MEMBER AGREEMENT

Last Modified: 1 July 2024

IMPORTANT INFORMATION ABOUT MEMBER AGREEMENT

Please read this Member Agreement carefully. If there is anything that you do not understand, please

to be bound by it if you submit a Membership Application and it is accepted by us.

Your consumer guarantee rights under Australian Consumer Law (ACL)

Uber Carshare’s Service of facilitating peer-to-peer car sharing come with consumer guarantees that cannot be

excluded under the Australian Consumer Law.

Uber Carshare’s liability under this Agreement

Our liability to you is limited in respect of the Services we provide to you as a Member. If we are liable for the

Services, our liability will be:

● limited to supplying the Services or any related goods again or paying the cost of having the Services and/or

related goods supplied again; and

● capped at the amount of the Services and related goods provided to you under this Agreement.

These limitations of liability are subject to any applicable laws, including the Australian Consumer Law (see

clause 5).

In addition, to the extent possible under law:

● we do not control the condition of any Vehicle, the actions of any Member, or information provided by

Members (see clause 5.2).

● we will not be liable to you for any liability related to your interaction with other Members, your use of another

Member’s Vehicle or a Member’s use of your Vehicle and your use of any Vehicle via the Service is at your

own risk (see clause 5.3) and any legal claim or remedy under a vehicle rental contract or for action or

inaction of Members or third parties must be brought against the particular Member or third party (see

clauses 5.4, 7.7).

● we are not liable to provide any compensation or reimbursement for costs or losses you incur as a result of a

Vehicle not operating or being unavailable for any reason (see clause 11.16)

Are there any indemnities in the Agreement?

Yes. There are various indemnities provided by you to us which exclude our liability as the provider of the

Services. This includes liability for:

- any loss or damage we suffer because of any information you provide to us (clause 2.4).

- any claim for loss or damage to any personal property left in a Vehicle (clause 9.9).

- any costs we incur recovering unpaid monies from you (clause 19.6).

Your liability under this Agreement

Generally speaking and subject to some limitations, as a Borrower, you are responsible to the Owner and to us

for all damage and loss to a Vehicle whilst you have possession of it and for related costs and fees – see

Damage Policy and Fee Schedule for further information about this (see clause 9). You must also pay all

Infringement Notices for the parking or driving of a Vehicle whilst you have possession of it (see clause 15).

Your Member ID

You will be issued with a Member ID to access the Member-only area of our Website. You must keep your

Member ID and password confidential and secure. You will be liable for any use of the Website including the

Booking System that is made using your Member ID (see clause 7.8).

Additional fees

In addition to the Fees and Charges payable in connection with your Membership or your use of the Service, you

may also be required to pay certain charges for other matters such as when you cancel Bookings, traffic and

parking infringements, vehicle cleanliness, distance charges for failing to upload valid photos of a Vehicle’s

odometer etc, as outlined in the Fee Schedule – Inconvenience and Admin Fees section of the Website

(https://help.ubercarshare.com/hc/en-gb/articles/360001149986). Also, if you fail to pay amounts owing within the

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required time, we reserve the right to charge you a reasonable handling fee as outlined in the Fee Schedule and

we may suspend the Service or cancel your Membership (see clause 19.5) with written notice.

In what circumstances can your membership or access to Uber Carshare’s Service be suspended or

cancelled or this Agreement terminated?

Uber Carshare can suspend or cancel your membership if you are not eligible to continue as a member (clause

3) or as outlined in clause 24, which includes where you commit a material breach of the Agreement, the Owner

Guarantee or a Policy, or commit an illegal, dishonest or wrongful act.

Can we provide information that can identify you to other organisations?

Yes. We can use information you provide about yourself to verify your identity or to perform credit checks if we or

an affiliate provide you with credit (see clause 2.1(b), clause 2.4). We can also make some information from your

Member profile available to other Members if you make a Booking for their Vehicle (see clauses 7.4, 21.3). We

can also provide your information to an Owner in connection with an infringement notice and notifying the

relevant authority of your details (see clause 15.2).

Acknowledgement of commissions paid to us by Owners (link here:

https://help.ubercarshare.com/hc/en-gb/articles/205066669-Sharing-plans-for-renting-out-your-car#our-commissi

on)

We take a commission on the time income generated by an Owner’s Vehicle whilst using the Service, that is, the

hourly and daily rates that an Owner sets for the use of their Vehicle by you as a Borrower. The commission

varies depending on the sharing plan chosen by an Owner. We don’t charge a commission on the distance rate

that an Owner sets for their Vehicle as this income is intended to cover an Owner’s fuel and other running costs.

