Subscription Terms

3. You acknowledge and agree that applicable Fees and Charges paid by you are non-refundable other than as provided for in clause 9 (Approval of Customer Application), or as otherwise expressly set out in the Agreement, or where otherwise required by law (which may include an entitlement to a refund where we have breached our obligations under the Australian Consumer Law).

4. To complete the Customer Application, you must:
   1. provide 100 points of identification;
   2. provide evidence of your current residential address;
   3. provide your bank statement or other proof of income (e.g. letter of employment);
   4. 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)
      ;
   5. for any State/Territory where toll roads exist, provide evidence of your existing LINKT account (if you don't have one, a nomination fee (as specified in the Fees and Charges ) will be payable for each toll invoice that we receive from a toll provider); and
   6. pay the Upfront Fee.
5. Without limiting your obligations in clause 4 above, when completing the Customer Application, you must tell us if you intend to use the Car for any commercial purpose
   (Business Use)
   . Where you use the Car for a Business Use, you acknowledge and agree that you will incur an increased Excess.
6. You agree to us performing all relevant affordability and driver history checks we deem reasonably necessary for us to approve the Customer Application. Unless you have notified us of any of the following and we have waived the requirement to comply with any of the following in writing, you warrant and represent throughout the Subscription Period that you and all Approved Drivers have not:
   1. had a Driver Licence cancelled or suspended in the last two (2) years;
   2. had three (3) or more at-fault insurance claims (including any previous At-Fault Accident) involving the Car or any other vehicle under another subscription agreement with us in the last three (3) years;
   3. had any insurance refused, cancelled or avoided, insurance renewal not offered, special conditions imposed or claims refused in the last five (5) years;
   4. 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;
   5. provided any false or misleading information in relation to your Customer Application, including in relation to driving experience and insurance history; and/or
   6. been the subject of bankruptcy proceedings in the last seven (7) years.
7. You acknowledge and agree that we may refuse to approve the Customer Application for any reason (including where Damage Cover is denied by the Insurer), and we are not required to provide reasons for non-approval of the Customer Application.
8. If the Customer Application is not approved, we will refund (if applicable), the Upfront Fee using the method you used to pay those fees.
9. You agree that you are not entitled to any amounts of interest accrued while applicable Fees and Charges paid by you are held by us (and that these amounts are owned by us), whether or not the Customer Application is approved or refunded to you for any reason.
10. We will use our best endeavours to notify you within fourteen (14) business days from the date on which you submit your Customer Application whether the Customer Application has been approved and, if it is approved, we will notify you of the location from which the Car may be picked up by you.

11. Subject to our approval of your Customer Application, we will notify you of the location and time for picking up the Car
    (Car Handover)
    . If you wish to pick up the Car from a different location, we may agree at our discretion and charge a reasonable delivery fee notified to you and agreed by you before Car Handover.
12. At Car Handover, you must present your Driver Licence and complete the Condition Report with Our Representative. You authorise us to disclose your details (including personal information) to Our Representative (including a third party dealer partner) in order to fulfil Car Handover.
13. If you fail to sign the Condition Report at the time of Car Handover, you will not be permitted to collect or take possession of the Car.
14. If you are permitted to display a Personal Number Plate on the Car and we consent, in our sole discretion, to you doing so under clause 67 (Transfer of Number Plates), you must bring your Personal Number Plate to the Car Handover for the Our Representative to affix to the Car and otherwise comply with the requirements of clause 66 (Transfer of Number Plates).

15. During the Subscription Period:
1. the Car must only be driven by you and/or an Approved Driver (if applicable) noted on the Customer Application or subsequently requested and approved in writing by us;
2. you and any Approved Driver must:
1. hold a valid Driver Licence;
2. be aged between twenty-one (21) years and eighty-five (85) years of age; and
3. be licensed to drive the Car in the State or Territory in which the Car will be used;
3. An Approved Driver Fee may apply to nominate an Approved Driver depending on your Subscription Inclusions and Subscription Exclusions;
4. you must ensure that any Approved Driver is aware of and complies with the terms of the Agreement; and
5. you are responsible and liable for the acts and omissions of any Approved Driver in connection with the Agreement.
16. During the Subscription Period you must ensure that:
1. you obtain our consent prior to use the Car for a Business Use and that you provide us with a minimum of seven (7) days prior written notice in accordance with clause 86 (Notices) if you want to use the Car for a Business Use. We reserve the right not to consent to the use of the Car for a Business Use (in which case you must not use the Car for a Business Use) or to provide consent subject to certain conditions (including those referred to in clause 5 (Approval of Customer Application));
2. the Car is not used for any Prohibited Use (as set out in the Annexure to the Agreement);
3. appropriate care is taken when operating the Car and it is only used for its intended purpose;
4. there is no smoking in the Car;
5. the Car is not modified in any way, irrespective of whether the modifications are reversible or permanent;
6. the GPS Unit located within the Car is not removed, tampered with or modified;
7. the Car is not used to jump start any other vehicle; and
8. the Car (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 Car or registers or attempts to register any interest in the Car under the Personal Property Securities Act 2009 (Cth).
17. During the Subscription Period, you must:
1. pay for any Subscription Exclusions;
2. ensure that the Car is locked when not in use;
3. use the correct fuel type when refuelling the Car;
4. make the Car available at our nominated Servicing Agent for periodic servicing as and when the service intervals fall due;
5. complete any owner checks that are set out in the vehicle manufacturer’s owners book (including checking of oil level, tyre pressure etc); and
6. as soon as reasonably practicable inform us if you or any Approved Driver become aware of:
1. a warning light or fault message appearing;
2. low engine or brake oils, engine coolant levels or tyre pressures; or
3. the Car developing any fault during the Subscription Period.
18. In any of the circumstances set out in clause 18.f above arise, you must cease using the Car and not perform any repairs. IF YOU DO NOT COMPLY WITH CLAUSE 18.f ABOVE, YOU AND ANY APPROVED DRIVER MAY BE HELD JOINTLY AND SEVERALLY LIABLE FOR ANY DAMAGE, CLAIM OR LOSS WHICH RESULTS FROM YOUR FAILURE TO NOTIFY US OF THE RELEVANT CIRCUMSTANCES.
19. You must as soon as practicable report any Claim, Loss or Damage in relation to the Car to us and promptly deliver to us each relevant summons, complaint, document or paper in relation to the Claim, Loss or Damage.

