Terms and Conditions of Vehicle Use 8.1.

8.1.4 to be used to take part in any race, rally, pace-making, trials, speed set out in the Members Manual. If the Members requirements cannot be met, the
testing or other contest; Service Centre will endeavour to offer an alternative but cannot guarantee to meet
The following Agreement is between: 8.1.5 to be used for motor trade use; all the Members requirements.
CarShare Australia Pty Ltd. trading as Newtown 8.1.6 to be used while the driver is under the influence of alcohol, drugs, or 14.4 The Service Provider reserves the right to change the Membership
any other substance impairing their consciousness or ability to react; Manual from time to time.
CarShare & GoGet (the Service Provider) ACN: 102
8.1.7 to be used in contravention of any traffic regulations note that
892 679 committing any traffic offence, other than those listed in section 10.1 is a violation 15. Changes to this Agreement
And the Member (You) of this agreement; Any changes to the terms and conditions of this Agreement will be notified to the
8.1.8 to be driven by any other person who has not first been authorised by Member by the Service Provider.
Background the Service Provider and added to the Service Provider Agreement
1.1 The Service Provider intends to make available to qualifying members of 8.2.1 Failure to comply with the conditions of use may result in the charge 16. Term of this agreement
the public and corporate entities the facility of access to vehicles operated by the of penalty payments or the recovery of the vehicle without notice at the Members 16.1 This Agreement shall remain in force for a period of at least six months.
Service Provider. expense. The Service Provider must give at least one months notice of their intention not to
1.2 The Service Provider is willing to permit the Member to use (and the 8.2.2 The Member agrees to notify the Service Provider immediately (or at renew the Agreement.
Member agrees to use) designated vehicles on the terms and conditions set forth least 48 hours before the next booking, in any event) if any of the following events 16.2 This Agreement may be terminated with immediate effect by the
in this Agreement. occur: Member in the event that the Service Provider breaches any of the terms of this
8.2.3 The Member is involved in an accident involving a vehicle that he or Agreement.
Now it is agreed as follows; she is driving (whether or not a Service Provider vehicle); 16.3 This Agreement may be terminated with immediate effect by the
8.2.4 The Member suffers from a health related complaint that restricts Member in exceptional circumstances with the agreement of the Service Provider.
Definitions their ability to drive safely. 16.4 This Agreement will be terminated if superseded by a new contract
The following terms have the following meanings; 8.2.5 In the event that changes of status occur which affect eligibility the between the Member and a new Service Provider (in agreement with the current
Agreement means this agreement membership will be suspended, unless renewed approval can be obtained under Service Provider and Member named in this contact).
Members Manual means Members handbook, with a copy of the current version special conditions.
available online. A recent version of the member manual may also be provided in 8.2.6 The Member agrees that he/she has read and understood the 17. Law and jurisdiction
each vehicle. Members Manual and the procedures contained therein, and the conditions Any proceedings arising in connection with this Agreement shall be submitted to
relating to the use of the vehicle, the security of the vehicle, and the use and care the non-exclusive jurisdiction of the competent court in the county of registration of
1. The Members Agreement of the keys for the vehicle and personal smartcard. the vehicle. The applicable law in any proceedings will be the law of the courts of
The Member agrees to be bound by the terms and conditions as listed in this the state of New South Wales.
agreement and acknowledges that Service Provider reserves the right to 9. Insurance and eligibility of membership
repossess the vehicle at any time without demand at the Members expense if the 9.1 Membership shall only be available to members of the public who: 18. Assignment
terms of this Agreement are breached. The Member shall not be entitled to assign or otherwise transfer any of its rights or
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 obligation under this Agreement.
2. Collection
minimum of 24 months;
The Member agrees that prior to the driving away of the vehicle he/she will: 19. Organisational Members
9.1.3 Have had no suspensions recorded against their licence in the last 5
2.1 Tag on and off using their own smartcard; 19.1 Employees and volunteers of organisational members are required to be
years including any drink-driving convictions
2.2 Inspect the vehicle for any damage either inside or outside the vehicle. members in their own right.
9.2 The Service Provider has insurance coverage for the persons using
Any damage not shown on the previous damage report sheet must be recorded 19.2 Where the member is an employee or volunteer of an organisation who
the vehicle with their permission (and not otherwise).This policy meets all
on the next damage report and in the logbook; is also a member, the organisation shall be jointly and severally liable for any
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 costs incurred under this agreement
