Terms & Conditions

You and Carbar agree:

• 1. The Vehicle is owned by Carbar Holdings Pty Ltd ACN 612 049 260 (Carbar) or a third party that has chosen to offer the Vehicle for Carbar's customers to use via Carbar Subscription.
• 2.Subject to your Customer Application being approved by Carbar, you and Carbar agree that you will use the Vehicle subject to this Agreement.

Approval of Customer Application

• 3. To complete the Customer Application, you must:
  • a. complete all required fields providing true and accurate information;
  • b. provide 100 points of identification;
  • c. provide evidence of your current residential address;
  • d. next of kin details (phone number, address, email);
  • e. provide your bank statement or other proof of income (e.g. letter of employment);
  • f. provide a valid full or P2 provisional Australian driver licence or international driver licence from your country of residence along with a relevant State / Territory issued client identity number (as applicable) (Driver Licence);
  • g. for any State /Territory where toll roads exist, provide evidence of your existing LINKT account (if you don’t have one, a $27.50 nomination fee will be payable for each toll incurred);
  • h. pay the Upfront Fee and (if applicable) New Car Levy; and
  • i. pay the Initial Subscription Fee.
• 4.Without limiting your obligation in clause 3.a, when completing the Customer Application, you must tell Carbar if you intend to use the Vehicle for any commercial purpose, (Business Use). The consequences of notifying Carbar that the Vehicle will be used for Business Use (either under this clause 4 or clause 17.a) include:
  • a. an increased Subscription Fee (as determined by Carbar and advised to you);
  • b. Additional Kilometre Charge (if applicable); and
  • c. increased Excess for the Damage Cover.
• 5. You agree to Carbar performing all relevant consumer credit and driver history checks deemed reasonably necessary for Carbar to approve the Customer Application.
• 6. You agree to pay for any checks referred to in clause 4 that are performed by Carbar, up to the amount of $70.00. If the Customer Application is not approved, you will not be entitled to a refund of this amount.
• 7. Unless you have notified Carbar of any of the following and Carbar has waived any of the following requirements in writing, you warrant and represent throughout the Subscription Period that you and all Approved Drivers have not
  • a. had a Driver Licence cancelled or suspended in the last two (2) years;
  • b. had three (3) or more at-fault insurance claims (including any previous At-Fault Accident involving the Vehicle or any other vehicle under another subscription agreement with Carbar in the last three (3) years;
  • c. had any insurance refused, cancelled or avoided, insurance renewal not offered, special conditions imposed or claims refused in the last five (5) years;
  • d. been convicted of a criminal offence involving fraud or dishonesty, theft or robbery, arson, damage or threatened property damage, or injury or threatened injury to any person in the past five (5) years; and/or
  • e. provided any false or misleading information in relation to their Customer Application, including in relation to their driving experience and insurance history; and/or
  • f. been the subject of bankruptcy proceedings in the last seven (7) years.
• 8. You acknowledge and agree that Carbar may refuse to approve the Customer Application for any reason (including where Damage Cover is denied by the Insurer), and Carbar is not required to provide reasons for non-approval of the Customer Application.
• 9. If the Customer Application is not approved, Carbar will refund (if applicable) the Upfront Fee, New Car Levy (if applicable) and Initial Subscription Fee using the method used to pay. You acknowledge and agree that the Initial Subscription Fee, the Subscription Fee, New Car Levy (if applicable) and the Upfront Fee will be non-refundable in all circumstances other than as provided for in this clause 9.
• 10. You agree that you are not entitled to any amounts of interest accrued while your Upfront Fee, New Car Levy (if applicable) and Initial Subscription Fee are held by Carbar (and that these amounts are owned by Carbar), whether or not the Customer Application is approved.
• 11. Carbar will notify you within 14 business days if the Customer Application is approved and, if it is, will arrange for Vehicle Handover.

Vehicle Handover

• 12. Subject to approval of your Customer Application, Carbar will arrange for you to pick up the Vehicle from a Carbar site or to deliver the Vehicle to a location chosen by you within 50 kilometres of Sydney Central Business District, Brisbane Central Business District or Melbourne Central Business District, as applicable, at a time and date agreed between you and a Carbar Representative (Vehicle Handover).
• 13. At Vehicle Handover, you must present your Driver Licence and complete the Condition Report with a Carbar Representative. You authorise Carbar to disclose your details (including personal information) to a Carbar Representative (including a third party dealer partner) in order to fulfil Vehicle Handover.
• 14. If you fail to sign the Condition Report at the time of Vehicle Handover, you will not be permitted to collect or take possession of the Vehicle.
• 15. If you elect to display a Personal Number Plate on the Vehicle, you must bring your Personal Number Plate to the Vehicle Handover for the Carbar Representative to affix to the Vehicle.You will be responsible for any costs relating to changeover of number plates.