20. WE MAY, FROM TIME TO TIME, CHANGE THE TERMS OF THE AGREEMENT, INCLUDING THE AMOUNTS OF ANY FEES SUCH AS THE SUBSCRIPTION FEE OR OTHER FEES AND CHARGES. Where we change any of the Fees and Charges or other terms of the Agreement, we will give you at least prior notice of at least the Change Notice Period before such changes apply to you. If our change to the terms of this Agreement or any Fees or Charges result in a material detrimental impact [(including any increase to the Subscription Fee)] on you and you do not agree to those changes, you may terminate your Subscription by giving at least fourteen (14) days' notice before the expiry of the Change Notice Period[ and we will provide you with a pro-rata refund for any pre-paid Subscription Fee for services not provided]. If you do not terminate your Subscription prior to the expiry of the Change Notice Period the new terms or Fees and Charges will apply to you after the Change Notice Period. You may still exercise your right to terminate at any time in under clause 52 (Termination by you for no reason)[ but you may not be eligible for any refund as set out in this clause 21].

21. You agree to pay the applicable Fees and Charges in accordance with the payment terms described for the relevant Fees and Changes as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
22. All amounts payable under the Agreement are inclusive of GST (unless otherwise specified), and if your Nominated Account is a credit card or debit card then we may charge you any processing surcharge we incur in processing your payment as set out in the Fees and Charges.
23. You consent to us debiting from your Nominated Account all applicable Fees and Charges and any other amounts payable by you (as expressly set out under the Agreement) pursuant to the terms of the Agreement and notified to you, when such Fees and Charges and other amounts become due and payable.
24. If, for any reason, we are unable to debit your Nominated Account for any Fees and Charges and/or any other amounts payable by you as expressly set out under the Agreement, we will notify you and in addition to our other rights under the Agreement including clause 49 (Termination and Repossession), we may in each case:
1. make three (3) further attempts to debit your Nominated Account (without any further notification), with each attempt being made at least 24 hours after the previous attempt;
2. contact you via the phone or email contact details nominated by you;
3. charge you a Late Fee on written notice to you;
4. request immediate payment of any Late Fee and any applicable outstanding amounts;
5. engage debt collection agencies to recover any outstanding amounts, at your cost where such outstanding amounts have been in arrears for eighteen (18) days or more; and/or
6. where any outstanding amounts have been in arrears for twenty (20) days or more, terminate the Agreement effective immediately on written notice to you and repossess (or have our agents, contractors or representatives repossess) the Car.

25. If applicable, you may be eligible for a Continuous Subscription Reward as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).

26. You are eligible to receive the benefit of a Price Match Guarantee for a Car if you have not had a subscription with us within the 12 months prior to your Customer Application.
27. Under a Price Match Guarantee, we will ensure our Subscription Fee matches a competitor's subscription fee if:
    1. you find a competitor’s lower subscription fee (including GST and delivery charges) for the same vehicle make, model, grade/variant and year as the Car and for the same Subscription Period
    2. the competitor is a company offering the vehicle in Australia under a subscription service equivalent to our subscription service, which covers all vehicle-associated costs including vehicle price, insurance, registration, roadside assistance, servicing and maintenance; and
    3. the competitor’s vehicle is available in stock, and the equivalent Car is available in our physical stock (which excludes virtual or dealer-advertised inventory) (Price Match Guarantee).
28. The Price Match Guarantee excludes:
    1. a competitor’s subscription fee for stock liquidations, or trade, commercial or fleet customers; or
    2. a competitor’s advertising or pricing errors
29. To claim the Price Match Guarantee, you must send an email to the Email Address for Notice of Price Match Guarantee before we approve your Customer Application, with evidence of the competitor’s lower subscription fee (including GST and delivery charges) and the vehicle make, model, grade/variant and year, which may include timestamped screenshots and/or relevant links to the competitor’s website. We will confirm in writing whether you have successfully claimed the Price Match Guarantee on the Car you have selected.
30. We may remove or modify the Price Match Guarantee at any time without notice.

