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Drive mate Terms of Service

1.                          Overview

Drive Lah Australia Pty Ltd trading as Drive mate, ABN 19 640 421 496, Level 3, 139 Collins Street, Melbourne VIC 3000 (Drive mate, we, us, or our) provides an online car sharing platform that enables vehicle owners to list their vehicles for rental (Hosts), and for people to book those vehicles (Guests), as well as associated services (collectively, the Services).

The Services are made available on the Drive mate website http://www.drivemate.au and associated mobile app (together, the Platform). Your use of the Services is subject to these Terms of Service (Terms), together with our Host policies set out here and Guest policies here (as updated from time to time).

Structure

These Terms are made up of this Overview section, and three Parts. Where you are approved and registered to use the Services as a Host and/or a Guest, certain additional terms will apply. The Terms will apply as follows:

·        Part A, Guest Terms:  applies if you use the Services as a Guest.

·        Part B, Host Terms:  applies if you use the Services as a Host.

·        Part C, General Terms:  applies to all users of the Service.

Modifications                             

Drive mate may vary these Terms (including the Policies) at any time. If we make material changes to these Terms we will post the revised Terms on the Platform and update the “last updated” date. We will also provide you with notice of any material changes by email, notifications through the Platform, messaging service, or any other contact method made available by us and selected by you on or before the date they become effective.

If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms. Any existing bookings will remain subject to the terms and policies in effect at the date the booking was made.

Inconsistency

If there is any inconsistency between these Terms, the Site Terms, or any Policy, these Terms will prevail to the extent of the inconsistency.

Last Updated

These Terms were last updated on 19 December 2024.

Part A:  Guest Terms

2.                          Registering as a Guest

2.1                      Eligibility

In order to search for and book Vehicles on the Platform, you must first register as a Guest by providing us with certain information. In order to become accepted as a Guest, you must meet our Eligibility Criteria set out here. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

2.2                      Changes to eligibility

If any of the details you provide us to assess your eligibility change, or if you have any reason to believe you may no longer meet the Eligibility Criteria, you must inform us immediately, and Drive mate may limit, suspend or terminate your access to the Services in order to ensure the integrity of our Services and protect the other users of our Services.

3.                          Bookings, fees and cancellations

3.1                      Contract between you and the Host

When you receive the booking confirmation, a contract for services (a Booking) is formed directly between you and the Host. By making a Booking you are agreeing to the terms of the contract. The terms of the contract include all terms of the Booking, including without limitation our Cancellation Policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking.

3.2                      Booking Fees

By making a Booking, you are agreeing to pay all charges for your Booking including:

(a)                 the Trip Fees;

(b)                 Distance Fees (if any) in accordance with the Fee Schedule.

(c)                 taxes (such as GST); and

(d)                 any other fees and charges identified on the Platform at the time you make the Booking,

(collectively, the Booking Fees).

3.3                      Additional charges

By making a booking, you are also agreeing that we will charge the Payment Method used to make the Booking in order to collect Damage Claim amounts and other administrative fees in accordance with our Fees & Fines Schedule here.

3.4                      Cancellations

You may cancel a booking at any time prior to the beginning of the Booking Period. If you cancel a Booking, any entitlement to a refund, and the amount that will be refunded to you will be determined in accordance with our Cancellation Policy.

4.                          Payments

4.1                      Adding a Payment Method

When you add a Payment Method to your Account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Drive mate or its third-party payment processor(s). You authorise Drive mate and its payment processor(s) to collect and store your Payment Method information in accordance with Drive mate’s Privacy Policy.

4.2                      Verification of Payment Method

When you add or use a new Payment Method, Drive mate may verify the Payment Method by:

(a)                 authorising your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts; or

(b)                 requiring you to upload a billing statement

4.3                      Retention of Payment Method

You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your Booking and ending fourteen (14) days following the end of the Booking Period, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such Booking.

4.4                      Authorisation to charge

You authorise Drive mate to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your Account, including Damage Claim amounts in accordance with these Terms.

4.5                      Collection of amounts due and payable

Drive mate and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Drive mate, or the collection agencies we retain, may also report information about your Account to credit bureaus subject ti applicable privacy laws. As a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.

