental period).

If the Vehicle has not been returned more than twenty-four (24) hours after the end of the rental period at the location specified in the specific terms and conditions, We may:  

(i) terminate the Rental Agreement; and  

(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after  making reasonable attempts to contact You, report the Vehicle as stolen to the Police.  

booking cancellation prior to twenty four (24) hours preceding the start time of the rental: full refund; or

booking cancellation less than twenty four (24) hours before the start time of the rental: 50% refund.

You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as  well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it  has been seized by a regulatory authority.  

An administrative fee applies if We are required to nominate You as the responsible driver if any toll,  fine or infringement is unpaid.  

You and any Authorised Driver must pay all tolls.

An electronic tag (e-tag) is fitted for use of the Vehicle on toll roads and the e-tag must not be  removed from the Vehicle.  

All toll charges will be debited from Your nominated credit card within a reasonable time after We receive an invoice from the toll road operator.

The User may return the vehicle back at the end of the rental period at any charge level provided that charge level is above 10%.

When the battery state of charge is low, you may recharge the Vehicle at the Recharge Station at the Designated Parking Space. If however you are not near the Designated Parking Space and elect to charge the vehicle at a public Recharge Station, you will be liable for any associated costs of that public charging facility.

When using charging stations, the User must ensure to unplug and move the car once the charging cycle is complete. Failure to do so may result in penalty fees (at the standard rate of the charging provider) per additional minute of occupying the supercharger after the end of the recharge. This charge is levied by the charging provider and is outside the control of Outbound.

The specific terms and conditions will mention an indication of the theoretical range achievable with the vehicle. This mention is by no way a guarantee that this range will be effectively achievable without intermediate charging as many factors significantly influence that theoretical range such as driving style, weather conditions, use of heating or air conditioning, types of road, etc. It is the responsibility of the driver to ensure he/she charges the vehicle before the battery is fully depleted.

Any additional costs resulting from battery breakdown due to User charging failure or negligence shall be charged back to the User.

A daily limit of 400 kilometres applies unless You have Our prior written approval to have this limit waived and it is noted on the Rental Agreement.

For each day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of thirty-five cents (35c) per excess kilometre.  

the balance of the Rental Charges, including any charges for excess kilometres (if any);

the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;  

any costs We incur, including:  

(i) refuelling costs; and  

(ii) extra cleaning costs;

(iii for all Damage arising from a Major Breach of the Rental Agreement;  

(iv) for all Overhead Damage;  

(v) for all Underbody Damage; and  

(vi) for any Damage caused by the immersion of the Vehicle in water.  

the Usage Fee;

tolls;

speeding and traffic fines and infringements;

fines or charges imposed for parking;

extra cleaning costs;

public charging costs; or

the Damage Excess,

the Account Holder authorises Outbound Mobility to debit the Account Holder’s credit card within a reasonable time.

You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and  starting 7 days after the date that overdue amount became payable to Us and ending on the date of  payment of all amounts due;  

We may engage a mercantile agent or debt collector and You must pay the reasonable costs and  charges We incur in recovering or attempting to recover that overdue amount, including mercantile  or debt collection fees, commission and any legal costs; and  

You authorise Us to provide information of that default to a credit reporting body and to obtain an up  to date consumer credit report on You. Personal information may be used and disclosed by the  credit reporting body in accordance with the Privacy Act to create or maintain a credit information file  containing information about You, including defaults in excess of 60 days and the debt owed to Us.  

You may request a refund from Outbound Mobility. Generally, refunds may be provided where, due to no fault of the Driver, they have lost use of the Vehicle. For example, in an accident they did not cause, or if a Vehicle breaks down.

You may request a refund from Outbound Mobility by sending an email to support@getoutbound.io.

Depending on circumstances, Outbound Mobility may, in its sole discretion:

(i) refund the Usage Fee to the Account Holder; or

(ii) make a partial refund of the Usage Fee; or

(iii) not refund the Usage Fee.

Outbound Mobility may request information from You in respect of a refund request.

Standard Damage Cover is included in the Rental Charges.  

Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim.  

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but  not exceeding, the Damage Excess will be charged to Your credit card:

(i) for single vehicle Accidents:

(ii) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and

(iii) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total  liability.

Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.  

You have fully completed an Incident Report Form with:

(i) the name, residential address, contact phone, email address and licence number of any person involved (Third Party);

(ii) the registration number of all vehicles involved;

(iii) an accurate written and diagrammatic description of the Accident and location; and

(iv) the names and addresses of all attending police officers and the stations at which they are based;

You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;

We believe You were not at fault for an Accident involving a Third Party; and

You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and the insurer will agree to pay Us for the Damage.