Commission paid to us by Owners support the Services we offer them and in turn, you as a Borrower. You

acknowledge that you are entering into the Member Agreement with us having been informed about the financial

arrangement between Uber Carshare and third party Owners.

Important note for Owners: Refer to page 25 and following for the Owners Agreement which sets out additional

terms and conditions and forms part of your Member Agreement, if you are an Owner and you apply to List a

Vehicle for Sharing through our Service.

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1. PARTIES

This Agreement is between:

Uber Carshare Pty Ltd. ACN 609 590 463 (“we”, “us”);

Uber Technologies, Inc. (“Uber”); and

The Member (“you”).

2. APPLYING FOR MEMBERSHIP

2.1 You can apply for Membership using the online application form on the Website. By

submitting a Membership Application, you agree that:

(a) you meet the Eligibility Requirements set out at clause 3.1 when you submit the

Membership Application; and

(b) We or Carshare Support may provide credit to you to make use of the Service and

as such, you consent to us or Carshare Support communicating with a credit

reporting agency in the manner described in Schedule 1.

2.2 You must inform us immediately if you cease to meet any of the Eligibility Requirements.

2.3 We may accept or reject any Membership Application at our discretion.

2.4 You warrant that all information provided by you to us or any of our Affiliates in your

Membership Application or at any time while you are a Member is true and correct, current

and up to date..

2.5 You permit us and our Affiliates to verify your identity, including using the Document

Verification Service (‘DVS’) to confirm that the personal information you provide match the

information held by the agency which issued that document. Our use (and our Affiliate’s use)

of DVS to verify your identity may involve the use of third party systems and services. You

can find more information about DVS by visiting the DVS website

http://www.dvs.gov.au/Pages/default.aspx;. You indemnify us and our Affiliates for any claim

or loss that we or any of our Affiliates suffer as a result of any information that you provide to

us or our Affiliates being incorrect or misleading in any way, whether intentionally or

otherwise, except to the extent that any such claim or loss has been caused or contributed

to by our negligence or wrongful act or omission.

2.6 If you agree to these terms on behalf of a company or other legal entity, you represent and

warrant that you have the authority to bind that company or other legal entity to these terms

and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

2.7 This clause 2 and clause 3 below apply from the time you submit a membership application.

The rest of this Agreement applies when we give you notice that your Membership

Application is accepted.

3. MEMBER ELIGIBILITY CRITERIA

3.1 To become a Member and to continue to be a Member, you must:

(a) be at least 18 years old and no more than 85 years old (noting, however, that

Members who are under 21 years of age may only drive a restricted range of

vehicles with a minimum driver age less than 21);

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(b) have no driver’s licence suspensions or disqualifications, major motor vehicle or

driving violations or alcohol/drug related driving or traffic incidents in the past 5

years;

in any jurisdiction;

(d) hold a full, current and unrestricted driver’s licence (unless, if you are an Owner,

otherwise agreed in writing);

(e) have an appropriate credit or debit card with sufficient funds to cover any Fees and

Charges that you may incur in relation to your use of the Service; and

(f) have a satisfactory credit history as reported on your credit record.

3.2 You must immediately disclose to us any driving or traffic incidents or motor vehicle or

driving violations that might affect your eligibility for Membership. If you do not wish to

disclose any such incident or violation, you must withdraw your Membership Application or

cancel your Membership immediately.

3.3 We can immediately suspend or cancel your membership at any time by providing you with

notice by email if we determine you are not eligible to continue as a Member and the

provisions in clause 24 will apply.

4. INCORPORATION OF POLICIES; CHANGES TO THIS AGREEMENT

4.1 These terms, together with the Policies and the Fee Schedule, form your written agreement

with us. You must be familiar with the Policies and comply with them at all times while using

the Service.

4.2 If you are an Owner, the terms contained in the section titled ‘Owner Agreement’ and in the

Owner Guarantee also form part of your written agreement with us.

4.3 If there is any inconsistency between the terms of the Agreement and the Policies, the Fee

Schedule or the Owner Agreement, the terms of the Agreement will prevail to the extent of

any inconsistency.

4.4 We may amend the terms of the Agreement (including the Policies and Fee Schedule), from

time to time. We will provide you with at least 30 days’ notice in the event of a material

change to the Agreement that detrimentally affects your rights under these terms.

Amendments will be effective upon posting of the changes on the Website. Your continued

access or use of the Services after such posting, or after the expiry of the notice period

(whichever is later), constitutes your consent to be bound by the Agreement, as amended. If

you do not agree to the changes, you may cancel your Membership in accordance with

clause 24 and if you do so within 30 days of a change to the Agreement, we will refund any

membership fees that you have paid that relate to the period after the cancellation date. For

the avoidance of doubt, changes to the terms of this Agreement including the Policies and

other documents above will not apply to any Bookings that were made and accepted

through the Booking System before or during the 30 day notice period.