5.                          Guest Responsibilities

5.1                      To the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to the Vehicle. For example, this means:

(a)                 you are responsible for leaving the Vehicle (and related personal property) in the condition it was in when you collected it;

(b)                 you are responsible for paying all reasonable Damage Claim amounts; and

(c)                 you must act with integrity, treat others with respect and comply with applicable laws at all times.

5.2                      You must:

(a)                 have a current valid license to drive the Vehicle which has been submitted to Drive mate for verification and which is:

(i)                    issued in an Australian state or territory or an international license (with a valid International Driving Permit or an approved translation into English if the license is not issued in English);

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

(iii)                not subject to any restriction or condition;

(b)                 ensure that the Vehicle is used in a proper and skilful manner, and at all times in accordance with the Policies and the Terms, and the Vehicle’s manufacturer requirements, recommendations and instruction manuals;

(c)                 ensure that all applicable rules and regulations, including any road traffic codes or rules of conduct in the relevant state jurisdiction are complied with;

(d)                 maintain the Vehicle at your own expense in the same condition as at the Pick Up Time (fair wear and tear only excepted, in accordance with the Policies);

(e)                 keep the Host fully informed of all material matters relating to the Vehicle, including complying with any applicable Policies regarding the reporting of any Accident, Damage or loss to the Vehicle;

(f)                   comply with the Australian Road Rules and all applicable laws while driving the Vehicle;

(g)                  return the Vehicle by the Drop Off Time for the Booking; and

(h)                 comply with all Policies regarding the pick-up and drop-off of the Vehicle from and to the Host.

5.3                      You must not:

(a)                 allow the Vehicle to be driven by any person who is not an Authorised Driver:

(b)                 drive the Vehicle on:

(i)                    an Unsealed Road;

(ii)                  roads that are prone to flooding or are flooded;

(iii)                beaches, sand dunes, streams, rivers, creeks, dams or off-road;

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

(v)                  any road that is closed; or

(vi)                any road where it would be unsafe to drive the Vehicle;

(c)                 use the Vehicle in any alpine resort during the gazetted snow season or in any other area under conditions where a reasonable person would use snow chains;

(d)                 part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet, sublet or lend the Vehicle or allow the creation of any mortgage, charge, lien or register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Cth), without the prior written consent of the Host;

(e)                 drive the Vehicle while your driver licence is cancelled or suspended, including as a result of an accumulation of demerit points;

(f)                   use the Vehicle:

(i)                    for any commercial or non-personal use (including but not limited to using the Vehicle as a private hire vehicle, or carry any passengers for payment of any kind or for rideshare purposes);

(ii)                  when it is damaged or unsafe;

(iii)                for any illegal purpose;

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

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

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

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

(g)                  use the Vehicle to carry:

(i)                    more than the number of passengers for which the Vehicle is licensed; or

(ii)                  any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licensed;

(h)                 make any alterations to the Vehicle;

(i)                    affix or install any accessories, equipment or devices on to the Vehicles without the Host’s prior written consent;

(ii)                  deliver up the Vehicle at the end of the Booking Period at the Designated Location in a tardy or late manner in contravention of the Policies, failing which the Policy on late returns shall apply; and

(i)                    drive the Vehicle:

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

(ii)                  recklessly or dangerously; or

(iii)                whilst there is Damage to the Vehicle or it is unroadworthy or unsafe;

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

(k)                  modify the Vehicle in any way; or

(l)                    sell, rent, lease or dispose of the Vehicle.

5.4                      You must, while in possession of the Vehicle:

(a)                 ensure the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in the Guest's possession, or that of any Authorised Driver, at all times and never left in the ignition when the Vehicle is unattended; and

(b)                 take reasonable care of the Vehicle by:

(i)                    preventing it from being damaged;

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

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

(iv)                using the correct fuel type; and

(v)                  making sure it is not overloaded.

5.5                      Unless specifically approved by the Host, you must not:

(a)                 use the Vehicle for transporting any pets or animals, except assistance animals; or

(b)                 smoke in the Vehicle and the Guest must take reasonable steps to prevent passengers from doing so.

Additional cleaning, disinfection and deodorising charges as set on the Platform will apply if this clause 5.5 is breached.

5.6                      The Guest must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority. [An administrative fee applies if Drive mate is required to nominate the Guest as the responsible driver if any toll, fine or infringement is unpaid.]