We will refund any amount You have paid for the Damage Excess as soon as practicable:

(i) in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;

(ii) in part, if the repair cost to the Vehicle is less than the amount You have paid;

(iii) in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or

(iv) on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party for Damage.

In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.

Damage or Third Party Loss arising from:  

(i) a Major Breach of the Rental Agreement; or

(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;  

Overhead Damage;  

Underbody Damage;  

Damage caused by:  

(i) immersion of the Vehicle in water, including salt water;  

(ii) use of the incorrect fuel type; or  

(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or  

(iv) damage to the tyres or rims of the Vehicle, other than by normal wear and tear; and

the full cost of replacing or repairing any accessories supplied by Us including, but not limited to  GPS units, lost keys, keyless start and remote control devices.

You;  

Your relative, friend or associate who ordinarily resides with You or with whom You  ordinarily reside;  

any relative, friend or associate of an Authorised Driver; or  

Your employees,

We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into  account the age of the Vehicle but breakdowns do occur.

Twenty four hour roadside assistance is provided  free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us on +61279123610 to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where  one is available.  

We are not responsible for:  We are not responsible for:  

(i) a flat battery because the lights or entertainment system have been left on;  

(ii) tyre changing;  

(iii) lost keys or remote control device; or  

(iv) keys or remote control device locked in the Vehicle.  

Extra charges will apply if any of these services are provided at Your request.

Roadside assistance does not apply if:

(i) the incorrect fuel type is used; or

(ii) the breakdown is caused by a Major Breach,

and You are liable for any Damage caused.

flights You have missed;  

holiday plans that are disrupted;  

loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms,  earthquakes, bushfires, or pandemics;  

loss of enjoyment; or  

consequential or economic loss.

If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must:

(i) contact Us to report the Accident or theft as soon as practicable, but in no case more than 24 hours of it occurring; and

(ii) subsequently fully complete an Incident Report Form.

The Incident Report Form should include as much information as is reasonably practical, including:

(i) the information listed in clause 12.3 regarding the contact details for the other driver and witnesses and an accurate written and diagrammatic description of the Accident and its location; and

(ii) the circumstances under which the Accident or theft occurred.

The Incident Report Form must be submitted to Us:

(i) within seven (7) days of the Accident or theft, or upon the return of the Vehicle if it is returned to Us within that seven (7) day period; or

(ii) if the Vehicle is stolen, immediately the theft of the Vehicle is reported to the police.

any person is injured;

the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

the other party appears to be under the influence of drugs or alcohol, You or the Authorised Driver must also report the theft or Accident to the police as soon as:

(i) the theft is discovered; or

(ii) it is practical to do so after an Accident.

make the Vehicle secure;

exchange names and addresses, phone numbers and email addresses with the other driver;

obtain the name of the other driver's insurance company;

take a photo of the other driver's licence;

take the registration numbers of all vehicles involved;

take as many photos as is reasonable showing:

(i) the position of the Vehicles before they are moved for towing or salvage;

(ii) the Damage to the Vehicle;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs; and

obtain the names, addresses, phone numbers and email addresses of all witnesses.

forward all third party correspondence or court documents to Us within seven (7) days of receipt;

co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and

co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:

(i) Our lawyer's office; and

(ii) any Court hearing.

make any admission of fault;

make any offer or promise to pay or settle any claim for Third Party Loss; or

agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft of attempted theft.

the reporting obligations in clauses 12.1 and 12.2; and

the obligations in clause 12.4 to forward third party correspondence and court documents to Us within seven (7) days and to co-operate with Us in the investigation of any Accident of theft claim and the prosecution or defence of any legal proceedings.

there is a breach of any of the following:

(i) clause 3 (registration requirements);

(ii) clause 4 (unauthorised use of the App);

(iii) clause 5 (prohibited driving, use and actions);

(iv) clause 6 (prohibited areas of use);

(v) clause 7.2(c) (Vehicle to be locked and keys kept in Your possession);

(vi) clause 7.2(e) (reasonable care);

(vii) clause 7.2(f) (notification of Vehicle fault); or

(viii) clause 7.2(g) (repair without authority);

that causes Damage, theft of the Vehicle or Third Party Loss;

there is a breach of:

(i) clause 12 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or

(ii) clause 17.2(c) (tampering with, or removal of, the Tracking Device); or

the Vehicle is stolen by You or an Authorised Driver or by any person acting for You, at Your direction or on Your behalf.

commit a Major Breach of the Rental Agreement; or

drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,

there has been a Major Breach;

there has been a breach of clause 13.2(b);

the Vehicle has been illegally parked for longer than 24 hours; or

the Vehicle is apparently abandoned.

driving the Vehicle;

being involved in accidents;

any damage caused to the Vehicle;

accessing or using Outbound App or the Website, regardless of the purpose it was used for; or

any other act or omission in connection with the Outbound App, User or Visitor data, accuracy of information, or anything else, howsoever caused and regardless of which party is at fault or is responsible for any such act or omission.