4.5 You acknowledge and agree that any of our Affiliates may exercise any of our rights and

perform any of our obligations under the Agreement, and our Affiliates may benefit from your

observance of or performance under the Agreement. We will be responsible for our Affiliates

in performing our obligations under the Agreement, and we may enforce the Agreement

even if our Affiliates benefit from your performance under the Agreement.

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5. USE OF THE SERVICE

5.1 We provide the Service to facilitate the sharing of vehicles. Vehicle hire or rental services

are provided by Owners to Borrowers under a separate contract, the terms of which are

informed by these terms. We may act as an agent of Owners or Borrowers under that

separate contract, as provided for in these terms.

5.2 We do not (nor do any of any Affiliates) control the condition of any Vehicle, the actions of

any Member, or the information provided by you or other Members and included in any

Member Profiles or otherwise made available to you. You are solely responsible for your

actions and inactions in relation to your use of the Service and your interactions with other

Members.

5.3 You acknowledge and agree that we (and our Affiliates) are not liable for, and disclaim any

liability related to, your interaction with other Members, your use of other Members’ Vehicles

or other Members’ use of your Vehicle, or any Member’s action or inaction, with respect to

the Service. You use any Vehicle made available through the Service at your own risk. To

the maximum extent permitted by law, we do not (nor do any of our Affiliates) owe you a

duty of care, and we and our Affiliates disclaim all responsibility or liability to you, any

passenger or third party (howsoever arising) resulting from any Accident, breakdown or any

other failure of a Vehicle.

5.4 By using the Service, to the maximum extent permitted by law, you agree that any legal

claim or remedy that you seek to make or obtain under a contract for Vehicle rental services,

or for actions or omissions of other Members or third parties will be limited to the particular

Member or third party and you agree not to attempt to claim against or impose liability on or

seek any legal remedy from us or our Affiliates with respect to such matters. If you have a

dispute with or claim against one or more Members, you release us and our Affiliates (and

our and their officers, directors, agents, and employees) from liability (howsoever arising,

whether under contract, tort, statute or otherwise) in any way connected with such disputes

or claims.

5.5 The Service, including the Booking System, that we provide to Members comes with

consumer guarantees under the Australian Consumer Law in the Consumer and

Competition Act 2010 (Cth) that cannot be excluded by this Agreement. Nothing in this

Agreement affects, excludes, restricts or modifies your statutory rights as a consumer.

5.6 For the avoidance of doubt, we do not exclude, restrict or modify any liability that cannot be

excluded, restricted or modified, or which cannot be excluded, restricted or modified except

to a limited extent, as between us and you by law including liability under the Competition

and Consumer Act 2010 (Cth). However, where such statutory provisions apply, to the

extent to which we are entitled to do so, our liability will be limited at our option to:

(a) in the case of a supply of goods which are supplied by us or one of our Affiliates to

you:

(i) the replacement of the goods or supply of equivalent goods;

(ii) the payment of the cost of replacing the goods or acquiring equivalent

goods;

(iii) the payment of the cost of having the goods repaired; or

(iv) the repair of the goods; and

(b) in the case of services given or provided by or on behalf of us:

(i) the supply of the services again; or

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(ii) the payment of the cost of having the services supplied again.

5.7 We give no warranties beyond the consumer guarantees except where they are expressly

set out in this Agreement and, subject to clause 5.6, all terms, conditions, warranties and

representations that might otherwise be granted or implied by law, are hereby expressly

excluded.

5.8 In particular, to the extent not prohibited by law, you acknowledge that:

(a) with the exception of a major failure that continues un-remedied for 48 hours, the

delivery of the Services (including the availability of the Booking System) is not

time critical. We will supply the Services within a reasonable time, and we give no

other warranty or guarantee in relation to the availability of the Service (including

the Booking System), or that access to the Service (including the Booking System)

will be free from interruptions or errors.

(b) the Services depend upon telecommunications, cloud storage and other services

delivered to us, our Affiliates and Members by third parties, the availability of which

we cannot control.

comply with a consumer guarantee, we will not be liable for any damage, loss or

cost that is not reasonably foreseeable.

5.9 To the extent permitted by law, our liability in contract, tort (including negligence or breach of

statutory duty), by statute or otherwise, in aggregate for all claims arising under or in

connection with this Agreement, must not exceed the total dollar amount of the Services

provided to you pursuant to this Agreement.

