Subscription Terms & Conditions
1. Introduction
1.1 Subscription Contract
The agreement for the subscription service provided by Revved (Subscription Contract) comprises:
(a) the agreement (Subscription Agreement) You have signed to hire the Vehicle from Us;
(b) the Handover Inspection Report;
(c) Our Privacy Policy; and
(d) these subscription terms and conditions (Subscription Terms and Conditions);
and together they create binding and enforceable legal obligations.
1.2 Relevant law
(a) The Subscription Contract is governed by the laws of the state or territory in which the Subscription Contract is entered and of the Commonwealth of Australia.
(b) You agree that courts in the state or territory where the Subscription Contract was entered have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 The Australian Consumer Law
You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Subscription Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.
1.4 Electronic signatures
We use electronic signatures as a means of entry into the Subscription Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Subscription Terms and Conditions and Your obligations under the Subscription Contract.
1.5 Amending these Subscription Terms and Conditions
We may amend these Subscription Terms and Conditions by providing You with 30 days' notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.
2. Vehicle subscription
2.1
We will provide You with a Vehicle from a booked vehicle category , but not a specific vehicle type or a specific vehicle, for an agreed weekly fee.
2.2
The weekly fee includes standard Damage Cover, registration and compulsory third party insurance, use of the Vehicle up to the kilometre limit show in the Subscription Agreement, maintenance, wear-and-tear repairs and tyre replacement.
2.3
You may swap the Vehicle at any time during the Subscription Period at no extra cost, subject to availability.
2.4
For the use of the Vehicle, You must pay Us the agreed weekly Subscription Fee which includes:
(a) the young driver surcharge;
(b) the fee for Authorised Drivers; and
(c) roadside assistance.
3. Who may drive the Vehicle?
3.1 Authorised Drivers
(a) Only You and any person noted on the Subscription Agreement as an Authorised Driver and who each meets all of the requirements of this clause 3, is entitled to use and drive the Vehicle.
(b) Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Subscription Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 11 of these Subscription Terms and Conditions.
3.2 Age limits
You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Subscription and it is shown in the Subscription Agreement.
3.3 Licence requirements
(a) You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
(ii) appropriate for the class of the Vehicle; and
(iii) not subject to any restriction or condition.
(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
3.4 Cancelled and suspended licences
The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
(a) is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) has been cancelled or suspended, within three (3) years of the date of the Subscription Agreement.
3.5 False and misleading information
The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.
3.6 Prior insurance history
In the period of three (3) years prior to the Start of the Subscription You and any Authorised Driver must not have had a policy of insurance cancelled or declined.
4. Prohibited Use
4.1
The Vehicle must not be driven by You or any Authorised Driver:
(a) 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;
(b) recklessly or dangerously; or
(c) whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.
4.2
You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle, trailer or boat;
(iv) to carry or transport illegal drugs or substances;
(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes;
(vi) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
(vii) in an unsafe or unroadworthy condition; or
(c) use a mobile phone:
(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or
(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.
4.3
You and any Authorised Driver must not:
(a) damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
4.4
You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward except:
(i) under a private pooling arrangement; or
(ii) where the Vehicle has been booked via a ride sharing platform;
(b) more than the number of passengers for which the Vehicle is licenced; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
5. Prohibited areas of use
5.1 General prohibited areas
The Vehicle must never be driven:
(a) on an Unsealed Road;
(b) Off Road;
(c) above the snow line in Victoria and New South Wales between 1 May and 31 October or in any area where snow has fallen or is likely to fall.
(d) on roads that are prone to flooding or are flooded;
(e) on beaches, sand dunes, streams, rivers, creeks, dams and floodwaters;
(f) on any road where the police or an authority has issued a warning;
(g) on any road that is closed;
(h) on any road where it would be unsafe to drive the Vehicle; or
(i) onto any island with the exception of:
(i) Kangaroo Island;
(ii) Stradbroke Island;
(iii) Bribie Island; or
(iv) Phillip Island.