6.                          Damage to Vehicle

6.1                      Damage Policy

Subject to this clause 6 Drive mate’s Damage Policy here will apply for the duration of your Booking Period, also noting the varied levels of damage excess available to Guests per our fee schedule here.

6.2                      Damage Excess

(a)                 Subject to clause 6.3, during your Booking Period you will be indemnified for any Damage, theft or Third Party Loss in relation to the Vehicle, provided that you must first pay the Damage Excess.

(b)                 Your obligation to pay the Damage Excess under clause 6.4(a) may be waived where the other party to the Incident was insured and their insurance company accepts liability.

(c)                 Drive mate may charge your Payment Method an amount up to, but not exceeding, the Damage Excess:

(i)                    for single vehicle Accidents, after Drive mate provided an estimate of the amount to be charged for the Damage to you;

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

(iii)               for Accidents in which there is also Third Party Loss, after the Host and Drive mate have made an estimate of the Guest's total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to the Guest as soon as practicable.

6.3                      Exclusions from Damage Cover

You are not eligible for Damage Cover, and will be liable for, any Excluded Damage.

6.4                      Resolving Damage Claims

If a Host provides evidence that you have: and/or

(a)                 damaged the complaining Host’s Vehicle;

(b)                 caused loss of booking income for bookings via the Platform or other consequential damages which result directly from the Damage caused under (a) above,

(each of (a) and (b) being a Damage Claim),

the complaining Host can notify Drive mate and/or seek compensation through the Platform. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Drive mate and Drive mate reasonably determines that the Damage Claim is valid and you are responsible for the Damage Claim, Drive mate can collect the amount of the Damage Claim from you.

6.5                      Damage Claim amounts

If you are responsible for Damage Claim amounts, under to clause 6.2, Drive mate may, on reasonable notice to you, charge the Payment Method used to make the Booking or any other Payment Method associated with your Account at the time of the Damage Claim or within a reasonable period thereafter in order to collect the Damage Claim amounts. To facilitate this charge, when you book a Listing, you are agreeing that Drive mate may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.

7.                          Accident and theft reporting

7.1                      If you have an Accident or if you believe the Vehicle has stolen (each, an Incident) during your Booking Period, you must report the Incident to Drive mate as soon as practicable but in no case more than 24 hours of it occurring.

7.2                      If you believe the Vehicle has been stolen, you must report the Incident to the police immediately (and in any event, no longer than 8 hours) after becoming aware and also provide all information reasonably requested concerning the Incident and deliver a correctly completed Collision or Damage Report Form, including any police witness statements or reports, to us within 48 hours after the Incident.

7.3                      If you have an Accident where:

(a)                 any person is injured;

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

(c)                 the other party appears to be under the influence of drugs or alcohol,

the Guest must also report the theft or Accident to the Police.

7.4                      If you have an Accident, you must:

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

(b)                 take a photo of the other person’s driver licence;

(c)                 take the registration numbers of all vehicles involved;

(d)                 take as many photos as is reasonable showing:

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

(ii)                  the Damage to the Vehicle and any third party vehicle or property; and

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

(e)                 use reasonable endeavours to obtain the names, addresses, phone numbers and email addresses of all witnesses;

(f)                   forward all third party correspondence or court documents to the Host within 7 days of receipt;

(g)                  co-operate with the Host and Drive mate in the prosecution of any legal proceedings that may be instituted or the defence of any legal proceedings which may be instituted against the Guest as a result of an Accident, including attending:

(i)                    the office of the lawyer for the Host or Drive mate; or

(ii)                  any court hearing; and

(h)                 not:

(i)                    make any admission of fault;

(ii)                  promise to pay any claim for Third Party Loss; or

(iii)                release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.

Part B:  Host Terms

8.                          Hosting on Drive mate

8.1                      Contract between you and the Guest

When you accept a Booking request, or receive a Booking confirmation through the Platform, you are entering into a contract directly with the Guest, and are responsible for providing the Vehicle under the terms and at the price specified in your Listing. Any terms or conditions that you include in any supplemental contract with Guests must:

(a)                 be consistent with these Terms, our Policies, and the information provided in your Listing; and

(b)                 be prominently disclosed in your Listing description.