5.10 To the extent permitted by law, neither you nor us will be liable for any loss, cost, damage or

expense to the extent that it is for loss of use, production, profit, income, business, contract

or anticipated saving, or for any delay, financing costs or increase in operating costs or any

other financial or economic loss financial loss or cost (whether similar to the foregoing or

not, and whether suffered by a party itself or a result of a claim by a third party) or for any

special, indirect or consequential loss or damage.

5.11 We or our Affiliate may offer to issue discretionary risk protection products to Members in

relation to the car-sharing activities. Any financial services including protection products in

relation to the Service are offered as an authorised representative of an Australian financial

services licence holder. We or our Affiliate acts as a manager to Mobility Mutual Limited, the

issuer of discretionary risk products including TripCover and Between-Booking Cover. It has

authority from the product issuer to manage claims for damage to Vehicles but is not

financially liable for payment of claims. The terms and conditions for membership of Mobility

Mutual and the terms and conditions for the discretionary risk product will be provided to you

separately when an offer of membership and protection is made by Mobility Mutual.

6. USE OF LOCKBOX SYSTEM AND VEHICLE KEYS

6.1 For each Booking you make for an Instant Keys Vehicle, you will be issued with a PIN that

enables you to access the keys from the Lockbox, or enable you to unlock the Vehicle using

your phone. You must:

(a) keep the PIN and your phone secure;

(b) keep the keys secure throughout the Booking Period until you return them to the

Lockbox at the end of the Booking Period;

the Vehicle without our written consent; and

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(d) use the PIN or your phone only to access a Vehicle for which you have a valid

Booking.

6.2 For each Booking you make for a Key Handover Vehicle, you must arrange to collect the

keys as instructed by the Owner. You must:

(a) keep the keys secure throughout the Booking Period until you return them as

directed by the Owner at the end of the Booking Period; and

(b) not allow any person other than a Member to access the Vehicle without our

written consent.

7. MEMBER PROFILES; USE OF THE WEBSITE AND BOOKING SYSTEM

7.1 Subject to the terms and conditions of this Agreement, Uber hereby grants you a

non-exclusive, non-transferable, non-sublicensable, non-assignable royalty-free and fee-free

license, during the term of this Agreement, to use the Website and the Booking System for

the purpose of accessing our Services, making valid Bookings, car-sharing with other

Members, and tracking associated payments. Uber, its Affiliates and respective licensors

reserve all rights not expressly granted in this Agreement. The Website and Booking System

(including all intellectual property rights in all of the foregoing) are and remain the property of

Uber, its Affiliates or respective licensors.

7.2 You agree that you will not use Uber’s trade marks, service marks, or trade dress or any

similar names, marks, or trade dress, including, but not limited to UBER CARSHARE or

CAR NEXT DOOR, (“Uber’s Marks”), aside from use incidental to your use of the Services,

without express, written permission from Uber. This prohibition on using Uber’s Marks

includes, but is not limited to, use in domain names, websites, and social media accounts.

7.3 You may not:

(a) remove any copyright, trademark or other proprietary notices from any portion of

the Service, the Website, or the Booking System;

(b) reproduce, modify, prepare derivative works based upon, distribute, license, lease,

sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast

or otherwise exploit the Services, the Website, or the Booking System except as

expressly permitted by Uber;

except as may be permitted by applicable law;

(d) link to, mirror or frame any portion of the Website or the Booking System;

(e) cause or launch any programs or scripts for the purpose of unduly burdening or

hindering the operation and/or functionality of any aspect of the Services, the

Website, or the Booking System; or

(f) attempt to gain unauthorized access to or impair any aspect of the Services, the

Website, or the Booking system, or any of its related systems or networks.

7.4 A Member Profile for you will be created using the information that you provide in your

Membership Application or by any other method. This Member Profile will be accessible to

you via the Member-only section of the Website. Some information from your Member

Profile, such as your profile photo, first name, contact details and reviews, may be made

available to other Members if you make a Booking for their Vehicle.You are responsible for

updating and maintaining the currency of your own Member Profile on the Website.

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7.5 You warrant that any text, images or other content that would constitute intellectual property

of any nature (“Materials”) that you include in your member profile or otherwise provide to

us or our Affiliates does not infringe on the intellectual property rights of any third party. You

grant us a non-exclusive, irrevocable, worldwide, assignable, sub-licensable perpetual

licence for no charge to use any Materials that you produce or provide, for the purpose of

operating and marketing the Service.