5.2 Specific prohibited areas
The Vehicle must never be driven:
(a) in Queensland:
(i) north of Chillagoe or west of Georgetown;
(ii) north of Cooktown or Laura;
(iii) on the Burke Development Road;
(iv) north of Maggieville;
(v) on Unsealed Roads north and west of Mt Isa;
(vi) on the Bloomfield track; or
(vii) on the Savannah Way;
(b) in South Australia:
(i) to Mount Dare;
(ii) on the Strzelecki Track;d;
(iv) on the Oodnadatta Track; or
(v) on the road to Dalhousie Springs;
(c) in the Northern Territory:
(i) on the roads to Jim Jim Falls or Twin Falls;
(ii) on the Larapinta and Namatjira Drives, commonly known as the Mereenie Loop,
(d) in Western Australia:
(i) on the Unsealed Road section of the Cape Leveque Road; or
(ii) on the Canning Stock Route;
(iii) on the road to Windjana Gorge;
(iv) on the Cardabia - Ningaloo Road;
(v) on the Gibb River Road; or
(vi) on the access road from the Great Northern Highway to the Purnululu National Park
(e) through or across the Simpson Desert in South Australia, Queensland and the Northern Territory;
(f) on the Tanami Track and the Gunbarrel Highway in Western Australia and the Northern Territory; or
(g) on the Spirit of Tasmania between Victoria and Tasmania in either direction.
6. Your obligations
6.1 Start of the Subscription
At the Start of the Subscription and before collecting the Vehicle You must:
(a) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Revved Depot;
(b) present Your driver's licence and that of any Authorised Driver and permit copies of the drivers' licences to be made and kept by Us; and
(c) pay the first week's Subscription Charges in advance and the Security Deposit.
6.2 Subscription Charges
You must pay Us:
(a) The Subscription Charges on a weekly basis no less than seven (7) days in advance until the End of the Subscription;
(b) all amounts payable under these Subscription Terms and Conditions on or before the due date; and
(c) interest on any overdue amount that accrues in accordance with clause 8.4.
6.3 Security Deposit
(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Subscription Contract and is fully refundable to You ten (10) business days after the End of the Subscription provided that:
(i) all amounts due to Us under the Subscription Contract have been paid, including toll road charges and refuelling costs;
(ii) the Vehicle has been returned to Us at the End of the Subscription Term;
(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;
(iv) the exterior and interior of the Vehicle are clean;
(v) the Vehicle has a full tank of fuel; and
(vi) there has not been a Major Breach of the Subscription Contract.
(b) If at the End of the Subscription You fail to pay any of the amounts in clause 6.2(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.
6.4 During the Subscription Term
You must not:
(a) use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;
(b) smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so; or
(c) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us. Additional cleaning, disinfection and deodorising charges will apply.
6.5 Vehicle to be locked and keys kept in Your possession
You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote-control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.
6.6 Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) properly securing any goods, property or equipment carried in the Vehicle;
(d) maintaining the engine and brake oils and coolant level and tyre pressures;
(e) using the correct fuel type; and
(f) making sure it is not overloaded.
6.7 Notification of Vehicle fault
You must inform Us immediately if:
(a) a warning light or dash board fault message appears; or
(b) the Vehicle develops any fault during the Subscription Term.
f You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
6.8 Repair without authority prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
6.9 Repair with authority
(a) Where We have given You Our prior authority to repair the Vehicle as the result of a breakdown or Vehicle fault, You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us.
(b) There is no entitlement to reimbursement if the breakdown or fault was caused by an Accident or is the result of a Major Breach of the Subscription Contract.
6.10 Staying with the Vehicle after an Accident
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger has been injured and require medical attention or You are directed to do so by the police.
7. Subscription Term and Vehicle return
7.1 Subscription Term
(a) The minimum Subscription Term is two (2) weeks and if an end date has not been specified at the Start of the Subscription, the Subscription Period will renew every seven (7) days up to the maximum term of two (2) years.
(b) After the minimum term, the Subscription Contract continues until the earlier of the maximum term or until it is terminated in accordance with clause 14.2.
7.2 Fixed term option
A fixed six (6) month Subscription Term is available and if selected, early termination under clause 14.2 is not available.
7.3 Return of the Vehicle
(a) You must return the Vehicle to Us:
(i) at the End of the Subscription Term;
(ii) in a reasonable state of cleanliness;
(iii) in the same mechanical condition, it was in at the Start of the Subscription, fair wear and tear excepted; and
(iv) with a full tank of fuel.
(b) If You return the Vehicle:
(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;
(ii) earlier than the date shown in the Subscription Agreement there is no entitlement to a refund;
7.4 End of the Subscription requirements
At the End of the Subscription, You must pay:
(a) the balance of the Subscription Charges, including any charges for excess kilometres (if any);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including:
(i) refuelling costs; and
(ii) extra cleaning costs;
(d) for all Damage arising from a Major Breach of the Subscription Contract; and
(e) for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 12.1 or reduced pursuant to clause 12.2.