Subscription Period

• 16. During the Subscription Period:
  • a. the Vehicle must only be driven by you and/or the Approved Driver noted on the Customer Application and approved in writing by Carbar;
  • b. you and any Approved Driver must:
    • hold a valid Driver Licence;
      • be aged between twenty-one (21) years and 85 years of age; and
      • be licensed to drive the Vehicle in the State or Territory in which the Vehicle will be used; and
  • c. you must ensure that any Approved Driver is aware of and complies with the terms of this Agreement, and you are responsible and liable for the acts and omissions of any Approved Driver in connection with this Agreement.
• 17. During the Subscription Period you will ensure that:
  • a. you provide Carbar with a minimum of 7 days prior written notice in accordance with clause 70 if you want to use the Vehicle for Business Use. Carbar reserves the right not to consent (in which case you must not do so) or provide consent subject to certain conditions (including those referred to in clause 4);
  • b. the Vehicle is not used for any Prohibited Use;
  • c. appropriate care is taken when operating the Vehicle and it is only used for its intended purpose;
  • d. there is no smoking in the Vehicle;
  • e. the Vehicle is not modified in any way, irrespective of whether the modifications are reversible or permanent;
  • f. the GPS Unit located within the Vehicle is not removed, tampered with or modified;
  • g. the Vehicle is not used to jump start any other Vehicle; and
  • h. the Vehicle (or any of its parts) are not sold, rented or disposed of, and no person is given (purported or otherwise) any legal rights over the Vehicle or registers or attempts to register any interest in the Vehicle under the Personal Property Securities Act 2009.
• 18. During the Subscription Period, you must:
  • a. pay for the cost of fuel and tolls;
  • b. ensure that the Vehicle is locked when not in use;
  • c. use the correct fuel type when refueling the Vehicle;
  • d. make the Vehicle available at Carbar's nominated Servicing Agent for periodic servicing as and when the service intervals fall due; and
  • e. immediately inform Carbar if:
    • i. a warning light or fault message appears;
    • ii. you or the Approved Driver become aware of low engine or brake oils, engine coolant levels or tyre pressures; or
    • iii. the Vehicle develops any fault during the Subscription Period.
• 19. In any of the circumstances set out in clause 18.e, you must cease using the Vehicle and not perform any repairs. If you do not comply with clause 18.e, you and any Approved Driver will be jointly and severally liable for any resulting Damage, Claim or Loss.
• 20. You must immediately report any Claim, Loss or Damage in relation to the Vehicle to Carbar and deliver to Carbar every summons, complaint, document or paper in relation to the Claim, Loss or Damage.
• 21. You agree to pay the Subscription Fee for the duration of the Subscription Period in the following manner:
  • a. the Subscription Fee for the first 4 weeks of the Subscription Period will be paid as the Initial Subscription Fee upon the completion of the Customer Application; and
  • b. the Subscription Fee for the balance of the Subscription Period will be payable fortnightly in advance commencing 4 weeks after the start of the Subscription Period and will be debited from your Nominated Account. Each fortnightly payment deadline during the Subscription Period shall be referred to in this Agreement as a ‘Due Date’.
• 22. All amounts payable under this Agreement are inclusive of GST (unless otherwise specified), and if your Nominated Account is a credit card then we may charge you any processing surcharge we incur in processing your payment (details of which can be viewed on the Website).
• 23. You consent to Carbar debiting from your Nominated Account all fees, charges and any other amounts payable by you pursuant to the terms of this Agreement when such fees, charges and other amounts become due and payable (details of which can be viewed on the Website).
• 24. If, for any reason, Carbar is unable to debit your Nominated Account for any fees, charges and/or any other amounts payable by you under this Agreement, in addition to its other rights under this Agreement (including clause 49), Carbar may in each case:
  • a. make three further attempts to debit your Nominated Account within 24 hours of the first attempt;
  • b. charge you a late fee of $27.50 (Late Fee);
  • c. request immediate payment of any Late Fee and any applicable outstanding amounts; and/or
  • d. engage debt collection agencies to recover any outstanding amounts, at your cost.
• 25. For every 12 month period during the Subscription Period, you agree to pay Carbar an additional 14 cents for every kilometre travelled by the Vehicle during the Subscription Period in excess of 26,000 kilometres (Additional Kilometre Charge).
• 26. If the Subscription Period is less than 12 months, or this Agreement ends before a subsequent 12 month period to the initial 12 month period is completed, any Additional Kilometre Charge will be calculated on a pro rata basis based on the period of usage.
• 27. You agree that if you become liable for any Additional Kilometre Charge, Carbar may add the Additional Kilometre Charge to your Subscription Fee.
• 28. Any outstanding Additional Kilometre Charge at termination of this Agreement will be invoiced to you.
• 29. In order to reward you for your ongoing subscription with Carbar, after 12 months of continuous subscription (whether you are in the same Vehicle or have ‘swapped’ you Vehicle for another one, including any replacement Vehicle supplied by Carbar under clause 38 or 39), you will be entitled to:
  • a. a weekly credit which will automatically be applied by Carbar to reduce the amount of your then-current Subscription Fee as set out in the Customer Application (“Carbar Loyalty Credit”); and
  • b. where you have subscribed for a new Vehicle and paid a New Car Levy, an additional one-off credit of the amount specified in the Customer Application (“Carbar Credit”) which will be credited to your Carbar account and can be used (at your discretion) within 12 months to pay:
    • i. any fees, charges and/or any other amounts payable by you under this Agreement; or
    • ii. any New Car Levy, Upfront Fee or Initial Subscription Fee for another vehicle (including where you wish to ‘swap’ your Vehicle for another one) under another subscription (which, for clarification, will be treated as a separate new subscription and not the subscription under this Agreement).
• 30. After 24 months of continuous subscription with Carbar, the Carbar Loyalty Credit will further increase such that your then-current Subscription Fee will further decrease as set out in the Customer Application.
• 31. The Carbar Loyalty Credit and (if applicable) Carbar Credit cannot be:
  • a. redeemed for cash;
  • b. accumulated (and, in the case of the Carbar Credit, must be used within 12 months);
  • c. used for any other purpose not specified in clause 29, or
  • d. transferred or assigned to another person.
• 32. For clarification:
  • a. the Carbar Loyalty Credit and (if applicable) Carbar Credit only apply once your subscription with Carbar (whether for the same Vehicle or a ‘swap’ or replacement vehicle) exceeds 12 months (and subsequent 12 month anniversaries), and do not accrue (in whole or in part) on any other periodic basis;
  • b. the Carbar Loyalty Credit will be forfeited upon the cancellation of your subscription; and Actual: the Carbar Loyalty Credit will be forfeited upon the cancellation of your subscription to the Vehicle or termination of this Agreement (except where the Vehicle is replaced by Carbar under clause 37 or 38); and
  • c. any applicable Carbar Credit will be forfeited if not used within 12 months.