7.6 We our our Affiliate will take reasonable steps to verify, at the time that a Member is

accepted for Membership, that he or she has a current driver licence and that any Vehicle

that he or she makes available for sharing is appropriately registered. However, we do not

guarantee the completeness or correctness of this or any other information that Members

provide. We and our Affiliates) will not under any circumstances be liable for any loss or

damage resulting from or arising in connection with any errors, inaccuracies or

misrepresentations in your Member Profile or any other Member’s Member Profile.

7.7 You will be issued a Member ID for accessing the Member-only areas of the Website. You

must keep your Member ID and password confidential and secure. Subject to your rights

under applicable laws, you will be liable for any use of the Website, including the Booking

System, that is made using your Member ID, except to the extent that our negligence or

wrongful act or omission contributed to or caused this use.

8. ACCEPTANCE AND CANCELLATION OF BOOKINGS

8.1 You agree to make arrangements for sharing another Member’s Vehicle only through the

Booking System.

8.2 The minimum Booking Period is one hour. For Vehicles that are parked in marked ‘car share

parking’ bays, the maximum Booking Period is 4 days.

8.3 You must:

(a) confirm the beginning and end times of any Booking that you make before you

begin using a Vehicle;

(b) only use another Member’s Vehicle during the period for which you have a

confirmed Booking;

in connection with your Booking (even if you do not use the Vehicle for part or all of

the Booking Period) unless you cancel the Booking, in which case clause 8.5

applies; and

(d) pay the charges set out in the Fee Schedule if you use the Vehicle outside of the

period for which you have Booked the Vehicle or fail to return the Vehicle and its

key to the proper location at the agreed time.

8.4 We may, on behalf of a Member whose Vehicle you have Booked, cancel that Booking

(either before the Booking commences or during the Booking Period), if we are unable to

take a pre-payment or deposit on your Card, or to collect payment instalments that are

payable for a long Booking in accordance with clause 17.3.

8.5 If you cancel a Booking, you may be required to pay charges for part or all of the Booking,

as set out on the Website (see Fee Schedule - Inconvenience and Admin Fees

https://help.ubercarshare.com/hc/en-gb/articles/360001149986).

9. LIABILITY FOR DAMAGE AND LOSS

9.1 If you Borrow a Vehicle, you must return it in the same condition that it was in at the start of

the Booking.

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9.2 You are responsible to the Owner and to us for all Damage and Loss that occurs while you

have possession of the Vehicle (regardless of whether you caused that Damage and Loss)

and for related costs and fees as set out in the Damage Policy and Fee Schedule.

9.3 If you Borrow a Vehicle, you must take and provide to us with a complete and clear set of

photographs of the Vehicle when you take possession of the Vehicle and when you cease to

have possession of the Vehicle showing all exterior and interior surfaces of the Vehicle, in

accordance with the Damage Policy. Failure to do so may mean that you will be deemed

under the Damage Policy to have caused, and be liable to the Owner and us for, any

Damage and Loss or untidiness to the Vehicle, even if that Damage and Loss or untidiness

may have occurred before or after you took possession of the Vehicle. You acknowledge

and agree that this system of recording the condition of shared Vehicles and attributing

responsibility for damage is a reasonable and necessary condition of your participation in

the Service. You agree that it is your responsibility to prove that the Vehicle was not

damaged whilst in your possession, and not the Owner’s or our responsibility to prove that it

was damaged whilst in your possession.

9.4 If you are an Owner, you must inspect the Vehicle regularly (including at the end of each

Booking Period and otherwise minimum weekly) and report to us any damage to the

Vehicle, in accordance with the Damage Policy.

9.5 Subject to clause 10:

(a) If Damage and Loss occurs during a Borrower’s possession of the Vehicle, then, in

respect of each single Event (being an event that occurs at the same address and

time), the Borrower is liable to the Owner for, and will be charged:

(i) subject to clause 9.6, the reasonable costs of rectifying the Damage and

Loss ;

(ii) a loss-of-use payment to the Owner for each day that their car is

unavailable, calculated on the basis set out in the Damage Policy; and

(iii) other applicable fees as set out in the Fee Schedule that arise from and

are directly related to the Event

for each single Event.

(b) Subject to 9.6, If Damage and Loss is identified or reported to us in connection

with your possession of the Vehicle, we may charge your Card for our account for

the amount that we estimate, in good faith and acting reasonably, will be sufficient

to cover your Damage and Loss Liability, which, prior to the Damage and Loss

being assessed and quantified by a qualified repairs person, will be an estimate of

the Damage and Loss.

9.6 If you are a Borrower who has Trip Cover for the Booking Period:

(a) you must comply with the conditions in the Trip Cover PDS and make a claim to

Mobility Mutual for protection under the Trip Cover PDS if you are liable for

Damage and Loss under this Agreement.