31. If your Customer Application for a Subscription subject to a Minimum Subscription Period is approved by us, your Upfront Fee and/or Subscription Fee payable may be reduced as specified in the terms of a Minimum Subscription Period offer presented to you when you submit your Customer Application in exchange for you agreeing to the Minimum Subscription Period and terms of the relevant offer.
32. Nothing in this clause 32 affects your rights to terminate in accordance with clauses 21 (Changes to the Agreement) or termination under clause 37 (Car Recall Events) or clause 42 (Accidents, Damage and other incidents) or if applicable, for breach of a consumer guarantee under the Australian Consumer Law. You acknowledge and agree that you will not be able to terminate your Subscription prior to the expiry of the Minimum Subscription Period under clause 52 (Termination for you for no reason) or swap or return the Car during the Minimum Subscription Period due to a change of mind. If you wish to do so, we will consider your request on a case by case basis and, if we agree to your request, you acknowledge that you will be required to pay an amount to cover the loss suffered by carbar.
33. You can terminate the Agreement at the end of the Minimum Subscription Period by giving us prior notice of the Minimum Subscription Termination Notice Period before the end of the Minimum Subscription Period. If you do not give such notice, your Subscription will continue, and you continue to be charged the Subscription Fees after the Minimum Subscription Period expires until your Subscription is terminated in accordance with this Agreement.

34. Upon providing reasonable notice to you, we may require you to return the Car to us in the following circumstances:
    1. the Car is owned by a third party, and the agreement between us and the third party for our use of the Car, including for your Subscription, has expired or been terminated;
    2. the Car has a maintenance issue or otherwise requires significant cost to repair; or
    3. the Car is of such an age, or has been driven such a distance, that reasonably requires the replacement of the Car from a quality, reliability, safety or other customer service standpoint,
       
       (each a
       Recall Event).
35. We may otherwise recall a Car for any reason (in our sole discretion) by providing you with at least sixty (60) days' notice (also a
    Recall Event).
36. If there is a Recall Event:
    1. we, our agents, contractors or representatives will provide you notice of the Recall Event in accordance with clause 86 (Notices);
    2. you must return the Car by the date notified to you by us. If the Car is not returned, we, our agents, contractors or representatives may immediately repossess the Car without further notice to you; and
    3. we will use our best endeavours to provide you with an alternative Car if you would like one, or otherwise, the Agreement will be taken to have been terminated, and clauses 55 to 62 (inclusive)(Car Return) will apply and we will provide a pro-rata refund for any pre-paid Subscription Fee for services not provided.

37. If any Damage, Claim, theft of the Car or Loss occurs during the Subscription Period or results from your use of the Car, you must:
1. as soon as reasonably practicable notify us in writing by emailing the Email Address for Notice of Damage, Accident or Theft with details of the accident, damage, theft or loss;
2. follow the Instructions for Breakdown and Accidents and any other reasonable instructions given by us; and
3. pay the Excess. We will apply the Excess to any amount payable by us, you or any Approved Driver under the Damage Cover, and will reimburse to you as soon as reasonably practicable the portion of the Excess (if any) that is not payable by us, you or any Approved Driver under the Damage Cover.
4. Cooperate fully with Carbar, the insurer, and any relevant authorities (including police) in relation to any Claim, Loss, Accident, or Damage to the Vehicle. Failure to do so may constitute a major breach of this Agreement.
38. You and the Approved Driver must report all accidents to the police if:
    1. any person is injured;
    2. the other driver leaves the scene of the accident without exchanging names and addresses;
    3. the other driver appears to be affected drugs or alcohol; or
    4. any other event occurs that is unlawful.
39. In the event of an accident, you acknowledge and agree that you will move or procure, including using roadside assistance if required, that the Car is moved to the nearest repairer to secure it.
40. You must continue to pay the Subscription Fee in accordance with clause 22 (Payment terms) from the date of the Loss, Damage, Claim or theft of the Car until the earlier of:
    1. payment of the Excess (and Damage Liability Fee, if applicable) by you or an Approved Driver;
    2. the completion of repairs if the Car suffers Damage; or
    3. replacement of the Car if it is stolen or declared a total loss because it suffers Damage that cannot be repaired.
    If the Loss, Damage, Claim or theft of the Car occurred due to reasons outside of your control, we will provide you with an alternative Car or suspend the Subscription Fee until the earlier of the circumstances in paragraphs a to c above occur.
41. If the Car is stolen or suffers Damage that is not capable of repair the Agreement will be terminated. If the Car is stolen or suffers Damage that is not capable of repair due to your Major Breach of the Agreement the Agreement will be terminated.
42. You authorise us to process the payment of any Excess or Damage Liability Fee payable by you under the Agreement, where we have provided you with prior notice that the Excess or Damage Liability Fee will be payable, using the payment method you have provided to us.

43. Subject to clauses 44 45 below to 46 (Your Liability) 45 (inclusive), we will pay for Damage Cover for the Car during the Subscription Period.
44. Damage Cover held by us for the Car, whilst it is being operated by you or an Approved Driver or otherwise during the Subscription Period, is conditional on you and/or the relevant Approved Driver:
    1. complying with the Agreement;
    2. not being covered under any other policy of insurance; and
    3. providing all reasonable information and assistance as may be requested and, authorising us to bring, defend or settle legal proceedings (including on your behalf), and you agreeing that we shall at all times have sole conduct of any legal proceedings.

