TERMS & CONDITIONS
Welcome to Lance East Exotics, an app of Lance East Exotics Pty Ltd
(ACN 650 872 021) (“Owner’s Agent”,
“we”
or “us”)
This page contains the terms and conditions by which you agree to
use our motor vehicles.
BACKGROUND:
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You acknowledge that the Owner’s Agent acts as agent for the owners of various motor vehicles.
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Where you are given access to and use of any motor vehicle by the Owner’s Agent, that access and use is
given at the discretion of the Owner and at will and on the terms and conditions set out herein.
The following
definitions apply unless the context requires otherwise:
app means the app through
which you have made a request to use a Vehicle and provided your details and other information.
Owner means the owner of
a Vehicle and where the context permits a reference to the Owner is a reference to the Owner’s Agent acting as
agent for and on behalf of the Owner.
Owner’s Representative means the person who has been nominated as the Owner’s Representative whose contact
details have been provided to you and, where the Vehicle is booked through the app are also available through
the app.
Prohibited Use has the
meaning given to that term in the Schedule.
Use Period means, in
respect of a Vehicle, each period starting from when you take possession of that Vehicle and ending when you
return that Vehicle in accordance with these terms and conditions, noting that a Vehicle may have multiple Use
Periods.
Vehicle means each motor
vehicle that the Owner’s Agent has given you access to and use of and includes the keys to that vehicle, all
vehicle parts, tyres, tools supplied with that vehicle and all other accessories and equipment in or fitted to
that vehicle at the time you take possession of that vehicle.
In these terms and
conditions, the following rules apply unless the context requires otherwise:
(a)
headings are for convenience only and do not affect
interpretation;
(b)
the singular includes the plural and conversely;
(c)
an expression importing a natural person includes any company,
partnership, joint venture, association, corporation, or other body corporate and any Government Agency;
(d)
a reference to:
(i)
a clause is a reference to a clause of these terms and
conditions;
(ii)
“including”, “for example” or “such as” when introducing an
example, does not limit the meaning of the words to which the example relates to that example or examples of a
similar kind;
(iii)
a statute, regulation, proclamation, ordinance or by law
includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating, or replacing
it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under
that statute;
(iv)
an agreement or document refers to the agreement or document as
amended, varied, supplemented, novated, or replaced, except to the extent prohibited by these terms and
conditions or that other agreement or document;
(v)
a party referred to in these terms and conditions or another
agreement or document includes the party’s successors, permitted substitutes, and permitted assigns (and, where
applicable, the party’s legal personal representatives);
(vi)
conduct includes an omission, statement and undertaking, whether
or not in writing;
(vii)
“law” includes legislation, the rules of the general law,
including common law and equity, and any judgment order or decree, declaration or ruling of a court of competent
jurisdiction or Government Agency binding on a person or the assets of that person; and
(viii)
if the day on which any act, matter or thing is to be done under
or pursuant to these terms and conditions is not a Business Day, that act, matter, or thing may be done on the
next Business Day.
(a)
You acknowledge and agree that if you are given access to and
use of a Vehicle, such access and use is given at the discretion of the Owner of that Vehicle and at will,
meaning that the Owner can demand the immediate return of that Vehicle at any time and you must abide by any
directions given by the Owner for the use of that Vehicle.
(b)
It is a condition of you having access to and use of a Vehicle
that you must:
(i)
provide the Owner with a contact mobile phone number and must be
contactable on that mobile phone number at all times during each Use Period (for the avoidance of doubt, this
means that you must only drive in locations where you have mobile network coverage); and
(ii)
comply with all of these terms and conditions.
You acknowledge and
agree that;
(a)
your use of a Vehicle is entirely at your own risk in all
respects;
(b)
a Vehicle may not be covered by any insurance (including
compulsory third party insurance, insurance for loss of or damage to the Vehicle or another person’s property or
injuries or death of any person);
(c)
a Vehicle may be subject to restrictions on where it can be
driven and if so, you have reviewed these restrictions and agrees to abide by these restrictions; and
(d)
the Owner is not responsible or liable for any loss or damage of
any kind arising in connection with the access and use of a Vehicle by you (including loss or damage to personal
possessions that you or your passengers bring into a Vehicle) from whatever cause including by theft or
accident.
(b)
You must return each Vehicle in the same condition as it was
when they took possession of the Vehicle and in particular with no damage except as notified to the Owner's
Representative in accordance with clause 3.2(a).