(b) If you fail to make a claim under Trip Cover within 3 business days of Damage and

Loss being reported to us, then you authorise us to act as your agent and to make

a claim in your name, and we will notify you in writing of this action.

we will charge your Card on behalf of Mobility Mutual to pay your Excess, and

Mobility Mutual will pay the remaining amount of your Damage and Loss Liability

up to the Protection Limit in accordance with the terms and conditions contained in

the TripCover PDS.

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(i) If the Damage and Loss Liability is:

(A) less than your Excess, we will charge your Card the estimated

cost of the Damage and Loss Liability, and promptly notify you

of the same; or

(B) equal to or exceeds your Excess, we will charge your Card the

Excess only, and promptly notify you of the same.

(d) If the claim for protection under Trip Cover is denied by Mobility Mutual, or if it

appears to us that one or more of the exclusions to Trip Cover applies, we will

charge your Card, for the Owner’s account, for the full amount of your Damage

and Loss Liability estimated amount. You will be promptly notified of the details of

the Damage and Loss and the amount to be charged. With the exception of any

reasonable fees relating to our handling of the matter as advised by us or set out

in the Fee Schedule - Inconvenience and Admin Fees, we collect these amounts

as the Owner’s agent.

(e) If you are required to pay the full amount for your Damage and Loss Liability and

you dispute the Damage and Loss Liability or the amount charged, you must still

pay the amount determined under clause 9.6(e) and contact us. We will address or

assist you to resolve the dispute in accordance with the Complaints and Dispute

Resolution Policy. We may do so on behalf of an Owner if a disputed amount is

owed to or has been paid to the Owner, or you may be asked to attempt to resolve

the dispute directly with the Owner. If the dispute is resolved in your favour, we will

return the disputed amount to you within a reasonable period of time.

(f) If you are required to pay the full amount for your Damage and Loss Liability and

the actual costs of, or associated with, the Damage and Loss are less than the

amount that you have been charged pursuant to the initial Damage and Loss

estimate, or if we subsequently recover the costs from Mobility Mutual or from any

third parties who may have been at fault, then we will reimburse the difference to

your Card within a reasonable time after all costs have been fully quantified and

forward to you an invoice for the final amount. Alternatively, or if the actual costs

exceed the amount that you have been charged, then we will charge your Card,

either for our account or for the Owner’s account, with the outstanding amount and

promptly notify you of the same.

9.7 If Damage and Loss to the Vehicle from hail, flood, fire, storm, cyclone or other natural

disaster occurs during a period when you have possession of the Vehicle, you must report

the Loss or Damage via the Website as soon as reasonably possible and no more than 7

days after it occurs.

9.8 You (whether as Owner or Borrower) agree to indemnify us and our Affiliates for any claim

made against us or any of our Affiliates for loss of or damage to any personal property that

is connected with your use or possession of a Vehicle, or the use or possession of your

Vehicle, including personal property left in the Vehicle.

10. USE OF VEHICLES

10.1 If you are a Borrower, then at the start of a Booking Period, and before driving the Vehicle,

you must:

(a) check that the Tolling Device is in the Vehicle (for Instant Keys Vehicles listed in

NSW, VIC and QLD only);

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(b) check that the fuel gauge shows at least ¼ full (and, if it is not, take a photo of the

fuel gauge and submit it to us by email or through the Website;

(d) take photographs that clearly show all exterior and interior surfaces of the vehicle

(and upload these photos in accordance with the Damage Policy); and

(e) for Key Handover Bookings, take and upload photos of the Vehicle’s odometer.

10.2 If you are a Borrower:

(a) you must not attempt to access a Vehicle without a valid Booking for that Vehicle;

and

(b) you must not permit any person other than a Member to drive a Vehicle that you

have booked.

10.3 You must not operate the Vehicle if your driver licence has expired, has been suspended or

is of a category that does not permit you to drive the Vehicle.

10.4 You must not tamper or interfere with any Lockbox System or Tolling Device (and must not

permit or suffer any other person to do so).