Recall Events

• 33. There are various circumstances for legitimate business interests where Carbar may require you to return the Vehicle, including where:
  • a. the Vehicle is owned by a third party, and the agreement between Carbar and the third party for Carbar’s use of the Vehicle for Carbar Subscriptions has expired or been terminated;
  • b. the Vehicle has a maintenance issue or otherwise requires significant cost to repair;
  • c. the Vehicle is of such an age, or has been driven such a distance, that reasonably requires the replacement of the Vehicle from a quality, reliability or other customer service standpoint; or
  • d. Carbar has other reasonable grounds to require the return to protect its legitimate business interest,
  • (each a Recall Event).
• 34. If there is a Recall Event:
  • a. Carbar, its agents, contractors or representatives will provide you notice of the Recall Event in accordance with clause 70;
  • b. you must return the Vehicle by the date notified to you by Carbar. If the Vehicle is not returned, Carbar, its agents, contractors or representatives may immediately repossess the Vehicle without further notice to you;
  • c. subject to the availability of a similar vehicle, Carbar will replace the Vehicle with an equivalent vehicle (which will become the Vehicle for the purpose of this Agreement, and will be a continuous subscription for the purpose of any reduction in your Subscription Fee and entitlement to Carbar Loyalty Credit under clause 29); and
  • d. if you do not approve the replacement vehicle referred to in paragraph (c), then this Agreement will be taken to have been terminated, and clauses 47 to 60 will apply.

Accidents, Damage and other incidents

• 35. If any Damage, Claim, theft of the Vehicle or Loss occurs during the Subscription Period or results from your use of the Vehicle, you must:
  • a. immediately notify Carbar; and
  • b. follow all instructions given by Carbar.
• 36. You and the Approved Driver must report all accidents to the police if:
  • a. any person is injured;
  • b. the other driver leaves the scene of the accident without exchanging names and addresses; or
  • c. the other driver appears to be affected drugs or alcohol.
• 37. In the event of an accident, you acknowledge that Carbar may insist that the Vehicle be moved to the nearest repairer to secure it.
• 38. You must continue to pay the Subscription Fee in accordance with clause 21 from the date of the Loss, Damage, Claim or theft of the Vehicle until the earlier of:
  • a. payment of the Excess (and Damage Liability Fee, if applicable) by you or an Approved Driver;
  • b. the completion of repairs if the Vehicle suffers Damage; or
  • c. replacement of the Vehicle if it is stolen or declared a total loss because it suffers Damage that cannot be repaired.
• 39. If the Vehicle is stolen or suffers Damage that is not capable of repair, provided that you have not committed a Major Breach of this Agreement, this Agreement will be terminated and, subject to the availability of a similar vehicle of your choosing, you will have the option of entering into a new agreement for another vehicle (which will be a continuous subscription for the purpose of any reduction in your Subscription Fee and entitlement to Carbar Loyalty Credit under clause 29).

Damage Cover

• 40. Subject to clauses41 to 43 (inclusive), Carbar will pay for Damage Cover for the Vehicle during the Subscription Period.
• 41. Damage Cover provided by Carbar for the Vehicle, whilst it is being operated by you or an Approved Driver, is subject to you and/or the relevant Approved Driver:
  • a. paying the applicable Excess (and Damage Liability Fee, if applicable) per incident;
  • b. complying with this Agreement;
  • c. not being covered under any other policy of insurance; and
  • d. providing all reasonable information and assistance as may be requested and, if necessary, authorising Carbar to bring, defend or settle legal proceedings, and you agree that Carbar shall at all times have sole conduct of any legal proceedings.
• 42. No Damage Cover is provided, nor is Carbar liable to the maximum extent permitted by law, and you are fully responsible and liable, for any Excluded Loss or any Claim, Loss or Damage resulting from:
  • a. a Major Breach of this Agreement by you (or the Approved Driver);
  • b. use of the Vehicle by any:
    • i. person who is not you or an Approved Driver;
    • ii. Approved Driver that holds an Australian learner driver licence and was not accompanied by a driver with a full Driver Licence (whether that driver is you or an Approved Driver); or
    • iii. Inexperienced Driver driving a Prohibited Vehicle;
  • c. any Prohibited Use;
  • d. any Business Use which Carbar has not consented to;
  • e. use of the Vehicle on any road or other surface which is not sealed other than a road under repair;
  • f. use of the Vehicle in any area or under any circumstances (including crossing a waterway or transporting a Vehicle across a waterway) where the Vehicle may or does become partially or totally immersed in water;
  • g. use of the Vehicle in a manner that causes:
    • i. underbody damage, being any damage to the Vehicle that is caused by or directly results from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction including curbs, gutters, speed or road humps, barriers or wheel stops; or
    • ii. overhead damage, being damage to the Vehicle caused by or resulting from an impact between the Vehicle at a point that is level with or above the top of the windscreen;
  • h. any circumstances where the Vehicle is refueled with fuel other than which is recommended by the Vehicle's manufacturer;
  • i. any circumstances where the Vehicle or its keys are unsecured;
  • j. use of the Vehicle:
    • i. in any area or region specified to you by Carbar as an area or region in which the Vehicle must not be used;
    • ii. without snow chains in any snow or other conditions where a reasonable person would use snow chains; or
    • iii. on any beach or in any other area exposed to saltwater;
  • k. any Claim for, or related to, death or personal injury;
  • l. any loss or damage to property that you or an Approved Driver owns or has in your or their control or possession;
  • m. any Loss of Use or use of a hire car or any substitute vehicle;
  • n. any liability of a passenger who was under the influence of any alcohol or drug when the incident happened;
  • o. any exemplary or punitive damages, fines or penalties claimed, ordered or awarded against you or any Approved Driver;
  • p. any liability under any contract, or if you or the Approved Driver have agreed to or accepted liability without Carbar's prior agreement unless you would have been liable irrespective of the terms of that contract;
  • q. fitting anything to the Vehicle incorrectly or not in accordance with the Vehicle manufacturer's recommendations;
  • r. any accident, breakdown or any other failure of a Vehicle, except to the extent caused by Carbar's breach of this Agreement (e.g. a failure to provide Roadside Assistance in accordance with clause 46 below); or
  • s. any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement.
• 43. You acknowledge and agree that, whilst the Subscription Fees include compulsory third party insurance, no death or personal accident cover is provided under the Damage Cover or otherwise by this Agreement. Your liability, and the Approved Driver's liability, for any Claim for, or related to, death or personal injury resulting from use of the Vehicle is covered by the statutory schemes for transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes). For details of the scope, conditions and limitations of this coverage, you should contact the relevant authority in the State or Territory in which the Vehicle is registered.
• 44. If the Damage Cover is denied for any reason after any Damage, Claim, theft or Loss is assessed by Carbar or its Insurer, you must pay the amount of any Damage Liability Fee beyond the Excess.
• 45. The Damage Liability Fee may be determined by Carbar or its Insurer (acting reasonably).