War, declared or undeclared, revolution or action taken by public enemies; riots or civil disturbances; strikes, lock outs or work stoppage, affecting all or part of Outbound Mobility’s staff; acts of God; constraints imposed by any government or public authority; or any other cause that is reasonably beyond the control of one of the other party; and

an epidemic, pandemic, outbreak, disease or any illness that results in the Vehicles being unavailable for the purpose of the Service because of any direction or recommendation given by Local, State or Federal Government. The duty to remedy any one of these causes quickly in no way includes the duty to end strikes or industrial conflict by accepting the demands of the other party or parties.

the Rental Agreement may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle;

We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest; and

We may register the Security Interest on the Personal Property Securities Register.

We are committed to respecting privacy and will not collect, use or disclose Your personal  information where doing so would be contrary to law.  

When We collect Your personal information We will do so only for the purpose of providing rental  services to You. If You choose not to provide this information to Us We may not be able to provide  those rental services to You.  

We take reasonable steps to make sure Your personal information is accurate, up to date and  complete and that it is protected from misuse, loss or unauthorised access, modification or  disclosure.  

To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.  

Information from the Tracking Device may be used during and after the Rental Period.  When You sign the Rental Agreement, You expressly consent to Us:

(i) using the Tracking Device on the Vehicle during the Rental Period; and

(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 17.2(a).

You must not tamper with the Tracking Device or remove it from the Vehicle.

nature of the Dispute;

areas of expertise in considers are required to resolve the Dispute;

material issues of the Dispute;

the relief or outcome being sought; and

proposed solution to resolve the Dispute, which must be reasonable in the circumstances.

the nature of the Dispute;

the relief or outcome referred to in the Notice of Dispute;

any additional issues or matters that would assist to resolve the Dispute; and

any additional issues or matters that would assist to resolve the Dispute; and

any other reasonable comments or suggestions.
Within 14 days of the Notice of Response, or as otherwise reasonably agreed to by the parties, the parties must meet in person and take steps to resolve the dispute reasonably and in good faith (Negotiation).

a collision between the Vehicle and another vehicle or object, including animals and roadside  infrastructure;  

rollovers; and  

weather events, including hail Damage,  

any loss or damage to the Vehicle including its parts, components and accessories, including the  GPS unit, that is not fair wear and tear;

towing and salvage costs;  

assessing fees; and  

Loss of Use,

Damage to the Vehicle; or  

Third Party Loss,  

use of the Driver App or the Services:  

(i) for any unlawful purpose;  

(ii) in any way that interrupts, damages, impairs or renders the Driver App, or Our Services  substantially less efficient;  

(iii) to transfer files that contain viruses, trojans or other harmful programs;

(iv) to access or attempt to access the User Account of another user or to penetrate or attempt  to penetrate any security measures;  

(v) to disseminate any content or engage in any conduct which is defamatory, obscene, or may  have the effect of being harassing, threatening or abusive to an individual or group of  individuals or which discriminates or vilifies any person or group of person on the basis of  religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; or  

(vi) to advertise or promote a third party’s or your own products or services (to infringe another  person’s copyright, trade mark or any other intellectual property rights;  

engaging in any screen scraping, data mining, or data acquisition and consolidation, or any other  means of automatically searching or mining data from the Driver App, Our Website or the Services;  or

sharing Your Login Details with any third party; or

allowing anyone to access Your User Account or to drive the Vehicle using Your Login Details.

headings are for convenience only and do not form part of the Terms and Conditions or affect their  interpretation; and

where You comprises two or more persons each is bound jointly and severally.

a reference to a document, including this Agreement, is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

in each schedule to this Agreement, a reference to a paragraph is a reference to a paragraph in that Agreement;

a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

a reference to writing includes any communication sent by post, facsimile or email;

a reference to time refers to time in Brisbane, Queensland and time is of the essence;

all monetary amounts are in Australian currency;

the word “month” means calendar month and the word “year” means 12 calendar months;

the use of words such as “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions, are used without limitation;

a reference to any thing is a reference to the whole and each part of it;

a reference to a group of persons is a reference to all of them collectively and to each of them individually;

words in the singular include the plural and vice versa.