10.5 You must not (and must not permit or suffer any other person to):

(a) operate any device that requires the use of one or both hands while driving,

including but not limited to mobile phones, mobile computers, or devices that allow

texting;

(b) carry cargo or baggage that damages the Vehicle or exceeds the Vehicle’s

carrying capacity;

designed to carry or the number of available seat belts;

(d) carry passengers or property for hire, fare or reward, unless you are the Owner of

the Vehicle (in which case, you must obtain separate insurance to cover that

activity);

(e) pick up hitchhikers or persons unknown to you;

(f) transport any inflammable, hazardous, toxic, volatile, poisonous, dangerous or

illegal substances or items;

(g) drive the Vehicle while under the influence of alcohol or drugs or both to the extent

that you are incapable of having proper control of the Vehicle or while your blood

alcohol content or the level of drugs present in your blood exceeds the limit

specified by the law of the state or territory in which the Vehicle is driven;

(h) use the Vehicle for or in connection with any illegal activity;

(i) use the Vehicle in contravention of any traffic regulations;

(j) use the Vehicle in an unsafe or unroadworthy condition;

(k) engage in any motor sport, time trial, competitive driving or racing or off-road

driving;

20240201_1 9

(l) use the Vehicle to push, propel or tow another car, trailer or any other thing, unless

you are the Owner of the Vehicle or an Additional Driver;

(m) use the Vehicle in any way that is reckless, illegal, abnormal or likely to damage

the Vehicle or cause a danger to persons or property;

(n) sell, rent or dispose of the Vehicle or any of its parts, or attempt to give anyone

legal rights over the Vehicle or any of its parts, unless you are the Owner;

(o) refuse to undergo any breath or blood test or drug impairment assessment when

reasonably requested by the police;

(p) smoke, vape or use e-cigarettes in a Vehicle;

(q) allow any animals (other than certified assistance animals) to enter a Vehicle that

is not designated pet-friendly, or carry an animal in pet-friendly car without an

appropriate carrier; or

(r) place stickers, signs, symbols, or other devices, modifications, advertisements or

publicity materials on the interior or exterior of the Vehicle without our permission,

which will not be unreasonably withheld.

11. ACCIDENTS, THEFT AND BREAKDOWNS

11.1 If you are a Borrower and a Vehicle breaks down or is involved in an Accident or is stolen

during your Booking Period, you must follow the reporting, claims processing, and repair

procedure set out in the Damage Policy and in this clause 11.

11.2 You must report any Accident or theft to us as soon as reasonably possible after the

Accident or theft occurs, even if you are not sure whether the Vehicle or other property has

been damaged. Reports should be made through the Help Centre on the Website unless

you are told to report it in another way. You must report theft 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 Accident or theft, and deliver a correctly completed

Collision or Damage Report Form, including any police witness statements or reports, to us

within 48 hours after the Accident, theft or request.

11.3 You must provide us with all reasonable assistance (at our cost and reasonable direction) in

respect of any claim or action brought in respect of any Accident or theft of the Vehicle,

including attending court to give evidence, and tell us about any other insurance or other

claim that may be relevant to the claim.

11.4 You must not make any admission of liability, offer of compromise, payment, settlement,

waiver, release, indemnity or any other admission (other than a true statement made under

compulsion of law) in relation to an Accident or theft without our prior written consent.

11.5 You must promptly give us any papers or other documents that you receive concerning an

Accident or theft and take reasonable steps to ensure that any other person who receives

any such papers or documents concerning the Accident or theft provides those papers and

documents promptly to us.

11.6 By entering into this Agreement, you consent to and authorise us and our Affiliates to obtain

copies of any police witness statements or reports made or able to be obtained by you in

relation to the Accident, theft of the Vehicle or police charges against you.

11.7 Where we request information acting on behalf of Mobility Mutual, you agree to share it for

the purposes of assessing a claim under your Trip Cover or Between-Booking Cover.

20240201_1 10

11.8 Upon any warning lights or messages becoming illuminated or displayed in the Vehicle, or if

you become aware of any mechanical fault with the Vehicle, you must as soon as

reasonably practicable stop driving, park the Vehicle where safe to do so and contact us or

the Roadside Assistance service. You must not, recommence driving the Vehicle unless

directed to do so by us, the Owner of the Vehicle, or the Roadside Assistance service. If

there is a dispute between a Borrower and the Owner as to whether Damage and Loss was

caused by the Borrower’s failure to properly attend to warning lights or by an underlying

mechanical issue, we may (but are not obliged to) assist with investigating the cause of the

issue, and allocate the reasonable costs of such investigation, in accordance with the

Damage Policy.

11.9 If a Vehicle suffers a mechanical fault or breakdown while you are driving it, you must:

(a) report it to us by phone and also call the Roadside Assistance provider; and

(b) wait with the Vehicle until Roadside Assistance attends the Vehicle.

11.10 If there is a mechanical issue at the start of a Booking prior to you commencing driving, you

must call us to report the issue.

11.11 You must not, for the benefit of the Owner, attempt to jump start the Vehicle, or use the

Vehicle to jump start any other vehicle.