8.2                      Independent relationship

Your relationship with Drive mate is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Drive mate. Drive mate does not direct or control your Vehicle and you understand that you have complete discretion whether and when to provide your Vehicle.

9.                          Service Fees

9.1                      Service Fees

Drive mate charges fees (and applicable Taxes) to Hosts for the right to use the Platform (Service Fees). More information about what Service Fees apply and how they are calculated can be found on our Subscription Plans page here. Except as otherwise provided on the Platform and to the extent permitted by law, Service Fees are non-refundable.

9.2                      Deduction of Service Fees

By accepting a Booking, you are also agreeing to pay applicable fees like the Service Fees (and applicable taxes) for that Booking. Drive mate will deduct amounts you owe from your payout unless we and you agree to a different method.

9.3                      Changes to Service Fees

Drive mate reserves the right to change the Service Fees at any time, and will provide Hosts at least 30 days’ notice of any fee changes before they become effective. Changes to the Service Fees will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to clause 22.1.

10.                   Host obligations

10.1                Creating and managing Listing

The Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Listing (including Vehicle details), your price, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including availability) and content (like photos) up-to-date and accurate at all times, and are required to meet the expectations you have set in your Listing. You are responsible for setting your price and establishing rules and requirements for your Listing. You may not collect any additional fees or charges for your Listing outside of the Platform.

10.2                Availability of Vehicle

Once you have confirmed a Booking, you must make the Vehicle available or deliver the Vehicle as expected by the Guest. If you offer the Guest the option to pick up your vehicle at a specified location, you must supply the location of the Vehicle accurately to Drive mate and ensure that the Vehicle is available at that location at the time agreed in the Booking.

10.3                Status of Vehicle

You as the Host are solely responsible for ensuring your Vehicle(s) listed on the Platform:

(a)                 are roadworthy and in a safe and operable condition;

(b)                 are legally registered to be driven on public roads;

(c)                 are not subject to any applicable safety recalls; and

(d)                 at all times satisfy our Vehicle Eligibility Requirements here and our Vehicle Maintenance Policy here.

10.4                Maintenance

You are required to regularly check your Vehicle for any defects in its operations or safety. You promise that, at all times, your Vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Vehicle to be booked. In addition, if Drive mate believes that your Vehicle does not conform to reasonable standards, Drive mate may notify you and reserves the right to remove or decline listing your Vehicle until its concerns have been resolved. Drive mate may, but does not commit to, undertake efforts to ensure the safety of Vehicles booked through the Services.

10.5                Reporting Damage to Vehicle

If you believe that a Guest has caused any Damage to your Vehicle, you must report that Damage as soon as you become aware of it (and in any event, no more than 24 hours after the end of the Booking Period) and to provide reasonable cooperation in the investigation of the Damage.

11.                   Representations and warranties

You represent and warrant with respect to each Vehicle you list on the Platform:

(a)                 you are the registered owner of the Vehicle or have been duly authorised by the registered owner of the Vehicle to enter into these Terms;

(b)                 the Vehicle complies with the applicable Terms and Policies; and

(c)                 any information or specifications set out on the Platform or provided by you to the Guest in relation to the Vehicle is complete, accurate and not misleading in any way.

12.                   Vehicle Eligibility

Only Vehicles which comply with our Eligibility Policy will be eligible to be listed on the Platform. Drive mate reserves the right to decline any Vehicle from being listed.

13.                   Host Damage Cover

To the extent that a Guest fails to satisfy their primary obligation under the Terms to pay you, as a Host, for Damage Claims that they are responsible for, Drive mate agrees to guarantee that obligation by paying you the cost of repairing or replacing your Vehicle damaged or destroyed subject to all terms, conditions, and limitations contained in the Drive mate Protection Policy here.

14.                   Enabling Equipment

14.1                Provision of Enabling Equipment

Drive mate may supply or make available to you certain Enabling Equipment, which may include equipment for which you have transferred ownership to Drive mate. Drive mate will either arrange for installation of the Enabling Equipment in your Vehicle(s) or send the Enabling Equipment to you for installation by the you or your chosen installer. Any Enabling Equipment supplied or otherwise made available by us to you remains our property at all times.

14.2                Obligations regarding Enabling Equipment

(a)                 You must not, and must not allow any other person to tamper with, interfere with, or remove any part of any Enabling Equipment that is installed in your Vehicle.