Roadside Assistance

• 46. Standard roadside assistance for the Vehicle is included in the Subscription Fee.

Termination and Repossession

• 47. Carbar, its agents, contractors or representatives may terminate this Agreement at any time if you commit a Major Breach of this Agreement by giving you notice in accordance with clause 70.
• 48. If this Agreement is terminated pursuant to clause 47, Carbar, its agents, contractors or representatives may arrange for Vehicle Return or repossess the Vehicle from you or the Approved Driver, and you will be liable for the cost of repossession, any Late Fees, and any costs to make good any Damage to the Vehicle on collection.
• 49. Notwithstanding clauses 47 and 48, Carbar, its agents, contractors or representatives may immediately terminate this Agreement and repossess the Vehicle without notice to you if:
  • a. you have illegally parked the Vehicle for longer than 24 hours;
  • b. you have illegally disconnected, damaged, or removed the GPS unit from the Vehicle;
  • c. you have committed a reckless breach of road or traffic legislation;
  • d. the Vehicle is apparently abandoned;
  • e. payments are in arrears for two consecutive Due Dates and are not received within 3 days of being demanded in writing by Carbar;
  • f. the Vehicle has not been returned to Carbar at the time, date and place agreed between you and Carbar (Return Appointment) and you have not provided Carbar with at least 3 hours’ notice to reschedule the Return Appointment; or
  • g. the Vehicle has not been returned to Carbar:
    • i. at a Return Appointment that had already been rescheduled twice; or
    • ii. within 7 days of the original Return Appointment;
    whichever is earlier, regardless of whether you have provided Carbar with notice that the Vehicle will not be returned at each Return Appointment.
• 50. You may terminate this Agreement for any reason by giving at least 14 days' notice in accordance with clause 70.
• 51. If you terminate this Agreement pursuant to clause 50 you must return the Vehicle on expiry of the notice period. If the Vehicle is not returned, Carbar, its agents, contractors or representatives may immediately repossess the Vehicle without further notice to you.
• 52. If Carbar, or any of its agents, contractors or representatives repossess the Vehicle in accordance with this Agreement, you agree to indemnify Carbar for the costs (including but not limited to any legal costs) incurred by Carbar and any of its agents, contractors or representatives in repossessing the Vehicle and/or recovering any payments in arrears from you (including towing costs).

Vehicle Return

• 53. Upon termination of the Subscription Period, you must:
  • a. immediately arrange for the return of the Vehicle to Carbar; and
  • b. return the Vehicle to Carbar at the Return Appointment with its keys or keyless start device and all parts and accessories, including manuals, audio equipment, GPS Unit, spare tyre, tools and wheel locking nuts,
    (Vehicle Return).
• 54. You acknowledge and agree that Carbar will not under any circumstances be liable to you or the Approved Driver for any personal belongings left in the Vehicle after Vehicle Return.
• 55. At the time of Vehicle Return:
  • a. the Vehicle must be in the same condition as at the start of the Subscription Period, save for Fair Wear and Tear;
  • b. the Vehicle must be cleaned;
  • c. the Vehicle must have a full tank of fuel; and
  • d. you must complete the Condition Report.
• 56. If you fail to sign the Condition Report at the time of Vehicle Return, you will forfeit the right to dispute any Claim for Damage allegedly caused during the Subscription Period.
• 57. If the Vehicle is not returned at the Return Appointment, and you do not provide Carbar with a minimum of 3 hours’ notice to reschedule the Return Appointment, Carbar may, in addition to its rights under clauses 49 and 52, report the Vehicle as stolen.
• 58. If the Vehicle is not returned to Carbar in the same condition as at the date of Vehicle Handover (excluding Fair Wear and Tear) due to Damage not covered by the Damage Cover, you are responsible for all costs associated with returning the Vehicle to that condition, including replacing any Vehicle accessories supplied to you at the date of Vehicle Handover.
• 59. If the Vehicle Is not returned with a full tank of fuel you will be charged the Refueling Service Fee per litre of fuel required to refill the tank in its entirety.
• 60. You agree that Carbar may debit any cost arising under clauses 58 and 59 from your Nominated Account.