7.5 Post Subscription inspection procedure
We will take reasonable steps to conduct a post Subscription Term inspection in Your presence, but if You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within twenty four (24) hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.
7.6 Vehicle exchange
(a) Our vehicles may be subject to manufacturer limited holding periods and kilometre limits.
(b) You acknowledge and confirm that We are entitled to exchange vehicles during the Subscription Term and to provide You with another vehicle from the same agreed vehicle category.
8. Costs and charges
8.1 Fines and infringements
(a) You and any Authorised Driver must pay
(i) fines or charges imposed for parking;
(ii) infringements and fines imposed for speeding and other driving offences; and
(iii) fines or charges imposed for release of the Vehicle if it has been seized by a regulatory
authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
8.2 Tolls
(c) You and any Authorised Driver must pay all tolls.
(d) An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.
(e) If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee for each nomination.
8.3 Kilometre limit
(f) A kilometre limit as shown in the Subscription Agreement applies to the use of the Vehicle during the Subscription Term.
(g) You will incur an additional fee as shown in the Subscription Agreement for each kilometre by which You exceed the kilometre limit.
8.4 Default in payment
If You default in the payment of any moneys owed to Us under the Subscription Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
9. Electric and plug-in hybrid Vehicles
9.1 Charging levels
(a) Electric Vehicles are supplied with a minimum 80% charge level and plug-in hybrid Vehicles are supplied with a full tank of fuel and a minimum 80% charge level.
(b) When returning an electric Vehicle You must ensure that the Vehicle battery charge level is no less than 80% and if You return the Vehicle with a battery charge level of less than 80% You must pay the charging cost to bring it to that level, plus a service fee.
(c) If the Vehicle is a plug-in hybrid, when returning the Vehicle You must ensure the Vehicle battery charge level is no less than 80% and the fuel tank is full. If You return the Vehicle with a battery charge level of less than 80% You must pay the charging cost to bring it to that level, plus a service fee and if the Vehicle is returned without a full tank of fuel a refuelling charge will apply.
(d) The battery charging limit on an electric Vehicle should be set in accordance with the Vehicle manufacturer's instructions to avoid degradation and damage to the battery.
(e) You must continually monitor the available range of an electric Vehicle to ensure there is sufficient charge level to complete Your journey because there is no cover for the recovery of an electric Vehicle with a flat battery and You are liable for all towing and recovery fees.
9.2 Charging an electric Vehicle
(a) An electric Vehicle must only be charged using the cables We supply and in strict compliance with the Vehicle manufacturer’s instructions. If You use any other cable, You will be responsible for any Damage that may arise.
(b) You must never attempt to jump start an electric Vehicle with a flat battery and You must never use an electric Vehicle to jump start another vehicle.
9.3 Electric Vehicle fees
(a) Daily subscription rates do not include the cost of electricity required to charge an electric Vehicle and You acknowledge that You are responsible for payment of all charging costs.
(b) You must return the charging cables at the End of the Subscription and if they are not returned or are damaged You will be charged the replacement costs as there is no Damage Cover for lost or damaged charging cables.
10. Maintenance
10.1
During the Subscription Term We will pay for the service, parts, tyres and any other maintenance issues with the Vehicle according to the manufacturer's guidelines provided these issues were not caused by You or any Authorised Driver.
10.2
You must arrange for the Vehicle to be serviced when:
(a) the next scheduled service is due, as noted on the sticker on the inside of the windscreen;
(b) a service indicator is illuminated on the dashboard; or
(c) the Vehicle has travelled 10,000 kilometres since the Start of the Subscription or since it was last serviced, whichever comes first.
10.3
It is Your responsibility to arrange for the service to be conducted and to ensure the Vehicle is in attendance at the scheduled service date and time as a failure to have the Vehicle serviced is a Major Breach of the Subscription Contract.
10.4
In the event any scheduled service exceeds 48 hours, and on the condition that this is not as a result of any action or failure by You or an Authorised Driver, We will provide an alternate vehicle and We will take reasonable steps to supply a similar make and model to Your Vehicle.
10.5
For the avoidance of doubt, You are not permitted to undertake any maintenance to the Vehicle without Our prior written permission.
10.6
There is no compensation for any downtime or any loss of earnings whilst Your Vehicle is being serviced and You payments will not be suspended for the period of the scheduled service.