(c)
You must care for, use, and return each Vehicle in accordance
with these terms and conditions and in particular must:
(i)
ensure that each Vehicle is driven safely, carefully, not used
for a Prohibited Use and otherwise used in a manner so as to minimise the risks of breakdown and damage to that
Vehicle;
(ii)
make sure you use the correct fuel and check the tyre pressures,
oil and other fluids are maintained at the specified level, refilling as necessary with products that have been
approved by the Owner;
(iii)
not consume food or drink, smoke or vape in the Vehicle;
(iv)
not allow any other person to drive a Vehicle (a Vehicle must be
returned in accordance with these terms and conditions before another person can book the Vehicle as driver);
and
(v)
not allow anyone to service or repair the Vehicle without the
Owner’s prior permission.
(d)
You are responsible for and will indemnify the Owner and the
Owner’s Agent against any loss or damage of any kind arising in connection with your access to and use of any
Vehicle even if it is not your fault and even where any sensors (if installed) or other equipment are not active
or malfunctioning unless:
(i)
the damage arises from ordinary wear due to reasonable use in
accordance with these terms and conditions; or
(ii)
was caused by a third party provided you have complied with your
obligations under these terms and conditions, including clause 3.5(b).
(a)
You must comply with all:
(i)
applicable laws and regulations;
(ii)
directions given by any police officer, including any signal
from a police officer to stop driving a Vehicle and step out of a Vehicle which you must do cautiously and
safely;
(iii)
of the Owner’s policies and procedures; and
(iv)
directions given by the Owner,
relating to your use and operation of the Vehicle.
(b)
You are responsible for all fines, private parking charges, road
tolls and other similar charges (including parking fines or charges and any costs in relation to any impounding
of a Vehicle or release of a Vehicle from impounding) incurred in relation to each Vehicle during a Use Period.
The Owner may work with authorities for them to pass on notices of fines and parking charges to you.
(c)
If you are directed or signalled by a police officer to stop
driving a Vehicle or approached by a police officer in relation to a Vehicle, you must:
(i)
be polite and respectful to the police officer;
(ii)
not give any false or misleading information to the police
officer; and
(iii)
if asked why you are driving a Vehicle, confirm that the Owner
has given you permission to drive the Vehicle in your personal capacity and not as employee or agent or
otherwise on behalf of the Owner.
(d)
If the Owner receives notices for any traffic or other fines
and/or parking charges incurred during a Use Period, you authorise the Owner and its representatives to give the
relevant authorities your name, address, and drivers licence details.
(e)
You must be over the age of 30 years old and hold a current
Australian driver’s licence with less than 6 demerit points for the duration of each Use Period that:
(i)
is valid for driving each Vehicle;
(ii)
is not a learner’s permit;
(iii)
you have held for at least twelve consecutive months; and
(iv)
satisfies any other condition required by the Owner,
and provide a copy of that licence to the Owner’s Representative prior to each Use
Period.
(f)
If you do not satisfy the conditions in clause 3.3(e), you must not use the Vehicle without
first obtaining prior written approval from the Owner’s Representative.
You must not exceed the applicable speed limit or drive a Vehicle in a manner that
is considered dangerous or antisocial such as intentionally causing a Vehicle’s tyres to lose traction, causing
a Vehicle to make excessive noise or smoke or engaging in a race or speed trial on a public road or in a public
space.
(a)
If you experience any problem with a Vehicle or has any concerns
with the performance of a Vehicle (including due to mechanical failure, a warning light or if a message becomes
illuminated or displayed in the Vehicle or any other event occurs which affects the performance or safety of the
Vehicle) during a Use Period, you must stop driving as soon as practicable, park the Vehicle safely and contact
the Owner’s Representative. In these circumstances, you must not:
(i)
recommence driving the Vehicle unless directed to do so by the
Owner’s Representative; or
(ii)
move the Vehicle unless this is necessary to prevent damage to
the Vehicle or damage to other property or vehicles.
You represent and warrant that:
(a)
all information provided by you, including through the app, is
true and correct;
(b)
you are 30 years of age or older (unless approved by the Owner
in writing in advance); and
(c)
you hold a valid and current unrestricted Australian licence to
operate each Vehicle in the jurisdiction where that Vehicle is collected from and any other jurisdiction where
that Vehicle is used.