Traffic Offences, Fines and Fees

• 61. You must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Subscription Period or any period outside the Subscription Period in relation to which you or the Approved Driver remain in possession of, or are responsible for, the Vehicle. You consent to Carbar automatically debiting any fines, penalties, infringements, tolls and costs referred to in this clause 61 from your Nominated Account without any notice to you.
• 62. You must notify Carbar in writing in accordance with clause 70 as soon as you become aware that a fine, penalty, traffic infringement or toll has been incurred by you or the Approved Driver. Upon receipt of a fine, penalty, traffic infringement or toll notice Carbar will complete the required documentation to absolve Carbar from liability and nominate you or the Approved Driver as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within seven (7) days of receipt of the notice.
• 63. If Carbar receives any further correspondence in relation to the fine, penalty, traffic infringement or toll notice assigned under clause 62, Carbar will charge a $27.50 administration fee for each further correspondence.
• 64. If you or the Approved Driver challenge any fine, penalty, infringement or toll notice, you do so at your own expense.

Transfer of Number Plates

• 65. If You want to, and are permitted by law to, display your Personal Number Plate on a Vehicle:
  • a. you agree to transfer your Personal Number Plate to Carbar for the duration of the Subscription Period;
  • b. you will complete the seller/transferor details section in the appropriate form for exchange/transfer of number plates issued by the relevant State/Territory authority, and return it to Carbar;
  • c. Carbar will transfer the Personal Number Plate to the Vehicle for the duration of the Subscription Period unless otherwise notified by you not to do so;
  • d. upon termination of the Subscription Period, and your compliance with clauses 53 and 55, Carbar will complete the seller / transferor details section in the appropriate form for exchange / transfer of number plates issued by the relevant State / Territory authority, and return it to you;
  • e. you agree that Carbar may debit any cost arising under this clause 65 from your Nominated Account; and
  • f. you agree Carbar may debit any cost arising from Damage to the Vehicle on changeover of Personal Number Plate.

Carbar Responsibility and Liability

• 66. Except as expressly set out in this Agreement, and to the full extent permitted by law, Carbar expressly disclaims any further warranties, conditions, or other terms, either express or implied by statute or otherwise.
• 67. Notwithstanding anything to the contrary in this Agreement, and to the full extent permitted by law, Carbar accepts no liability in respect of and shall not be responsible to you for:
  • a. death or personal injury;
  • b. any Damage to any property, or damage to or loss of any Vehicle, except to the extent such Damage or loss is caused by Carbar's breach of this Agreement;
  • c. any damage or loss of any belongings left in any Vehicle;
  • d. any fuel costs;
  • e. any incidental expenses;
  • f. any charges or fines mentioned in clause 64;
  • g. any theft or breakdown of any Vehicle, except to the extent caused by Carbar's breach of this Agreement; or
  • h. any liability to you under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:
    • i. loss or damage incurred by you in connection with any Claims made by a third party;
    • ii. loss of profit, goodwill, business opportunity or anticipated saving suffered by you; or
    • iii. any indirect or consequential loss or damage suffered by you.

No set-off

• 68.To the maximum extent allowed by law, you shall not be entitled to set off any amounts Carbar or any of its related entities owes you against amounts you owe under this Agreement. All payments you make under this Agreement shall be made without any counterclaim and free and clear of (and without any) deduction or withholding.

Assignment

• 69.You cannot assign this Agreement without Carbar's consent. Carbar may(without your prior consent) assign or transfer to any person or otherwise deal in any manner with any of its rights or interests under this Agreement in connection with any securitisation, secured financing or similar transaction.

Notices

• 70. Any notice to be given to Carbar or you shall be deemed to be given upon it being posted to the address, or sent by email to the email address of, the relevant party as set out in the Customer Application.

Proper law and jurisdiction

• 75. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. You and Carbar agree to submit to the non- exclusive jurisdiction of its Courts for all purposes of or in connection with this Agreement.

Privacy Act 1988 and GPS Units

• 72. Carbar takes all reasonable steps to ensure that your personal information, and the personal information of the Approved Drivers, is securely held and protected from misuse or unauthorised access.
• 73. Full details of how Carbar handles personal information can be found in the Carbar Privacy Policy (which can be viewed on the Website), and you authorise Carbar to collect, use and disclose personal information in accordance with the Carbar Privacy Policy and any other notifications we provide and consents you provide from time to time.
• 74. You authorise Carbar to collect, use and disclose information (including personal information) in respect to any credit it provides to you, including to a Credit Reporting Body. This includes personal information required to enable the Credit Reporting Body to provide Carbar with a consumer credit report to assist Carbar in assessing your credit worthiness, payment or default information, information about fraud or any other serious credit infringement, information about adverse court judgments or insolvency.
• 75. If you default in the payment of any monies owed to Carbar, you authorise Carbar to provide that information to a Credit Reporting Body and to obtain an up to date consumer credit report on you.
• 76. Carbar may fit a GPS Unit to the Vehicle and operate the GPS Unit to track the Vehicle during the Subscription Period. By agreeing to this Agreement or taking possession of the Vehicle, you authorise Carbar (and you warrant and represent that you have the consent of any Approved Driver for Carbar) to use the GPS Unit to track the Vehicle until it is returned to Carbar upon termination of this Agreement. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Vehicle (as this may result in termination of this Agreement pursuant to clause 49.b).