(b)                 You must:

(i)                    immediately inform Drive mate if any part any Enabling Equipment is lost, stolen, damaged, breaks or ceases working properly;

(ii)                  remove and return to Drive mate any Enabling Equipment that is in your possession before selling or transferring your Vehicle to another person, if your agreement with Drive mate is terminated, or otherwise where Drive mate reasonably requests you to return it.

Part C:  General Terms

15.                   Account registration

15.1                Creating an Account

In order to apply to use the Services, you must first create an account with us by completing the application form on the Platform (Account). Drive mate is under no obligation to accept an application for registration as an Account holder and may remove Accounts at its discretion. You can create an Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (such as Facebook, Apple or Google).

15.2                Accuracy of information

You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Account up to date at all times. Drive mate is not responsible for any loss or Damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete registration details.

15.3                Account security

You are responsible for the security of your username and password for the Platform. Drive mate may assume that anyone using your username and password is authorised by you to do so. Unauthorised use of your username and password will, under no circumstances, reduce your liability in connection with using the Services, including in respect of the warranties you give under these Terms. You must notify us immediately on becoming aware of any unauthorised use of your username or password or of any other security breach in connection with the Services or the Platform.

15.4                 Verification

15.5                 Where permitted, Drive mate has the right but not the obligation to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver licence validity. Drive mate may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorise Drive mate to request, receive, use, and store such information.

16.                   Content

16.1                Uploading Content

Parts of the Platform enable you to provide feedback, text, photos, audio, video, information and other content (Content). By providing Content, in whatever form and through whatever means, you grant Drive mate a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Platform, in any media or platform, known or unknown to date and in particular on the internet and social networks. If Content includes Personal Information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.

16.2                Content facilitated by us

Where Drive mate pays for the creation of Content or facilitates its creation, Drive mate may own that Content, in which case supplemental terms or disclosures will say that.

16.3                Your responsibility for Content

You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant to Drive mate the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

16.4                Indemnity

You agree to defend, indemnify, and hold Drive mate and its subsidiaries, officers, directors, employees, and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Content uploaded by you.

17.                   Obligations of Account Holders

17.1                 In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

(a)                 violate any applicable law; or

(b)                 dilute, tarnish, or otherwise harm the Drive mate brand in any way.

17.2                 You agree that you will at all times comply with the Policies. The Policies may be amended from time to time and it is your responsibility to monitor the Platform for updates to the Policies. A breach of any term of a Policy will be deemed a breach of these Terms.

18.                   Taxes

18.1                 All prices and payments in this Agreement are exclusive of applicable sales and use taxes, including VAT, GST and similar charges (the Taxes).

18.2                 The following provisions apply in the event that any Australian GST is payable in relation to this Agreement:

(a)                 For the purposes of facilitating the issuing of recipient created tax invoices in accordance with the requirements of the GST Law, the parties agree that Drive mate will issue tax invoices in respect of any supplies under this Agreement;

(b)                 Drive mate:

(i)                    acknowledges that it is currently registered for GST, and that it will notify you if it ceases to be registered or if it ceases to satisfy any of the requirements relating to the issuing of recipient created tax invoices under the GST Law;

(ii)                  agrees to issue a copy of tax invoices in respect of supplies under this agreement to you, showing your ABN as well as Drive mate’s own ABN, and to retain the original; and

(iii)                agrees to issue adjustment notes to you in relation to adjustment events.

(c)                 Should the requirements for issuing recipient created tax invoices alter under the GST Law, the parties agree to enter into good faith negotiations to amend this paragraph (c) to give effect to such changes.

(d)                 If Drive mate is required by any applicable law to make any deduction or withholding from any amount payable by Drive mate under or in relation to this Agreement, then Drive mate may reduce the amount payable by it by the amount of such deduction or withholding.

19.                   Disclaimers

19.1                Scope of Services

Drive mate provides services that enable the sharing of Vehicles between Hosts and Guests. Except as otherwise provided in these Terms, Drive mate does not itself provide vehicle sharing, rental services, and/or insurance services and is not responsible for any of the acts or omissions of any of the users of its Service, the manufacturer of the Vehicle, or any third-party provider of services (e.g. in-vehicle GPS or other systems).