(a)
You must return each Vehicle to the agreed return location by
the date and time nominated in the app or as otherwise directed by the Owner. If you want to change the return
time or the return location or arrange for the Owner’s Representative to collect the Vehicle, you must make a
request to the Owner’s Representative who may accept or refuse that request at their discretion.
(b)
You must ensure that the Vehicle is returned with a full tank of
the correct fuel unless the Owner has agreed otherwise in writing.
(c)
You must keep each Vehicle clean and tidy during each Use Period
and ensure that it is returned in a clean and tidy state and all rubbish and other items which were not in that
Vehicle at the commencement of the Use Period have been removed. If a Vehicle is returned at the end of a Use
Period in a dirty condition or with any lingering odour including:
(i)
the smell of tobacco from smoking in the Vehicle;
(ii)
dirtiness or smell caused by having an animal in the Vehicle;
or
(iii)
excessive dirt or mud on the exterior of the Vehicle,
then you will be liable for all of the costs incurred in cleaning that
Vehicle.
(d)
You must remove all your property from a Vehicle before
returning it. The Owner is not liable for any property left in a Vehicle when it is returned.
(e)
If you do not return the Vehicle as required under these terms
and conditions (other than due to theft or an accident which prevents you from returning the Vehicle) or if you
fail to comply with a demand by the Owner to return the Vehicle:
(i)
the Owner may take steps to recover and repossess the Vehicle
where and when it is found and you authorises the Owner and its representatives to enter any premises owned or
occupied by you in order to recover or repossess the Vehicle and you agrees to make all reasonable efforts to
obtain the right for the Owner and its representatives to enter any premises to recover or repossess the
Vehicle; and
(ii)
may deem the Vehicle stolen and report it stolen and may
deregister the Vehicle in which case you will be responsible for all and any loss (including third party
personal and property damage associated with the Vehicle).
(a)
You acknowledge that:
(i)
the identity of the Owner’s Agent, each Owner and their related
entities (Owner Entities), the fact that they are the owner of any Vehicle and other information relating to
them and their affairs, images and other details of any Vehicle and the terms on which you has access to and use
of any Vehicle (Confidential Information) is private and confidential and disclosure or misuse of Confidential Information
may cause harm to the Owner Entities;
(ii)
privacy and security are of paramount importance to each Owner
Entity;
(iii)
certain persons related to the Owner Entities are prominent
public persons whose reputations are of particular sensitivity and disclosure of Confidential Information may
cause embarrassment, injury or impairment to reputation, the invasion of their privacy or a risk to their
security to which they are entitled, and which is of the utmost importance to them; and
(iv)
damages may not be an adequate remedy for any harm arising from
the disclosure or misuse of Confidential Information and the Owner Entities are entitled to seek specific
performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach of this clause
4 in addition to any other remedies available at law or in equity.
(b)
You agree to:
(i)
keep confidential and not to use or disclose Confidential
Information (including publishing any images or other information which contain Confidential Information in any
form, on any platform including social media) without the prior written consent of the Owner unless disclosure
of Confidential Information is required by law and then only make the minimum disclosure required by such law;
and
You consent to the Owner collecting, using, disclosing to third parties, and
transferring overseas to any of its affiliates your personal and sensitive information for the purpose of these terms and conditions and for purposes related to that
purpose.
(a)
Any notice given in connection with these terms and conditions
shall be:
(i)
delivered by hand;
(ii)
sent by express post; or
(iii)
sent by email;
to the address of the party concerned as appearing herein or at such other address
as a party may designate to the other in writing from time to time.
(b)
A notice shall be deemed to have been duly given:
(i)
if it is delivered by hand, on the date of delivery;
(ii)
if sent by express post, four days after posting; or
(iii)
if sent by email, at the time shown in the delivery confirmation
report generated by the sender’s email system which indicates that the email was sent to the recipient’s email
address,
provided that, if the notice is deemed to have been received on a day that is not a
business day in Western Australia, it will be deemed to have been received on the next business day.
These terms and conditions bind you notwithstanding:
(a)
the information provided in the app or any other document by any
person is invalid, forged, or irregular in any way; or
(b)
any term or condition or any other document is or becomes
unenforceable, void, or voidable against any person.
You acknowledge and
agree that the Owner’s Agent holds the benefit of these terms and conditions for itself and also for each owner
of a Vehicle and the Owner’s Agent may enforce these terms and conditions on behalf of any of them.