45. WE ARE NOT LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW INCLUDING THE AUSTRALIAN CONSUMER LAW, AND YOU ARE FULLY RESPONSIBLE AND LIABLE, AND AGREE TO COMPENSATE US FOR ANY CLAIM, LOSS OR DAMAGE RESULTING FROM:
    1. USE OF THE CAR BY ANY:
       1. PERSON WHO IS NOT YOU OR AN APPROVED DRIVER; OR
       2. 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);
    2. USE OF THE VEHICLE IN AN UNSAFE, NEGLIGENT OR RECKLESS MANNER;
    3. DAMAGE TO THE TYRES CAUSED BY EXCESSIVE APPLICATION OF BRAKES OR BY DRIVING THROUGH POTHOLES;
    4. DAMAGE TO THE VEHICLE CAUSED BY IMPACT, EXCESSIVE FORCE, NEGLIGENCE, OR FAILURE TO FOLLOW REASONABLE CARE, INCLUDING BUT NOT LIMITED TO TYRES, WINDSCREENS, WINDOWS, AND MIRRORS;
    5. YOUR BREACH OF ANY LAW OR REGULATION;
    6. ANY BUSINESS USE WHICH WE HAVE NOT CONSENTED TO;
    7. USE OF THE CAR ON ANY NON-GAZETTED ROAD, OR ANY OTHER ROAD OR OTHER SURFACE WHICH IS NOT SEALED OTHER THAN A ROAD UNDER REPAIR;
    8. USE OF THE CAR IN ANY AREA OR UNDER ANY CIRCUMSTANCES (INCLUDING CROSSING A WATERWAY OR TRANSPORTING A CAR ACROSS A WATERWAY) WHERE THE CAR MAY OR DOES BECOME PARTIALLY OR TOTALLY IMMERSED IN WATER;
    9. USE OF THE CAR IN A MANNER THAT CAUSES:
    1. UNDERBODY DAMAGE, BEING ANY DAMAGE TO THE CAR THAT IS CAUSED BY OR DIRECTLY RESULTS FROM CONTACT BETWEEN THE UNDERSIDE OF THE CAR AND ANY PART OF THE ROADWAY OR ANY OBJECT OR OBSTRUCTION INCLUDING CURBS, GUTTERS, SPEED OR ROAD HUMPS, BARRIERS OR WHEEL STOPS; OR
    2. OVERHEAD DAMAGE, BEING DAMAGE TO THE CAR CAUSED BY OR RESULTING FROM AN IMPACT BETWEEN THE CAR AT A POINT THAT IS LEVEL WITH OR ABOVE THE TOP OF THE WINDSCREEN;
    10. ANY CIRCUMSTANCES WHERE THE CAR IS REFUELLED WITH FUEL OTHER THAN WHICH IS RECOMMENDED BY THE CAR'S MANUFACTURER;
    11. ANY CIRCUMSTANCES WHERE THE CAR OR ITS KEYS ARE UNSECURED;
    12. ANY INTENTIONAL LOSS OR DAMAGE CAUSED BY YOU OR AN APPROVED DRIVER;
    13. USE OF THE CAR:
    1. IN ANY AREA OR REGION SPECIFIED TO YOU BY US AS AN AREA OR REGION IN WHICH THE CAR MUST NOT BE USED;
    2. WITHOUT SNOW CHAINS IN ANY SNOW OR OTHER CONDITIONS WHERE A REASONABLE PERSON WOULD USE SNOW CHAINS; OR
    3. ON ANY BEACH OR IN ANY OTHER AREA EXPOSED TO SALTWATER;
    14. ANY CLAIM FOR, OR RELATED TO, DEATH OR PERSONAL INJURY EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR BREACH OF THIS AGREEMENT;
    15. ANY LIABILITY OF A PASSENGER WHO WAS UNDER THE INFLUENCE OF ANY ALCOHOL OR DRUG WHEN THE INCIDENT HAPPENED;
    16. ANY EXEMPLARY OR PUNITIVE DAMAGES, FINES OR PENALTIES CLAIMED, ORDERED OR AWARDED AGAINST YOU OR ANY APPROVED DRIVER;
    17. FITTING ANYTHING TO THE CAR INCORRECTLY OR NOT IN ACCORDANCE WITH THE CAR MANUFACTURER'S RECOMMENDATIONS;
    18. YOUR FAILURE TO NOTIFY US OF ANY APPARENT DAMAGE OR DEFECT WITH THE VEHICLE;
    19. ANY REPAIRS CARRIED OUT BY SOMEONE NOT AUTHORISED BY US; OR
    20. ANY ACCIDENT, EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR BREACH OF THIS AGREEMENT (E.G. A FAILURE TO PROVIDE ROADSIDE ASSISTANCE IF INCLUDED IN THE SUBSCRIPTION INCLUSIONS).
    21. ANY FUEL COSTS;
    YOU WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE TO THE EXTENT ARISING FROM OUR ACT OR OMISSION.