19.2                Warranty disclaimer

The Services are provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by applicable law, without limiting the foregoing, Drive mate explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Drive mate makes no warranty that the Services, including, but not limited to, the Listing and/or any Vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Drive mate makes no warranty regarding the quality of any Listings, Vehicles, Hosts, Guests, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Drive mate, Drive mate’s insurer, or its service providers or through the Services or content, will create any warranty not expressly made herein.

20.                   Liability

20.1                Australian Consumer Law

As a Guest, you have consumer rights conferred by the Australian Consumer Law and neither this clause 20.1 nor any other provision of the Terms or the Policies excludes, restricts or modifies any implied terms, guarantees or rights you may have under those laws or any other Federal, State or Territory legislation.

20.2                Limitation of liability

Subject to clauses 20.1, 20.3 and Drive mate’s Loss of Use Policy, neither party shall be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

(a)                 loss of profits, sales, business, or revenue;

(b)                 business interruption;

(c)                 loss of anticipated savings;

(d)                 loss or corruption of data or information;

(e)                 loss of business opportunity, goodwill or reputation; or

(f)                   any incidental, special, indirect or consequential loss or damages.

20.3                Liability not excluded

Nothing in this agreement shall limit or exclude any party’s liability for:

(a)                 death or personal injury resulting from negligence;

(b)                 fraud; and/or

(c)                 any other matter in respect of which any party is prohibited under applicable law from limiting or excluding liability.

21.                   Data privacy

You acknowledge that by using the Service, you may obtain Personal Information of other users. You acknowledge and agree that you must not, during and after termination of these Terms, without the prior written consent of the other party, use, disclose or retain such Personal Information beyond facilitating a Booking or for other legal purposes. You agree to undertake reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks with respect to the other. You must at all times, comply with the provisions of the Privacy Act 1988 (Cth) in respect of the other party’s Personal Information.

22.                   Termination and suspension

22.1                Termination

You may discontinue your use of the Service at any time and Drive mate may terminate your access to the Services and remove any Listings for any reason or no reason to the extent permissible under applicable law.

22.2                 Consequences of termination

(a)                 Termination of access to the Service will not release a party from any obligations it incurred prior to the termination. Termination of this agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Terms and/or any fees due, and all of those terms will survive any termination of these Terms.

(b)                 If you are a Host and terminate your Account, any confirmed Booking(s) will be automatically cancelled and your Guests will receive a full refund.

(c)                 If you terminate your Account as a Guest, any confirmed Booking(s) will be automatically cancelled and any refund will be determined in accordance with our Cancellation Policy.

(d)                 When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content.

(e)                 If your access to or use of the Platform has been limited, or your Account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another user.

23.                   Force Majeure

Notwithstanding any other provision of this Agreement, Drive mate is not liable for any failure to perform any of its obligations under this Agreement where that performance is delayed, prevented, restricted or interfered with for any of the following reasons: acts of God, acts of government, war or war-like situations, strikes, lock-outs, industrial action, riots, fires, floods, earthquakes, droughts, tempests, malicious attacks on the Platform, or any other event beyond Drive mate’s reasonable control.

24.                   General

24.1                 Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Agreement is not affected.

24.2                 This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

24.3                 You must not assign or novate this agreement or otherwise deal with the benefit of it or a right under it, or purport to do so, without the prior written consent of Drive mate. Drive mate may assign or novate part or all of this agreement to any person as part of any restructure or sale of any or all of Drive mate’s business.

24.4                 These Terms are the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.

24.5                 Each party represents and warrants that it has not relied on any representations or warranties about the subject matter of these Terms except as expressly provided in these Terms.

24.6                 Your use of the Service is conducted electronically and you agree that Drive mate may communicate with you electronically for all aspects of your use of the Platform, including sending you electronic notices.

24.7                 The provisions of these Terms which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these Terms.

24.8                 No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.

24.9                 A single or partial exercise of a right or remedy under these Terms does not prevent a further exercise of that or of any other right or remedy.

24.10           Failure to exercise or delay in exercising a right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or of any other right or remedy.

24.11           No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement.

25.                   Definitions and Interpretation

25.1                 Definitions

The following definitions apply in these Terms:

Accident means an unintended and unforeseen incident, including:

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

(b)                 rollovers; and

(c)                 weather events, including hail Damage,

that results in Damage or Third Party Loss.