7.3
Costs
You must pay any
amounts payable under these terms and conditions and for your use of a Vehicle on demand by the Owner.
You must, at your
own expense, whenever requested by the Owner’s Agent, promptly do, or arrange for others to do everything
necessary or desirable as required under these terms and conditions.
(a)
Subject to clause 4(b)(ii) and 7.5(b), these terms and conditions contains the entire agreement between the parties with
respect to its subject matter and supersedes all prior agreements, arrangements and understandings between the
parties in connection with it.
Your obligations
under these terms and conditions are personal. They cannot be assigned, encumbered, or otherwise dealt with and
you will not attempt, or purport, to do so.
No failure to
exercise nor any delay in exercising any right, power or remedy by the Owner’s Agent operates as a waiver. A
single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that
or any other right, power or remedy.
Any provision of
these terms and conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that
jurisdiction to the extent of the prohibition or unenforceability. That does not
invalidate the remaining provisions of these terms and conditions nor affect the validity or enforceability of
that provision in any other jurisdiction.
These terms and
conditions are governed by the laws of Western Australia and the Commonwealth of Australia. You submit to the
non-exclusive jurisdiction of courts exercising jurisdiction in Western Australia in connection with matters
concerning these terms and conditions.
Schedule – Prohibited Use
Prohibited Uses of a
Vehicle are:
(a)
you or your passengers act recklessly or with deliberate intent
to cause loss or damage to a Vehicle;
(b)
a Vehicle is damaged in the following ways:
(i)
you caused the Vehicle to roll, tip or fall over and this has
caused damage to the side and/or roof area of that Vehicle;
(ii)
you caused undercarriage damage to that Vehicle;
(iii)
a person sits or stands on the roof of that Vehicle; or
(iv)
you caused damage above the windscreen line to the front, rear
or side of that Vehicle including damage caused by striking overhead or overhanging objects (such as trees and
bridges or entering carparks with insufficient clearance) or securing luggage or other items to that Vehicle’s
roof causing damage;
(c)
you drive the Vehicle with a flat tyre, ignores a warning light,
puts the wrong fuel in the Vehicle or loses any key to the Vehicle;
(d)
you drive the Vehicle while under the influence of any drug,
substance, or intoxicating liquor;
(e)
the fitting of objects to the interior or exterior of the
Vehicle that are not authorised by the Owner;
(f)
failing to take reasonable precautions to safeguard the Vehicle
such as leaving windows open or keys in the vehicle, or failing to use the anti-theft system (if
provided);
(g)
the Vehicle is used for committing an illegal or unlawful
act;
(h)
the use of the Vehicle by a person who was not authorised by the
Owner as a driver of the Vehicle or did not meet your requirements set out in these terms and conditions or
otherwise prescribed by the Owner;
(i)
the use of the Vehicle on a racetrack or for racing or
undertaking reliability trials, rallies, or other contests (except as approved by the Owner in writing in
advance);
(j)
the Vehicle is sub-rented, transferred or sold;
(k)
the Vehicle is used to carry passengers or to carry cargo, for
hire, reward, or remuneration;
(l)
the Vehicle is used for hauling any goods that are incorrectly
or inappropriately loaded or for the haulage of which the Vehicle was not designed (including any hazardous
materials, such as any gases or substances which may form explosive mixtures);
(m)
the Vehicle is used for towing a trailer or any other vehicle,
unless the Vehicle has a towbar fitted by the Owner, the Owner has authorised you to tow a trailer or other
vehicle and provided the weight and dimensions of the item being towed do not exceed the specified capacity of
the Vehicle as specified by the Owner in writing;
(n)
the Vehicle is overloaded with passengers and/or baggage;
(o)
the Vehicle is driven on a beach or through a flooded road or
otherwise through a body of water (including a pothole, ditch, or riverbed), or natural disaster which could be
avoided including fire, storm, or cyclone;
(p)
the Vehicle is driven in restricted areas, including airport
service roads and associated areas (unless specified in writing by the Owner), or on a road prohibited by the
Owner or off-road (e.g., on fire trails, tracks, fields, or paddocks);
(q)
the Vehicle is used in a manner that, in the Owner’s opinion,
creates publicity for the Owner or brings the Owner into disrepute or publicly associates the Owner with any
particular political, religious, promotional or activist position; and
(r)
the Vehicle is driven on unsealed roads (unless the Vehicle is a
4WD and the use has been agreed to in advance by the Owner).