3. Return material damage caused by the use of the vehicle.
3.1 The vehicle must be returned by the agreed time and date to the 9.3 The Member waives all rights to and agrees that the Service Provider Credit Application - Consumer Credit
designated collection point as booked in the Web or Phone Booking System, as or persons acting on its behalf will conduct negotiations and agree any settlement
provided by the Service Provider; with the insurers and that any monies in respect of vehicle loss or damage will be Important Notice To Member For Credit (Section 18(E)(1) Privacy Act 1988)
3.2 The Member agrees to use the Keyless access system to open and paid to the Service Provider or such persons as the Service Provider may direct. Notice of disclosure of your credit information to a credit reporting agency.
close the car, and ensure the keys remain inside the vehicle at the end of each (Privacy Act 1988)
hire; 10. Accidents The Service Provider may provide credit to you. The Service Provider may give
3.3 The Member agrees he/she will return the vehicle with all documents information about you to a credit reporting agency, for the following purposes:
10.1 The Member must report any traffic accident, loss, damage, or theft to
and accessories present at the time of collection and in the same condition as 1. to obtain a consumer credit report about you, and/or
the police immediately and to the Service Provider as soon as practically possible,
they were on collection; 2. to allow the credit reporting agency to create or maintain a credit
which would normally be within 6 hours; the police reference number allocated
information file containing information about you.
must be provided.
4. Charges for late return The information is limited to:
10.2 The Member must not admit liability or guilt in the event of an accident,
4.1 If the vehicle is not returned by the agreed time and date to the designated 1. Identity particulars - your name, sex, address (and the previous two
or promise to pay any third party, or attempt any repair. A Service Provider
collection point, the Service Provider will be entitled to charge the Member at the addresses) date of birth, name of employer, and drivers licence number.
accident or theft report form must be fully completed on request. If the Member
agreed rate (see Members Manual Section 10 for all fees) plus any applicable 2. your application for credit or commercial credit - the fact that you have
does not comply with this request, insurers may refuse the claim.
penalty charges, until the vehicle is either returned or recovered. applied for credit and the amount.
10.3 The Member agrees to co-operate with the Service Provider and its 3. The fact that the Service Provider is a current credit provider to you.
insurers in any investigation or subsequent legal proceedings. 4. loan repayments which are overdue by more than 60 days, and for which
5. Charges for returning the vehicle in poor condition unacceptable to
the Service Provider debt collection action has started.
11. Personal property 5. advice that your loan repayments are no longer overdue in respect of any
5.1 If the vehicle is not returned to the Service Provider in the same condition as it
The Service Provider is not liable to the Member or any passenger for loss or default that has been listed.
was on collection the Service Provider will be entitled to charge the Member for
damage to property left in the vehicle either during the period of use or thereafter. 6. information that, in the opinion of the Service Provider you have
the cost of cleaning and/or servicing the vehicle (see Members Manual Section
Such property is left entirely at the Members or passengers own risk. Members committed a serious credit infringement (that is, fraudulently or shown an
10 for all fees).
are not covered by the Service Providers insurance for the theft of possessions or intention not to comply with your credit obligations).
valuables from the vehicles. 7. dishonoured cheques - cheques drawn by you for $100 or more which
6. Other charges
Full details of all the charges to Members are as shown in the current Members have been dishonoured more than once.
12. Privacy 8. that credit provided to you by the Service Provider has been paid or
Manual. In accordance with the charges as set out in the current Members
The Member consents to the computer storage and processing of the Members otherwise discharged.
Manual, the Member shall pay or reimburse the Service Provider on demand the
personal details by the Service Provider in connection with this Agreement and to Period to which this understanding applies
sum of:
the transmission of these details for the purposes of the Service Providers 1. This information may be given before, during or after the provision of
6.1 The agreed annual membership fee; legitimate interests including statistical analysis, marketing of our services and
6.2 The agreed returnable deposit or preauthorisation as secured by the credit to you.
credit control. If the Member breaches this Agreement, the Members personal Statement By Applicant (s) For Credit
Members nominated credit card; details may be disclosed or passed to third parties to the extent necessary to
6.3 The agreed hourly charge for the booked period (according to the Please read carefully.
assist recovery procedures. Giving information to a Credit Reporting Agency (Section 18E(8)(c)
appropriate membership category; see Members Manual Section 1);