46. You acknowledge and agree that, whilst the Subscription Fees include compulsory third party insurance for the Car, no death or personal accident cover is available under the Damage Cover or otherwise under the 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 Car 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 Car is registered.

47. If the Damage Cover is denied for any reason (excluding due to our negligence or breach of this Agreement) after any Damage, Claim, theft or Loss is assessed by our Insurer, you must pay the amount of any Damage Liability Fee which is not covered by the Excess paid.
    The Damage Liability Fee may be determined by us or our Insurer (acting reasonably).

48. We, our agents, contractors or representatives may terminate the Agreement at any time if you commit a Major Breach of the Agreement by giving you notice in accordance with clause 86 (Notices).
49. If the Agreement is terminated for your Major Breach pursuant to clause 48 above, we, our agents, contractors or representatives may arrange for Car Return or repossess the Car from you or an Approved Driver, and you will be liable for the cost of repossession, any applicable Fees and Charges including Late Fees, and any reasonable costs to make good any Loss or Damage to the Car on collection .
50. In addition to our rights under clauses 49 and 50 above, we, our agents, contractors or representatives may immediately terminate the Agreement and repossess the Car by providing written notice if:
    1. you have illegally parked the Car for longer than 24 hours;
    2. you have illegally disconnected, damaged, or removed the GPS unit from the Car;
    3. you have committed a serious breach of road or traffic legislation or you have committed repeated breaches of road or traffic legislation;
    4. the Car appears (using our reasonable judgement) to be abandoned;
    5. the Car has not been returned to us at the time, date and place agreed between you and us
       (Return Appointment)
       and you have not provided us with at least three (3) hours' notice to reschedule the Return Appointment or, if delay is caused by reasons beyond your control arising less than three (3) hours before the time of the Return Appointment that could not be have been reasonably foreseen by you, prompt notice to reschedule the Return Appointment; or
    6. the Car has not been returned to us:
       1. at a Return Appointment that had already been rescheduled twice; or
       2. within seven (7) days of the original Return Appointment,
       whichever is earlier, regardless of whether you have provided us with notice that the Car will not be returned at each Return Appointment.

51. Unless your Subscription is subject to a Minimum Subscription Period which has not expired, you may terminate the Agreement for any reason by giving notice to us of at least the Termination Notice Period. Your termination will be effective as of [the end of the current billing cycle (i.e. the end of the period for which you have paid the Subscription Fee)/the expiry to Termination Notice Period].

52. If you terminate the Agreement, you must return the Car in accordance with clauses 55 to 62 (inclusive)(Car Return).
53. If the Car is not returned in accordance with clauses 55 to 62 (inclusive)(Car Return), we, our agents, contractors or representatives may immediately repossess the Car without further notice to you. You will continue to be charged the Subscription Fee until the Car is returned in accordance with this Agreement.

54. Upon termination of the Agreement, you must:
    1. immediately arrange for the return of the Car to us in accordance with our instructions; and
    2. return the Car to us 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,
       
       
       (Car Return)
55. You acknowledge and agree that we will not under any circumstances be liable to you or the Approved Driver for any personal belongings left in the Car after Car Return.

56. At the time of Car Return, you must ensure that:
    1. the Car is in the same condition as at the start of the Subscription Period, save for Fair Wear and Tear;
    2. the Car is cleaned and reasonably tidy;
    3. Car has a full tank of fuel (or full charge for electric cars); and
    4. the Condition Report is completed and returned to us.
57. If you fail to sign the Condition Report at the time of Car Return, you acknowledge and agree that failing to sign the Condition Report may make it difficult for you to dispute any Claim for Damage allegedly caused during the Subscription Period due to a lack of evidence.
58. If the Car is not returned at the Return Appointment, and you do not provide us with prior notice to reschedule the Return Appointment in accordance with clause 51d (Termination and Repossession) above, we may, in addition to our rights under clauses 50 and 51 (Termination and Repossession), report the Car as stolen.
59. If the Car is not returned to us in the same condition as at the date of Car Handover including as recorded in the Condition Report signed by you at the time of Car Handover (excluding Fair Wear and Tear) due to Damage not covered by the Damage Cover, you acknowledge and agree that you are responsible for all costs associated with returning the Car to that condition, including replacing any Car accessories supplied to you at the date of Car Handover.
60. If the Car is not returned with a full tank of fuel you must pay to us the Refuelling/Recharging Service Fee per litre of fuel required to refill the tank of the Car in its entirety.
61. You agree that we may debit any cost arising under clauses 60 and 61 above from your Nominated Account after providing you with written notice.

62. You must pay all fines, penalties, traffic infringements, and tolls incurred during the Subscription Period, or during any period outside the Subscription Period in which you or an Approved Driver remain in possession of, or are responsible for, the Car, where such costs have been incurred by Carbar. Before debiting any such amounts from your Nominated Account, Carbar will provide you with prior notice of the charge, together with reasonable details of the fine, penalty, infringement, or toll. You will have an opportunity to dispute the charge within the time period specified in the notice. If no dispute is raised within that period, you consent to Carbar automatically debiting the amount from your Nominated Account
63. You must notify us in writing in accordance with clause 86 (Notices) 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, we will complete the required documentation to absolve ourselves from liability and nominate you or the relevant 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.
64. If we receive any further correspondence in relation to the fine, penalty, traffic infringement or toll notice assigned under clause 64 above, we may charge an administration fee as specified in the Fees and Charges for each further correspondence.
65. If you or the Approved Driver challenge any fine, penalty, infringement or toll notice, you are responsible for all costs associated with doing so.