10.7
Upon reasonable notice We may require that You return the Vehicle to a Revved Depot so that We can check the condition of the Vehicle and ensure that there is no Damage and that the Vehicle is safe to operate. If a request is made You must contact Us within 48 hours to arrange a mutually convenient time for the inspection to be undertaken within ten (10) business days. You must also provide the location of the Vehicle upon
request.
11. Damage Cover
11.1 Damage Excess
(a) Standard Damage Cover is included in the Subscription Charges.
(b) Subject to these Subscription Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Subscription Agreement for each Accident or theft claim unless:
(i) You have fully completed an Incident Report Form with:
(A) the name, residential address, contact phone and licence number of any person involved (Third Party);
(B) the registration number of all vehicles involved;
(C) an accurate written and diagrammatic description of the Accident and location; and
(D) the names and addresses of all attending police officers and the stations at which they are based;
(ii) you have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
(iii) We agree You were not at fault; and
(iv) the other party was insured and their insurance company accepts liability.
11.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
11.3 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
11.4 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.
12. Damage Cover Exclusions
12.1 General exclusions
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Subscription Contract;
(ii) any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent; or
(iii) 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; or
(ii) use of the incorrect fuel type;
(e) damage to the tyres of the Vehicle, other than by normal wear and tear; and
(f) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote-control devices.
12.2 Delayed co-operation exclusion
Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay by You or any Authorised Driver in complying with Your obligations under clause 15 of these Terms and Conditions.
12.3 Exclusion for personal items
There is also no Damage Cover for personal property in the custody of or owned by:
(a) You;
(b) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees,
that is stolen from the Vehicle, lost or damaged during the Subscription Term or left in the Vehicle after the Vehicle is returned to the Revved Depot.
13 Breakdowns
13.1 Roadside assistance
(a) We will provide You with a Vehicle that is of acceptable quality but breakdowns do occur.
(b) Twenty-four-hour roadside assistance is included provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Subscription Term You must contact Us to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.
13.2 Assistance not covered
(a) We are not responsible for:
(i) a flat battery;
(ii) tyre changing;
(iii) lost keys or remote-control device; or
(iv) keys or remote-control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request.
(b) Roadside assistance does not apply if:
(i) the incorrect fuel type is used; or
(ii) the breakdown is caused by a Major Breach;
and You are liable for any Damage caused.
13.3 Consequential and other loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.
14. Termination
14.1
The Subscription Contract may only be terminated in accordance with this clause 14 .
14.2
Either party may terminate the Subscription Contract by providing no less than even (7) days' notice in writing to the other party and the Vehicle must be returned by the last day of the notice period.
14.3
If the Vehicle is returned before the seven (7) day period ends the full seven (7) days' Subscription Fee is payable. No refunds are payable if the Vehicle is returned prior to the end of the seven (7) day period.
14.4
We shall also have the right to terminate the Subscription Contract and repossess the Vehicle (and enter any premises and remove the Vehicle), and You will pay reasonable costs of repossessing the Vehicle, including towing charges at any time, without notification to You if:
(a) You have committed a Major Breach;
(b) any amounts due and payable under this Agreement fall overdue for more than fourteen (14) days;
(c) the Vehicle appears to be abandoned;
(d) the Vehicle is not returned on the agreed return date;
(e) the Vehicle is damaged and is not repaired within four (4) weeks;
(f) servicing at manufacturer specified intervals is not performed within 2,000 kilometres of the specified service interval;
(g) You or the Additional Driver is charged with drug/drink driving in the Vehicle;
(h) You or the Additional Driver has driven 30 kilometres per hour or more over the speed limit; or
(i) You or the Additional Driver permits the Vehicle to be used by a driver other than You or the Additional Driver.
14.5
In the event of such termination or repossession listed in clause 14.4 above, You have no right to a refund of any part of the Subscription Payment.
14.6
Termination of the Subscription Contract pursuant to this clause 14 does not prejudice Our ability to recover monies due and payable by You to Us under the Subscription Contract.
15. Accident and theft reporting
15.1 Reporting an Accident or theft to Us
If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
15.2 Reporting an Accident or theft to the police
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has 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;
You or the Authorised Driver must also report the theft or Accident to the Police.