Carbar Connect App

• 77. If you or any Approved Driver download the Carbar Connect mobile application (App), you and the Approved Driver agree to use the App in accordance with the following terms and conditions, together with the Carbar Privacy Policy (which can be viewed on the Website) and the End-User Licence Agreement for Apple or Android (as applicable depending on the version of the App you use):
  • a. Subject to the terms of this Agreement, Carbar grants you (and any Approved Driver) a revocable, non-transferable, non‐exclusive, limited license to access and use the App for personal and non‐commercial purposes in accordance with this Agreement. Any use of the App for any purpose not expressly permitted (including resale, transfer, modification or distribution of the App or any element of the App other than in accordance with this Agreement) is strictly prohibited.
  • b. The App accesses and displays certain information about the Vehicle, based on data collected from the GPS Unit, including location and tracking, health and diagnostics, maintenance and service warnings and reminders, fuel level, fuel usage and economy, trip information, other statistical information relating to fuel consumption, emissions and distances travelled, and other personal information of you and/or the Approved Driver (App Data). App Data is also displayed in your Carbar account dashboard, and you consent to Carbar collecting, using and disclosing the App Data and your use of the App in accordance with the Carbar Privacy Policy.
  • c. The App may contain materials such as data, documents, information, advertisements, communications, messages and links from Carbar or third parties, including Carbar’s nominated Servicing Agent(s) and providers of special offers and deals (Content). The Content may be generated and tailored for you based on App Data, for example you may receive a message when the Vehicle is due for a routine service or maintenance. You acknowledge and agree that any Content and links to third-party websites may not be under Carbar’s control and does not constitute an endorsement by Carbar of those third-party web sites or any service or product offered. To the extent permitted by law, Carbar takes no responsibility for the Content (including its accuracy).
  • d. The App includes a call function for you to contact Carbar in the event of an accident. However, this functionality is not a replacement for calling 000 in the event of a serious crash or one that involves an injury, and you should not rely on this functionality in any way. In the event of such a crash, always dial 000 immediately.
  • e. To access and use the App, you and any Approved Driver:
    • i. will need to download and install the App and set up a profile (including entering your personal details);
    • ii. must keep your account details confidential, not provide your account details to any other person or allow any other person to access your account;
    • iii. must notify Carbar immediately in accordance with clause 70 if you become aware (or suspect) any breach of security or unauthorised use of your account; and
    • iv. may control how you interact with the App and certain App Data by changing settings that are made available to you (including Content and notifications), however this may limit your use of the App and certain App Data and prevent Carbar from providing you with the full functionality of the App.
  • f. You must not (nor allow any Approved Driver or third party on your behalf) engage in any of the following activities in connection with your access and use of the App:
    • i. copying, distributing, disclosing, modifying, adapting or reverse engineering any part of the App in any way or form;
    • ii. uploading invalid data, viruses, worms, or other software agents through the App, or otherwise interfering with the proper working of the App;
    • iii. transmitting spam, chain letters, or other unsolicited email using any part of the App;
    • iv. attempting to interfere with or decipher any transmissions to or from the servers running the App, or compromise the system integrity or security of any part of the App;
    • v. taking any action that imposes, or may impose, an unreasonable or disproportionately large load on Carbar’s IT infrastructure;
    • vi. carrying out any denial of service attack on Carbar’s servers, or otherwise using any automated system to access the Service in a manner that sends more request messages to Carbar’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
    • vii. collecting or harvesting any personally identifiable information, including account names, from the App;
    • viii. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    • ix. using the App for any commercial solicitation purposes unless previously agreed by us;
    • x. accessing any App Data or Content through any technology or means other than those provided or authorised by the App;
    • xi. bypassing the measures Carbar may use to prevent or restrict access to the App, including features that prevent or restrict use or copying of any App Data or Content or enforce limitations on use of the App, App Data or Content; and
    • xii. collecting, using or disclosing personal information of any other person in connection with your use of the App without obtaining that person’s prior express consent.
  • g. Without limiting clauses 66 and 67, to the maximum extent permitted by law:
    • i. Carbar makes no warranties or guarantees about the availability, reliability and accuracy of the App or any Data or Content provided through the App;
    • ii. Carbar will use commercially reasonable efforts to make the App available at all times, however Carbar will not be liable or responsible for any unavailability caused by circumstances beyond Carbar’s reasonable control, including failures, downtime or delays caused by an internet service provider, applications or software products provided by third parties that interoperate with the App, or denial of service attacks;
    • iii. you are responsible for all activities that occur using your account, and Carbar will not be liable for any loss or damage caused by any activities or use of the App using your account;
    • iv. your use of the App, and Carbar’s collection and use of App Data, does not replace the need for you to comply with the other terms of this Agreement, in particular immediately notifying Carbar of any issue under clause 18.e, and ensuring the Vehicle is maintained and serviced by Carbar or its nominated Servicing Agent;
    • v. the security mechanisms in the App have inherent limitations and that internet transmissions are never completely private or secure, and any data transmitted or received through or by the App may be read or intercepted by others; and
    • vi. Carbar is providing the App to you “as is” and use of the App is at your own risk, and in no event will Carbar be liable to you for any injury, expenses, or loss or damage whatsoever (whether direct or indirect) to you, other persons or property as a result of using the App, including any theft or corruption of personal information, the inability to use the App or the failure or malfunction of the App.
  • h. Carbar (or its third party licensor) remains the owner of the App at all times and controls or retains all right, title and interest in and to the App, including any and all intellectual property rights such as patents, inventions, trademarks and copyright in the works contained in the App, Data and Content, and any other software, design, images and text in the App (App IP). Nothing in this Agreement transfers the ownership of any App IP, and Carbar reserves all rights not expressly granted. This Agreement does not grant or imply any rights to any Carbar or third party trademarks, trade names, or logos. You must not exercise any of the exclusive rights of Carbar (or its third party licensor) as owner or controller of the App IP, and you agree that you will not challenge the validity of any App IP.
  • i. You grant us a royalty-free, worldwide, irrevocable and perpetual license to use and incorporate into the App any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the App.
  • j. You or an Approved Driver may cancel your use of the App at any time by deleting the App. Carbar may limit, suspend or terminate your and/or any Approved Driver’s use of the App (in whole or in part) by notifying you accordingly, if:
    • i. you or an Approved Driver breach this Agreement and (if that breach is capable of being remedied) fail to remedy that breach within 7 (seven) days;
    • ii. you or an Approved Driver act fraudulently or unlawfully in connection with your use of the App; or
    • iii. the security or integrity of the App is compromised in any way, it is not capable of being provided as reasonably anticipated due to any reason beyond Carbar’s control (including due to security or technical issues, unlawful or fraudulent activity), or the provision of the App is no longer permitted.
  • k. Carbar may change the features and functions (including the look and feel) of the App from time to time to make improvements to the App or as otherwise reasonably required (including to comply with applicable laws).