66. If You want to, and are permitted by law to, display your Personal Number Plate on a Car, then you may seek our permission to do so by asking us in writing. We may accept or refuse your request at our sole discretion. Without limiting our discretion, there are instances where displaying your Personal Number Plate on a Car is not permissible (including where our arrangements with the supplier of the Car prohibit the swapping of Personal Number Plates onto the Car).
67. Where we give our permission for you to display your Personal Number Plate on a Car:
    1. you agree to transfer ownership of your Personal Number Plate to us for the duration of the Subscription Period;
    2. 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 us;
    3. we will affix your Personal Number Plate on the Car to be displayed for the duration of the Subscription Period unless otherwise notified by you not to do so;
    4. upon termination of the Agreement, and subject to your compliance with clauses 55 to 62 (inclusive)(Car Return), we 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 the Personal Number Plate it to you;
    5. you agree that we may debit any cost approved by you before we incur such cost arising under this clause 68 and notified to you from your Nominated Account; and You are responsible for the applicable Fees and Charges relating to changeover of number plates.
    6. you agree we may debit any cost arising from Damage to the Car on changeover of Personal Number Plate.

68. Our goods and services come with consumer guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law. For more information about your consumer rights, including consumer guarantees, please see the Australian Competition and Consumer Commissioner's
    (ACCC)
    information page at: https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees or such other webpage as published by the ACCC.
69. EXCEPT AS EXPRESSLY SET OUT IN THE AGREEMENT, AND TO THE FULL EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR OTHER TERMS, EITHER EXPRESS OR IMPLIED. NOTHING IN THE AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
70. TO THE FULL EXTENT PERMITTED BY LAW AND EXCEPT THAT NOTHING IN THE AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED, WE ACCEPT NO LIABILITY IN RESPECT OF AND SHALL NOT BE RESPONSIBLE TO YOU FOR:
    1. DEATH OR PERSONAL INJURY, EXCEPT TO THE EXTENT THE SAME IS CAUSED BY OUR NEGLIGENCE OR BREACH OF THE AGREEMENT;
    2. ANY DAMAGE OR LOSS ARISING FROM YOUR MISREPRESENTATION OR FRAUDULENT CLAIM, OR FROM CARBAR’S MISREPRESENTATION OR FRAUDULENT CLAIM.
    3. ANY DAMAGE TO ANY PROPERTY, OR DAMAGE TO OR LOSS OF ANY CAR, EXCEPT TO THE EXTENT SUCH DAMAGE OR LOSS IS CAUSED BY OUR NEGLIGENCE OR BREACH OF THE AGREEMENT;
    4. ANY DAMAGE TO, OR LOSS OF, ANY BELONGINGS LEFT IN ANY CAR;
    5. ANY INCIDENTAL EXPENSES (INCLUDING, BUT NOT LIMITED TO, COSTS OF FUEL, PARKING, TOLLS, CAR WASHING, REPLACEMENT KEYS, AND CALL-OUT CHARGES ARISING FROM DRIVER ERROR) INCURRED DURING THE SUBSCRIPTION PERIOD.
    6. ANY CHARGES OR FINES MENTIONED IN CLAUSE 63 (TRAFFIC OFFENCES, FINES AND FEES);
    7. ANY LOSS OR DAMAGE INCURRED BY YOU OR AN ADDITIONAL DRIVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF A HIRE CAR OR ANY SUBSTITUTE VEHICLE, EXCEPT TO THE EXTENT SUCH LOSS OR DAMAGE IS CAUSED BY CARBAR’S NEGLIGENCE OR BREACH OF THIS AGREEMENT. CUSTOMER WILL BE LIABLE FOR ANY LOSS OR DAMAGE TO CARBAR’S VEHICLE ARISING FROM THE CUSTOMER’S OR ADDITIONAL DRIVER’S ACTIONS TO THE EXTENT REASONABLY NECESSARY TO PROTECT CARBAR’S LEGITIMATE INTERESTS, INCLUDING LOSS OF USE OR LOSS OF INCOME ARISING FROM SUCH DAMAGE.
    8. ANY LIABILITY UNDER ANY CONTRACT, OR IF YOU OR AN APPROVED DRIVER HAVE AGREED TO OR ACCEPTED LIABILITY WITHOUT OUR PRIOR AGREEMENT, UNLESS YOU OR CARBAR WOULD HAVE BEEN LIABLE IRRESPECTIVE OF THE TERMS OF THAT CONTRACT.
    9. ANY THEFT OR BREAKDOWN OF ANY CAR, EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR BREACH OF THE AGREEMENT; OR
    10. ANY LIABILITY TO YOU UNDER OR IN CONNECTION WITH THE AGREEMENT WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, FOR:
        1. LOSS INCURRED BY YOU IN CONNECTION WITH ANY CLAIMS MADE BY A THIRD PARTY EXCEPT TO THE EXTENT THE SAME IS CAUSED BY OUR NEGLIGENCE OR BREACH OF THE AGREEMENT;
        2. LOSS OF PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVING SUFFERED BY YOU; OR
        3. ANY INDIRECT OR CONSEQUENTIAL LOSS SUFFERED BY YOU.