15.3 Steps You must take following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) exchange names and addresses, phone numbers and email addresses with the other driver;
(b) obtain the name of the other driver's insurance company;
(c) take a photo of the other driver's licence;
(d) take the registration numbers of all vehicles involved;
(e) 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;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs; and
(f) obtain the names, addresses, phone numbers and email addresses of all witnesses;
15.4 Subsequent assistance
Subsequent to the Accident of theft You and any Authorised Driver must:
(a) forward all third party correspondence or court documents to Us within seven (7) days of receipt;
(b) co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and
(c) co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer's office; and
(ii) any Court hearing.
15.5 What you must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage as a result of an Accident, theft of
attempted theft.
15.6 Consequences of delayed co-operation
Your entitlement to Damage Cover will be reduced according to the extent We are prejudiced as a direct result of any delay in complying with:
(a) the reporting obligations in clauses 15.1 and 15.2 ; and
(b) the obligations in clause 15.4 to forward third party correspondence and court documents to Us within seven (7) days and to co-operate with Us in the investigation of any Accident of theft claim and the prosecution or defence of any legal proceedings.
16 Major Breach and its consequences
16.1 Major Breach
You and any Authorised Driver commit a Major Breach of the Subscription Contract if there is a breach of any of the following:
(a) clauses:
(i) 3 (who may drive the Vehicle);
(ii) 4 (prohibited use);
(iii) 5 (prohibited areas of use);
(iv) 6.5 (Vehicle to be locked and keys kept in your possession);
(v) 6.6 (reasonable care);
(vi) 6.7 (notification of Vehicle fault);
(vii) 6.8 (repair without authority);
(viii) 9.2 (charging an electric vehicle); or
(ix) 10.2 (maintenance),
that causes Damage, theft of the Vehicle or Third Party Loss; or
(h) clause 15 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
(i) clause 18.2(c) (removal of the Tracking Device).
16.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Subscription Contract; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred;
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.
16.3 Immobilisation of the Vehicle
Acting reasonably, if We receive alerts indicating excessive speed or driving of the Vehicle in a manner that may cause injury or harm to a member of the public or Damage to the Vehicle, We may remotely immobilise the Vehicle.
17. Personal Property Securities Act 2009 (Cth)(PPSA)
17.1
You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
17.2
You acknowledge that the Subscription Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle and that We may register the Security Interest on the Personal Property Securities Register.
17.3
If the Subscription Contract creates a Security Interest to which the PPSA applies, You agree to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed, and supplying information) within Your reasonable control and which We ask and reasonably consider necessary for the purposes of:
(a) ensuring that the Security Interest is enforceable, perfected and otherwise effective;
(b) enabling Us to apply for any registration, complete any financing statement or give any notification in connection with the Security Interest; or
(c) enabling Us to exercise rights in connection with the Security Interest.
17.4
You agree to cause any financing statements required of You pursuant to clause 17.3 to be registered at such times as reasonably directed by Us.
17.5
We need not give any notice under the PPSA (including a verification statement) unless the notice is required by the PPSA and the requirement to give it cannot be excluded, or has not been excluded by clause 17.7 .
17.6
We each agree that neither You nor We are required to, and must not, without the other party's consent, disclose any information of the kind referred to in section 275(4) of the PPSA unless section 275(7) of the PPSA applies.
17.7
We and You agree that the following provision of the PPSA do not apply to the Subscription Contract, to the extent that the PPSA permits the parties to contract out of such provisions, namely section 95 (to the extent that it requires a secured party to give a notice to the grantor), section 96, section 121(4), section 125, section 130 (to the extent that it required a secured party to give notice to a grantor, section 132(3)(d), section 132(4), section 135, section 142 and section 143.
17.8
You acknowledge and agree that:
(a) You have received valuable consideration from Us;
(b) attachment of the Security Interest to the Vehicle shall in no way be deferred or postponed;
(c) the Security Interest shall remain in force until We confirm that You have paid all amounts and performed all obligations under the Subscription Contract;
(d) You shall not grant or permit to subsist any other security interest, encumbrance or lien over the Vehicle; and
(e) You shall give Us prior written notice of any proposed change of Your name or address.
18. Privacy
18.1 Personal Information
(a) Our Privacy Policy forms part of the Subscription Contract and We are committed to complying with the Australian Privacy Principles.
(b) When We collect Your personal information, We will do so only for the purpose of providing subscription services to You. If You choose not to provide this information to Us We may not be able to provide those subscription services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
18.2 Tracking Device
(a) To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
(b) Information from the Tracking Device may be used during and after the Subscription Term. When You sign the Subscription Contract, You are authorising Us and consenting to the use of the Tracking Device.