Title and Personal Property Securities Act

• 78. To the extent that a third party (not Carbar) holds title in the Vehicle:
  • a. you acknowledge that the third party has continued rights in respect of the Vehicle, including but not limited to ongoing ownership of the Vehicle and an ongoing Security Interest in the Vehicle; and
  • b. any rights that Carbar and/or you have in respect of the Vehicle (including possession) are subject to the rights held by that third party in the Vehicle).
• 79. To the extent that Carbar holds title in the Vehicle, it shall at all times remain the property of Carbar which shall be entitled to assign, mortgage, encumber or otherwise deal with the Vehicle subject to this Agreement.
• 80. The Vehicle shall be deemed to be in the possession of, or under your charge or control of from the time when the Vehicle is initially delivered to you until such time as the Vehicle are returned to Carbar in accordance with Agreement.
• 81. You hereby acknowledge that this Agreement constitutes a Security Agreement which creates a Security Interest in favour of Carbar in the Vehicle supplied by Carbar to you and all proceeds thereto under this Agreement.
• 82. If the Term of this Agreement is such that it falls under the definition of PPS Lease under section 13(1) of the PPSA, you acknowledge that a special type of Security Interest known as Purchase Money Security Interest is created.
• 83. You acknowledge and agree that by entering into this Agreement, you grant a Security Interest to Carbar and in the Vehicle. You additionally agree that Carbar can without notice to you seek registration of its Security Interest (either as a Purchase Money Security Interest if the lease is a PPS lease or otherwise as an ordinary Security Interest) on the PPSR.
• 84. You acknowledge, agree and undertake to:
  • a. sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up to date in all respects) which Carbar may reasonably require to enable perfection of its Security Interest or registration of a Financing Statement or Financing Change Statement on the PPSR;
  • b. not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the PPSA in respect of the Vehicle without the prior written consent of Carbar;
  • c. give Carbar not less than 14 days written notice in accordance with clause 70 of any proposed change in your details (including but not limited to, changes in your address, facsimile number, email address, trading name or business practice);
  • d. waive any rights that you may have had under section 115 of the PPSA upon enforcement;
  • e. Pursuant to section 157 of the PPSA, unless otherwise agreed in writing by Carbar, you agree to waive the right to receive the Verification Statement in respect of any Financing Statement or Financing Interest Statement relating to the Security Interest;
  • f. release and hold harmless Carbar from any liability whatsoever in the event of any dispute between Carbar and you as to whether any interest registered on the PPSR constitutes a valid Security Interest;
  • g. indemnify Carbar from any cost reasonably incurred by Carbar in amending or withdrawing any Security Interest registered by Carbar over the Vehicle provided to you, even if the Registration has occurred through error or mistake on behalf of Carbar; and
  • h. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a Security Interest arising in connection with this Agreement, the following provisions of the PPSA will not apply to the enforcement of this Agreement: section 95 (notice of removal of accession) to the extent it requires Carbar to give a notice to the Company; subsection 121(4) (enforcement of liquidated assets – notice to grantor); section 130 (notice of disposal), to the extent that it requires Carbar to give a notice to the Company); subsection 132(4) (statement of account if no disposal); section 135 (notice of retention); and 143 (reinstatement of security agreement).
  • 85. In this Agreement, the terms “Security Agreement”, “Security Interest”, “Purchase Money Security Interest”, “Registration”, “Personal Property Securities Register” (or “PPSR”), “PPS Lease”, “Proceeds”, “Financing Statement” and “Financing Change Statement” have the meanings given in the PPSA.

Changes to this Agreement

• 86. Carbar may, from time to time, change the terms of this Agreement to reflect any changes to the nature of Carbar’s business and the provision of Carbar Subscriptions and Vehicles, including changing the amount of any of the Excess, Late Fee and additional charges referred to in clauses 3.g, 6, 24.b and 63. Carbar will give you at least 4 weeks’ notice in accordance with clause 70 before such changes apply to you.