71. You must obtain the consent of an Approved Driver before providing their personal information to us for use in accordance with the Agreement and the Privacy Policy.
72. Information about how we handle personal information can be found in the Privacy Policy, and you authorise us to collect, use and disclose personal information in accordance with the Privacy Policy and any other notifications we provide and consents you provide to us from time to time.

73. We may fit a GPS Unit to the Car and operate the GPS Unit to track the Car during the Subscription Period. By agreeing to the Agreement or taking possession of the Car, you authorise us (and you warrant and represent that you have the consent of any Approved Driver for us) to use the GPS Unit to track the Car (and collect data such as fuel level, location, speeds and impact data) until it is returned to us upon termination of the Agreement.
74. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Car (which may result in termination of the Agreement pursuant to clause 48 (Termination and Repossession)). Further details about what information we collect using the GPS Unit can be found in the Privacy Policy.

75. To the extent that a third party (not us) holds title in the Car:
    1. you acknowledge that the third party has continued rights in respect of the Car, including but not limited to ongoing ownership of the Car and an ongoing Security Interest in the Car; and
    2. any rights that we and/or you have in respect of the Car (including possession) are subject to the rights held by that third party in the Car).
76. To the extent that we hold title in the Car, it shall at all times remain our property which we shall be entitled to assign, mortgage, encumber or otherwise deal with the Car subject to the Agreement.
77. The Car shall be deemed to be in the possession of, or under your charge or control of from the time when the Car is initially delivered to you until such time as the Car are returned to us in accordance with the Agreement.
78. You hereby acknowledge that the Agreement constitutes a Security Agreement which creates a Security Interest in our favour in the Car we supplied to you and all proceeds thereto under the Agreement.
79. If the Term of the 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.
80. You acknowledge and agree that by entering into the Agreement, you grant us a Security Interest and in the Car. You additionally agree that we can without notice to you seek registration of our 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.
81. You acknowledge, agree and undertake to:
    1. sign any further documents and/or provide any further information (which information will, to the best of your knowledge and belief, be complete, accurate and up to date in all respects) which we may reasonably require to enable perfection of our Security Interest or registration of a Financing Statement or Financing Change Statement on the PPSR;
    2. 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 Car without our prior written consent;
    3. give us not less than 14 days written notice in accordance with clause 86 (Notices) 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);
    4. waive any rights that you may have had under section 115 of the PPSA upon enforcement;
    5. pursuant to section 157 of the PPSA, unless otherwise agreed in writing by us, 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;
    6. any costs reasonably incurred by Carbar in amending or withdrawing a security interest registered over the car to the extent such costs arise directly from your actions or requests, and not from Carbar’s negligence or misconduct.
    7. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a Security Interest arising in connection with the Agreement, the following provisions of the PPSA will not apply to the enforcement of the Agreement: section 95 (notice of removal of accession) to the extent it requires us 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 us 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).
82. In the 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.

83. To the maximum extent allowed by applicable law, a party is not entitled to set off any amounts owed to the other party or owed by any of its related entities to the other party against amounts the party owes under the Agreement. All payments made by a party under the Agreement shall be made without any counterclaim and free and clear of (and without any) deduction or withholding Assignment.
84. You cannot assign the Agreement without our consent. We may (without your prior consent) assign or transfer to any person or otherwise deal in any manner with any of our rights or interests under the Agreement in connection with any securitisation, secured financing or similar transaction. If we do so, we will notify you.

85. Any notice to be given to us 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.

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

87. In the Agreement, unless the context otherwise requires:
    • Additional Kilometre Charge has the meaning given in item 8 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Agreement means the terms in this document, including its annexures and schedules (included any links provided in the same) together with (i) the Customer Application approved by us, (ii) the Condition Report(s), and (iii) any other document expressly described in this Agreement as forming part of the Agreement and provided to you prior to entering into this Agreement.
    • Approved Driver means a Named Driver, or any other driver who meets the requirements in clause 6 and is authorised by you to drive the Car, excluding anyone holding a P1 provisional licence or any licence that is not a valid Driver Licence.
      