(c) You must not tamper with the Tracking Device or remove it from the Vehicle.
18.3 Electric and plug in hybrid vehicles
(a) The technology associated with electric and plug-in hybrid vehicles means that data is generated and used in ways that are different to vehicles that are not equipped with this technology. Electric and plug-in hybrid vehicles may collect data regarding usage of the Vehicle, including charging
information, location data, diagnostic data, app data (if applicable), autopilot data (if applicable) and other general analytic data.
(b) You should read the privacy policy of the manufacturers of the specific electric or plug-in hybrid Vehicle that You hire from Us in order to understand how data generated by Your use of the Vehicle may be collected and used by the Vehicle manufacturer.
(c) By using an electric or plug-in hybrid Vehicle provided by Us, You consent to the collection of Vehicle data as set out above. You may refuse to consent to this data collection and sharing at any time, but this may prevent Us from providing You with an electric or plug-in hybrid Vehicle.
18.4 Photography consent
(a) When You sign the Rental Agreement:
(i) You acknowledge that You are granting Revved Holdings Pty Ltd permission to use Your likeness in a photograph, video, or other digital media (photo) in any and all of its publications, including web-based publications, without payment or other consideration;
(ii) You understand and agree that all photos and videos will become the property of Revved Holdings Pty Ltd, and will not be returned; and
(iii) You irrevocably authorise Revved Holdings Pty Ltd, to edit, alter, copy, exhibit, publish, or distribute photos or videos for any lawful purpose, except for the resale or use the photographs or videos in a manner that would exploit or cause malicious representation toward Your family or You.
(b) You also waive any right:
(i) to inspect or approve the finished product wherein You likeness appears; and
(ii) to royalties or other compensation arising or related to the use of the photo.
19. Notices
Any notice to be given to You or to Us shall be deemed to be given upon it being posted to the address or sent by email to You or to Us (as the case may be) at the addresses set out in the Subscription Agreement.
20 Definitions and interpretation
20.1 Definitions
In these Subscription Terms and Conditions:
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 means any driver of the Vehicle who is approved by Us and who is recorded on the Subscription Agreement prior to the Start of the Subscription.
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;
(d) towing and salvage costs;
(e) assessing fees; and
(f) 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 You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 11 , subject to the Damage Cover Exclusions in clause 12 .
Damage Excess means the amount, including GST, up to which You must pay Us 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 and includes the additional amount for younger drivers that is payable pursuant to clause 11.3 .
End of the Subscription means the date and time shown in the Subscription Agreement when the Subscription ends and by which date and time the Vehicle must be returned to Us or if no date is set, it means the last day of the notice period in clause 14.2 .
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the rate shown in the Subscription Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of the clauses described listed in clause 16 .
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is notlimited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means Damage to the Vehicle or Third Party Loss caused by:
(a) 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;
(b) objects being placed on the roof of the Vehicle; or
(c) You or any person standing or sitting on the roof of the Vehicle.
PPSA means the Personal Property Securities Act 2009 (Cth).
Privacy Policy means Our policy for the protection and handling of Your personal information which can be found at www.revved.com.au/privacy-policy/
Revved Depot means the location from which the Vehicle is subscribed, as shown on the Subscription Agreement.
Security Deposit means the amount shown on the Subscription Agreement We collect from You at the Start of the Subscription as security for the Subscription Charges and other fees and charges incurred during Your Subscription and the amount is fully refundable subject to clause 6.3 .
Start of the Subscription means the date and time that the Subscription commences as shown in the Subscription Agreement.
Subscription Charges means the charges payable for subscribing the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Subscription Agreement.
Subscription Term means the period commencing at the time shown in the Subscription Agreement and concluding at the End of the Subscription.
The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
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 the Vehicle described in the Subscription Agreement and includes its parts, tools, components, electric vehicle batteries, accessories, keys, keyless start or remote-control device, audio equipment, Tracking Device, child restraints, tools, spare tyre and first aid kit and includes any replacement Vehicle.
We, Us, Our, means Revved Holdings Pty Ltd ABN 44 632 972 055.
You, Your means the person, whether it is an individual, a firm or company or government agency that subscribes the Vehicle from Us and whose name is shown in the Subscription Agreement.
20.2 Interpretation
In these Subscription Terms and Conditions, unless the context otherwise requires:
(j) headings are for convenience only and do not form part of the Subscription Terms and Conditions or affect their interpretation; and
(k) where You comprises two or more persons each is bound jointly and severally.