Privacy Act 1988) The Service Provider has informed me that it may give
6.4 Any applicable fees; 13. Indemnity certain personal information about me to a credit reporting agency.
6.5 All mileage charges relating to the distance travelled whilst the vehicle is To the extent allowed by law: Access to Commercial Credit Information (Section 18L(4) Privacy
in use; 13.1 The Member agrees to indemnify and hold the Service Provider Act 1988) I agree that the Service Provider may obtain information about
6.6 Any fines, penalties, court costs or other expenses imposed on the harmless against any claims in connection with operation of the vehicle, any me from a business which provides information about the commercial
Service Provider by law, arising from the use of the vehicle while being used by a damages suffered by, including without limitation, the fines and other credit worthiness of persons for the purpose of assessing provision of
Member, unless due to the Service Providers fault, which shall not relieve the consequences referred to in clause 6.6 above, or any matters which are the consumer credit.
Member or any other person of direct responsibility to any public authority for consequences of the Members acts or omissions. Access to Consumer Credit Information (Section 18K(1)(b), Privacy
his/her unlawfulness; 13.2 The Service Provider expressly disclaims any liability for damage or loss Act 1988) I agree that the Service Provider may obtain a consumer credit
6.7 The Service Providers costs, including reasonable legal fees and of any kind suffered by the Member or any third party, unless it has been proven report containing information about me from a credit reporting agency for
administration charges incurred in collecting amounts due from the Member under that the Service Provider is at fault. the purpose of assessing provision of commercial credit.
this Agreement; Exchange of Credit Worthiness Information (Section 18N, Privacy
6.8 Any amounts due under any clauses in this agreement relating to the 14. The Service Providers Agreement Act 1988) I agree that the Service Provider may exchange information
loss or damage to the vehicle; 14.1 The Service Provider agrees to be bound by the terms and conditions as with those credit providers named in contract or named in a consumer
6.9 Any sums incurred by the Service Provider in connection with the listed in this contract and acknowledges that the Member reserves the right to credit report issued by a credit reporting agency for the following
recovery of the vehicle, or otherwise incurred by the service provider due to the terminate the agreement at any time without demand at the Service Providers purposes;
Members acts or omissions. expense if the terms of this Agreement are breached. 1. to assess the provision of credit to me
6.10 Any late payment or collection fees or interest as a result of the member 14.2 The Service Provider agrees to provide the minimum service provision, 2. to notify other credit providers of a default by me
not paying their invoice within the agreed timeframe. Interest will be charged at which is defined as follows: 3. to exchange information with other credit providers as to the
1.5% per month on the outstanding balance, net of any deposit. 14.2.1 The Service Provider, will ensure, as far as is reasonably possible and in status of this loan where I am in default with other credit providers
accordance with the Agreement, that the vehicle is in a roadworthy condition. 4. to assess my credit worthiness.
7. Care of the vehicle 14.2.2 Vehicles are made available (according to the agreed terms and
7.1 The Member must look after the vehicle, making sure it is locked and conditions) to Members from the designated parking stations from the booked I understand that the information exchanged can include anything about my credit
secure when not in use, use the correct fuel, and set and use any security device start time, and are accessed by the use of a swipe card (see Members Manual for worthiness, credit standing, credit history or credit capacity that credit providers
fitted. details). Once the vehicle has been checked for external damage and internal are allowed to exchange under the Privacy Act.
7.2 The Member is responsible for keeping the vehicle sufficiently supplied neglect, and relevant details of condition, mileage and length of booking have
with the correct fuel (see Members Manual Section 5) and recording any fuel been entered in the logbook, a Member can then use the vehicle in accordance
purchased in the logbook, and ensuring that the vehicle interior is left clean and with the agreed terms and conditions.
tidy before it is returned. 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
8. Conditions of use occurring, and once the Member has requested assistance (as set out in the
8.1 The Member must not allow the vehicle: Members Manual), a designated breakdown Service Provider will attend to the
8.1.1 to be used to smoke in; vehicle (according to the terms and conditions as arranged with the Service
8.1.2 to be used to carry passengers or cargo for remuneration (it is Provider). If the member is at fault in causing the breakdown, the member will pay
however permitted to share the cost of hire with passengers); all recovery or breakdown service charges applicable.
8.1.3 to be used to propel or tow any vehicle, trailer or other object without 14.3 Vehicles can be booked via the Web Booking System. To access a
the prior written agreement of the Service Provider ; vehicle, bookings must be made in advance according to the terms and conditions

Member_Contract_V.1.7.6.doc