      If you assign a new driver, you must notify the relevant company (Carbar, Carly, or HelloCars, as applicable) before they are permitted to drive the Car.
    • Approved Driver Fee has the meaning given in item 9 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • 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.
    • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    • Business Use e has the meaning given in clause 5 (Approval of Customer Application).
    • Car means the automotive vehicle chosen by you and made available to you by us (including any temporary replacement or alternative we provide to you, in our absolute discretion, for example where your chosen vehicle is being repaired), for use by you in accordance with these terms and includes the vehicle's parts, components and accessories.
    • Car Handover has the meaning given in clause 12 (Car Handover).
    • Car Return has the meaning given in clause 55 (Car Return).
    • Change Notice Period has the meaning set out in item 15 as setout in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Claim means any claim, demand, action or proceeding.
    • Condition Report means the document (whether hardcopy or electronic) entitled ‘Condition Report’ provided by us from time to time, which forms part of the Agreement.
    • Continuous Subscription Reward has the meaning given in item 11 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Customer Application means the online application form completed in full by you.
    • Damage means any physical damage to the Car, including its parts, components, and accessories, caused by you, an Approved Driver, or a third party. Damage does not include fees, loss of use, or other financial losses, which are captured under the definition of Loss.
    • Damage Cover means the comprehensive insurance cover held by us for any theft of or damage to the Car, and for any claims made against you or an Approved Driver for loss or damage to another person’s property arising from your use of the Car in accordance with these terms. This cover does not include events or circumstances that are excluded under the terms of the insurance policy or otherwise fall outside the scope of this agreement.
    • Damage Liability Fee means the amount to settle or remedy any Loss, Damage, theft, or Claim (including Loss suffered by us arising from towing and salvage fees and assessing fees, and Loss suffered by us from Loss of Use as a result of that Damage or theft) if the Damage Cover is denied for any reason, provided that such denial is not caused by Carbar's negligence, failure to make payment to the insurer, or breach of this Agreement, after such Loss, Damage, theft, or Claim has been assessed by our Insurer.
    • Driver Licence has the meaning given in clause 4.d (Approval of Customer Application).
    • Email Address for Notice of Damage, Accident or Theft means the email address in item 21 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Email Address for Notice of Price Match Guarantee has the meaning given in item 20 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Excess means the amount as set out in item 12 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Fees and Charges has the meaning given in item 4 of as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Fair Wear and Tear means the degree of deterioration judged to be reasonable, taking into account the Car'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 AFIA Car Rental Code of Conduct published from time to time.
    • GPS Unit means a device with electronic global positioning and tracking capabilities, fitted within the Car and used by us to (amongst other things) track, locate the vehicle, and track the kilometres travelled by the Car.
    • Initial Payment has the meaning given in item 6 of as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Instructions for Breakdown and Accidents has the meaning given at item 23 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Insurer means an APRA approved licensed insurer of our selection.
    • Late Fee has the meaning given in item 10 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Loss means any loss (including indirect loss), liability, damage, cost or expense of any kind, including in respect of a third party and loss suffered arising from towing and salvage fees and assessing fee, and loss suffered from Loss of Use.
    • Loss of Use means the loss of use or enjoyment of a Car suffered because the Car is being repaired or replaced as a result of an accident or other Damage or because it has been stolen and is being replaced.
    • Major Breach means a breach of any of clauses 6 (Approval of Customer Application), 16, 17, 18, 19 and 20 (Your obligations).
    • Minimum Subscription Period has the meaning given in item 17 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Minimum Subscription Termination Notice Period has the meaning given in item 18 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Named Driver means you or any other Approved Driver who has provided 100 points of identification to us, including evidence of their current residential address and their Driver Licence or Australian learner driver licence.
    • Nominated Account means the direct debit, credit card, debit card, bank account or PayPal account (or such other payment method we agree to from time to time in our sole discretion) that you have nominated for the purposes of making payments pursuant to the Agreement.
    • Our Representative means our employee, agent, contractor, authorised third party representative or dealer partner.
    • Personal Number Plate means any number plate owned by you.
    • Privacy Policy has the meaning given in item 19 of as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Product Schedule means a schedule attached to these Terms and Conditions specifying terms that apply to a particular subscription product offered by Carbar Holdings Pty Ltd, including but not limited to:
      
      
      Schedule – Carbar,
      
      
      
      Schedule – Carly,
      and
      
      
      Schedule – HelloCars.
      
      
      Each Product Schedule forms part of and is incorporated into these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and a Product Schedule, the provisions of the relevant Product Schedule shall prevail to the extent of the inconsistency.
    • Prohibited Use means any use of the Car in a manner that is specified as a "Prohibited Use" in the Annexure to the Agreement.
    • Refuelling Service Fee has the meaning given in item 13 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Return Appointment has the meaning given in clause 51d.
    • Servicing Agent means a supplier of Car repair, maintenance and servicing approved by us (including our own internal mechanic workshop).
    • Subscription means the subscription service, which includes the Subscription Inclusions, whereby you receive a vehicle for the duration of the Subscription Period pursuant to the terms of the Agreement.
    • Subscription means the subscription provided by us to you.
    • Subscription Exclusions has the meaning given in item 3 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Subscription Fee has the meaning given in item 5 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Subscription Inclusions has the meaning given in item 2 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Subscription Period has the meaning given in item 14 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Termination Notice Period has the meaning given in item 15 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Upfront Fee has the meaning given in item 7 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • we, 
      us,
      or ours has the meaning given in item 1 as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • Website has the meaning given in item 19 of as set out in the relevant Product Schedule (Carbar, Carly, or HelloCars, as applicable).
    • you or your means the individual, firm or company that has completed the Customer Application, and agrees to the terms of the Agreement.
88. In this document, unless the context requires otherwise:
    1. the singular includes its plural and vice versa;
    2. headings are for convenience only and do not affect interpretation; and
    3. words such as including or for example do not limit the meaning of the words preceding them.

Prohibited Uses

The following uses of the Car are prohibited:

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