Authorised Driver a person with a valid licence to drive in the jurisdiction the Vehicle is being driven in, who has been verified by Drive mate in accordance with its policies and notified to the Host as a driver of the Vehicle.

Booking Fee has the meaning given in clause.

Booking Period means the period of hire for the Vehicle as agreed between the parties in a Booker, or the date and time the Vehicle is returned to the Host at the Designated Location, whichever is the later.

Damage means:

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

(b)                 towing and salvage costs;

(c)                 assessing fees; and

(d)                 Loss of Use,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Cover means the cover the Guest and any Authorised Drivers have for Damage, theft, attempted theft and Third Party Loss under clause 6, subject to the exclusions set out in clause 6.5.

Damage Excess means the amount, including GST, the Guest must pay Drive mate in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered as set out in Drive mate’s Protection Policy.

Designated Location means the designated location at which the Vehicle is to be collected or returned to the Host by the Guest, or such other location as parties may agree.

Drop Off Time means the time and date the Guest and the Host agree for the drop-off of the Vehicle at the end of a Booking, or the time the the Host has confirmed via the Platform the return of the Vehicle to the Designated Location, whichever is later.

Enabling Equipment means equipment supplied by Drive mate to a Host to facilitate or enable to Vehicle to be used for the Service, which may include any of the following:

(e)                 an Otoplug and associated equipment;

(f)                  lockbox and window bracket(s);

(g)                 primary GPS; and

(h)                 secondary GPS.

Excluded Damage means any of the following:

(a)                  Damage or Third Party Loss arising from:

(i)                   a Serious Breach by the Guest; or

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

(b)                 Overhead Damage;

(c)                 Underbody Damage;

(d)                 Damage caused by:

(i)                   immersion of the Vehicle in water;

(ii)                 use of the incorrect fuel type;

(iii)                Damage to the tyres of the Vehicle, other than by normal wear and tear;

(e)                 the full cost of replacing or repairing any accessories supplied by the Host including, but not limited to GPS units, lost keys, keyless start and remote control devices; and

(f)                   personal items that are left in or stolen from the Vehicle or for loss or Damage to property belonging to or in the custody of the Guest or any other person the Guest allows access to the Vehicle.

Guest has the meaning given in the Overview.

Host has the meaning given in the Overview.

Listing means the listing of a Vehicle on the Platform by a Host.

Overhead Damage means:

(a)                 Damage to the Vehicle; and/or

(b)                 Third Party Loss,

caused by:

(c)                 contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;

(d)                 objects being placed on the roof of the Vehicle; or

(e)                 the Guest or any person standing or sitting on the roof of the Vehicle.

Payment Method means the payment method (i.e., PayPal account, bank account, a prepaid card, or a debit card) and associated information you provide to us.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Pick Up Time means the time and date of which the later of the parties have confirmed via the Platform the provide the Vehicle to the Host at the Designated Location.

Platform means Drive mate’s website (https://drivemate.au/) and its associated mobile applications.

Privacy Policy means Drive mate's Privacy Policy available here.

Serious Breach means:

(a)                  a breach of clause 5 that causes Damage, theft of the Vehicle or Third Party Loss; or

(b)                 a breach of clause 7 that prevents Drive mate from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

Service Fee means the fee Drive mate charges Hosts as consideration of the provision of the Services.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Trip Fees means the fees payable by Guests for the rental of the Vehicle, as set out on the Listing, exclusive of any Service Fees or other fees payable to Drive mate or any other third party.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means a motor vehicle registered with the relevant state road authority as being operated by a Host and listed on the Platform by that Host for rent.

25.2                Interpretation

In this Agreement, unless the context otherwise requires:

(a)                 headings are to be ignored in interpreting these Terms;

(b)                 the Overview forms part of these Terms;

(c)                 the singular includes the plural (and vice versa) and a gender includes each other gender;

(d)                 a word derived from a defined term has a meaning that corresponds with that defined term;

(e)                 whenever the words “include” or “including” are used in these Terms, they are deemed to be followed by the words "without limitation";

(f)                   a reference to writing or written includes email;

(g)                  references to legislation include amendments to, and re-enactments of, that legislation; and

(h)                 references to a party include that party's successors and permitted assignees or transferees.