Definitions

• 87. In this Agreement, unless the context otherwise requires:
  • Additional Kilometre Charge has the meaning given in clause 25.
  • Agreement means the terms in this document, and any document described herein as forming part of the terms.
  • Approved Driver means a Named Driver, or any other driver who satisfies the requirements outlined in clause 7 and is authorised by you to drive the Vehicle, but excluding any driver on a P1 provisional licence or any other licence which is not a Driver Licence.
  • At-Fault Accident means an accident in relation to which you or the Approved Driver are legally responsible for the Damage, Loss and/or injury.
  • Business Use has the meaning given in clause 4.
  • Carbar Representative means an employee, agent, contractor, authorised third party representative or dealer partner of Carbar.
  • Carbar Subscription means the Carbar subscription service whereby customers receive a vehicle for the duration of the Subscription Period pursuant to the terms of this Agreement.
  • Claim means any claim, demand, action or proceeding.
  • Condition Report means the document (whether hardcopy or electronic) entitled ‘Condition Report’ provided by Carbar from time to time, which forms part of this Agreement.
  • Customer Application means the online application form completed in full by you which forms part of the terms of this Agreement.
  • Damage means:
    • i. any damage to the Vehicle including its parts, components and accessories, and including but not limited to, any damage caused by you, the Approved Driver, a third party, or damage from hail, flood, fire, storm, cyclone or other natural disasters.
    • ii. towing and salvage fees and assessing fees; and
    • iii. Loss of Use as a result of that damage or theft.
  • Damage Cover means the comprehensive insurance cover arranged by Carbar in relation any theft of or Damage to the Vehicle and any Claims made against you or an Approved Driver for any Loss (up to $10,000,000) to another person’s property arising out of your use of the Vehicle in accordance with the terms of this Agreement, but excludes cover for the matters specified in clause 42.
  • Damage Liability Fee means the fee to settle or remedy any Loss, Damage, theft or Claim, if the Damage Cover is denied for any reason after such Loss, Damage, theft or Claim is assessed by Carbar or its Insurer.
  • Driver Licence has the meaning given in clause 3.f.
  • Due Date has the meaning given in clause 21.b.
  • Excess means the amount of $1,500, unless any of the following applies in which case the amount of $3,000:
    • i. if the Vehicle has a market value of $60,000 or more, as indicated on the Customer Application;
    • ii. if the driver of the Vehicle at the relevant time:
      • a. is not a Named Driver;
      • b. does not hold a full Australian or international Driver Licence (for example, they only have a learner or P2 provisional licence or equivalent international driver’s licence);
      • c. is an Inexperienced Driver; or
      • d. has had 1 or 2 at-fault insurance claims (including any previous At-Fault Accident involving the Vehicle or any other vehicle under another subscription agreement with Carbar) in the 3 years prior to the relevant time; or
    • iii. if the Vehicle is being used for Business Use.
  • Excluded Loss means any excluded Loss or Damage specified in the Annexure to these terms.
  • Fair Wear and Tear means the degree of deterioration judged to be reasonable, taking into account the Vehicle's age and mileage and covering overall condition (from the mechanics and the electrics through to the bodywork and the upholstery), determined in accordance with the https://www.carbar.com.au website and the content, features and services offered through it.
  • You, you or your means the individual, firm or company that has completed the Customer Application, and agrees to the terms of this Agreement.

Annexure

There is no cover under the Damage Cover for any of the following:

Prohibited Uses

• 1) operation of the Vehicle outside Australia;
• 2) operation of the Vehicle by a driver who:
  • a) is not you or an Approved Driver;
  • b) is under the influence of any alcohol or drug;
  • c) does not hold a current Driver Licence (or has been disqualified or holds a cancelled or suspended Driver Licence); or
  • d) does not comply with all the terms and conditions of their Driver Licence;
• 3) operation of the Vehicle where:
  • a) the driver of the Vehicle or a passenger was being wilful or reckless;
  • b) the Vehicle or anything it was towing:
    • i. was in an unsafe condition;
    • ii. was being towed illegally; or
    • iii. exceeded the number of passengers or load limits recommended by the Vehicle’s manufacturer;
  • c) the Vehicle was being used:
    • i. for illegal purposes or in an illegal manner;
    • ii. to illegally carry or store explosives, flammable or combustible substances and liquids;
    • iii. or test in preparation for, racing, pace making, a reliability trial or a speed or hillclimbing test;
    • iv. as an experiment, test, trial or demonstration or to town some other vehicle in connection with the motor trade;
    • v. in a race, rally, trial, test or contest; or
    • vi. in a track day, drive day or similar organised event; or
  • d) the Vehicle:
    • i. is used for any delivery or collection services;
    • ii. is being used in the course of any business of carrying passengers or goods for hire or reward; or
    • iii. is in the possession of a person as part of the person’s stock in trade; and
• 4) leaving the Vehicle with a commercial dealer so they could sell it.

Excluded Loss

• 5) Loss or damage or liability from an intentional act by you, an Approved Driver, or any person acting with the express or implied consent of you or an Approved Driver;
• 6) Loss or Damage if the Vehicle:
  • a) was not in good order or repair because of any:
    • i. unrepaired damage; or
    • ii. rust, mechanical or other damage that made the Vehicle unsafe to drive; or
  • b) was not in a condition that met the registration requirements in your State or Territory;
• 7) the cost to fix previous damage – for example, old hail damage that has not been repaired;
• 8) Loss or Damage caused by or arising from previous damage;
• 9) the cost to fix faulty:
  • a) design or workmanship; or
  • b) repairs by you, an Approved Driver or someone else not authorized by Carbar;
• 10) Loss or Damage caused by or arising from faulty:
  • a) design or workmanship; or
  • b) repairs by you, an Approved Driver or someone else not authorized by Carbar;
• 11) Loss or Damage caused by or arising from:
  • a) not taking reasonable care to secure the Vehicle; or
  • b) leaving the Vehicle in an unsafe location after it:
    • i. broke down;
    • ii. suffered accidental damage; or
    • iii. was stolen and then found;
• 12) Loss or Damage caused by or arising from, or a liability as a result of:
  • a) the Vehicle being legally seized, impounded, sold or destroyed;
  • b) war or warlike activities;
  • c) any hostilities, rebellion, riot, civil commotion, war or act of terrorism;
  • d) any nuclear, radioactive, biological or chemical material; or
  • e) pollutants or contaminants that discharge or escape from the Vehicle; and
• 13) any Claim by or on behalf of the owner of the Vehicle.