Group Subscription Promotion Terms and Conditions

These terms and conditions (Terms) apply to Promotions, which Carbar Holdings Pty Ltd (ACN 612 049 260) (we, us or our) may conduct from time to time.

1. Definitions and interpretation
   1. Definitions

   Capitalised terms used in these Terms are defined below or in the Subscription Terms:

   Promotion is a promotion by Carbar for a Subscription at a promotional price, which is activated once the Conditions are satisfied.

   Conditions means:

   • the relevant Cars being available for our purchase; and
   • any other conditions set out on the Promotion Page, which may include:
   • a minimum number of approved Customer Applications for the Subscription;
   • a maximum number of approved Customer Applications for the Subscription (Maximum Number of Participants); and/or
   • tiered pricing determined based on the number of approved Customer Applications for the Subscription (Tiered Price Mechanism).

   Eligibility Requirements means the eligibility and residence requirements set out on the Promotion Page and in the Subscription Terms.

   Promotion Page means the page on our website setting out details of the Promotion.

   Promotion Period means the period set out on the Promotion Page, unless ending earlier because:

   • if applicable, the number of approved Customer Applications reaches the Maximum Number of Participants; or
   • the Promotion is terminated in accordance with these Terms.

   Subscription Terms means the subscription terms at Car Subscription Terms and Conditions (as updated from time to time). Substitute Car has the meaning given in clause 3(b).

   2. Interpretation
   • To the extent of any inconsistency, the document higher in the list below prevails:
   • the Promotion Page;
   • these Terms; and
   • the Subscription Terms.
   • In these Terms, unless specified otherwise:
   • terms such as "include", "including", "such as" and similar expressions do not limit the words preceding them;
   • the singular includes the plural and vice versa; and
   • a reference to a document includes all amendments or supplements to or replacements of it.
2. Application process
   1. Submission of Customer Application
   • To participate, you must, during the Promotion Period, submit a Customer Application for the Subscription under the Promotion and pay the Upfront Fee.
   • By submitting a Customer Application, you agree to be bound by these Terms and the Subscription Terms, which together form the agreement between you and us.
   2. Review of Customer Application
   • We will review your Customer Application to determine whether you meet the Eligibility Requirements.
   • Your Customer Application will be successful upon:
   • our approval of your Customer Application; and
   • all Conditions being met (see clause 2.3).
   • If we refuse your Customer Application, we will notify you and arrange a refund of the Upfront Fee within approximately 10 business days.
   • We make no guarantee that:
   • your Customer Application will be approved; or
   • the Conditions to activate the Promotion will be satisfied.
   3. Outcome of Conditions
   • Following expiry of the Promotion Period, we will confirm whether the Conditions for the Promotion were satisfied.
   • If the Conditions:
   • were satisfied, we will (subject to approval of your Customer Application):
   • confirm the applicable Fees and Charges (calculated in accordance with any Tiered Price Mechanism);
   • arrange for Car Handover; or
   • were not met, we will arrange a refund of the Upfront Fee within approximately 10 business days.
   • Any Agreement between the parties for a Subscription automatically terminates if the Conditions are not satisfied.
   4. Customer cancellation prior to activation
   • You may cancel your Customer Application at any time prior to Car Handover by providing written notice to us.
   • If you cancel your Customer Application for any reason (including a change of mind), the Upfront Fee is non-refundable.
   • Despite clause 2.4(b), we will refund the Upfront Fee in full if:
   • your Customer Application is not approved in accordance with clause 2.2;
   • the Conditions are not satisfied in accordance with clause 2.3; or
   • we are unable to supply the Car or a Substitute Car in accordance with clause 3, or otherwise cannot proceed with the Promotion due to reasons within our reasonable control.
3. Car and delivery
   • The Cars may be new, demonstrator or near-new current-model vehicles.
   • If the Car becomes unavailable, we may give notice to substitute it for a comparable or superior vehicle (Substitute Car).
   • You must accept the Substitute Car, unless you give notice to terminate the Agreement for the Subscription within 2 business days of our notice. If you terminate the Agreement, we will refund you the Upfront Fee within approximately 10 business days.
   • You acknowledge that Car delivery timeframes are indicative only and may vary due to logistics, registration requirements, vehicle preparation, supply constraints and vehicle procurement timing and availability.
4. Liability

   We are not liable to you for any failure to supply a Car or Subscription upon termination in accordance with clause 2.3(c) or 4.

5. General
   • We may amend these Terms from time to time, and the amended Terms will take effect from publication on our website. Amended Terms will only apply to a Promotion commencing after they take effect.
   • If a part of these Terms is or becomes invalid or unenforceable under an applicable law, it is severed in the relevant jurisdiction but only to the extent it is invalid or unenforceable.
   • These Terms are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that state.