11.12 Roadside Assistance charges as set out in the Fee Schedule will be passed through to the

Member who, in our reasonable opinion, is responsible for the need for the callout.

11.13 The reasonable cost of replacing a battery that cannot be recharged will be charged to the

Owner’s account.

11.14 If the Vehicle needs to be towed, the reasonable cost will be charged to the party who, in our

reasonable opinion, is responsible for the need for towing, except where the Borrower has

travelled further than 500 kilometres from the Vehicle’s Booking location without the express

permission of the Owner and us, in which case the Borrower will be responsible for the

reasonable costs of towing, regardless of fault.

11.15 The Borrower is responsible for returning the Vehicle to its Booking location following any

tow.

11.16 To the maximum extent permitted by law and subject to your rights under the Australian

Consumer Law, neither we nor the Vehicle’s Owner will provide any compensation or

reimbursement for costs or losses you incur as a result of a Vehicle being inoperable or

unavailable for any reason. It is recommended that you ensure that you have suitable

private travel insurance in place to cover such eventualities.

12. REFUELLING

12.1 Borrower Obligations

(a) If the Vehicle needs fuel during your trip or in order to return the Vehicle with the

fuel tank at least ¼ full, you must pay for the fuel and then seek reimbursement

from us by uploading or emailing us a tax invoice for the fuel purchase. We will

charge the Owner and pass the reimbursement through to you.

(b) If you do not submit a valid tax invoice within 45 days of the date of the fuel

purchase, then we will not charge the Owner or reimburse you.

number specified by the Owner before refuelling, and fill the fuel tank with the fuel

specified in the Owner’s instructions. You will be fully liable to the Owner for the

20240201_1 11

costs of removing wrong fuel from the Vehicle and any damage caused by using

the wrong fuel type. Additional fees may apply under the Fee Schedule.

12.2 Owner obligations

(a) If a Borrower seeks reimbursement for fuel and has complied with their obligations

in this clause 12, then we will charge the Owner for this amount.

(b) As an Owner, You must review the fuel charges shown in your account and

Invoices on a regular basis.

charge, you must raise the dispute with Us within 45 days after the fuel refund is

shown in your account.

13. RETURNING THE VEHICLE

13.1 At the end of the Booking Period, you must:

(a) return the Vehicle to the same parking space from which it was collected (if the

Vehicle has a dedicated parking space), or to an Unrestricted Parking Space as

close as possible to its specified home location for Vehicles collected from a public

space, and follow any specific parking instructions given for the Vehicle;

(b) ensure that the fuel tank is at least ¼ full;

Booking;

(d) close all of the windows;

(e) ensure that all lights and accessories are turned off;

(f) check that you have removed any of your personal possessions from the Vehicle;

(g) if a Lockbox is usually located on the Vehicle, put it back in place;

(h) lock the Vehicle with the key then secure the key in the Lockbox (for Instant Keys

Vehicles) or return it as directed by the Owner (for Key Handover Vehicle–) - the

Vehicle is not considered to be returned until and unless the key is also correctly

returned;

(i) take photographs that clearly show all exterior surfaces and the interior of the

Vehicle and upload or email them in accordance with the Damage Policy; and

(j) if the Vehicle is a Key Handover Vehicle, take and upload photos of the odometer;

and

(k) comply with any other reasonable requests or instructions given by the Owner or

us.

13.2 If you do not do all of these things, you may be held responsible for Damage and Loss to the

Vehicle and/or charged an amount in accordance with the Fee Schedule. These amounts

may be payable to us for our account or payable to us on behalf of the Owner.

13.3 If you use a Vehicle outside of a valid Booking Period, including if you fail to return the

Vehicle and its key within 6 hours after the end of the Booking Period without notification to

us and obtaining our consent, this will be taken to be a theft of the Vehicle and we or the

Owner may:

20240201_1 12

(a) report the Vehicle as being stolen; and/or

(b) take steps to locate, recover and repossess the Vehicle, or engage a third party to

recover the Vehicle, without further notice to you.

13.4 If the Vehicle is found illegally parked, apparently abandoned or is used or obtained as

prohibited under this Agreement, we may, after making reasonable attempts to contact you,

recover the Vehicle or engage a third party to recover the Vehicle. To the extent permitted by

law, you waive any right to any hearing or to receive any notice or legal process as a

precondition of our recovering the Vehicle in accordance with this clause 13.4. Nothing in

this clause is intended to limit an Owner’s legal rights against a Borrower.

13.5 Subject to clause 13.6, you must pay to us immediately on written demand any costs

reasonably incurred in recovering a Vehicle under clause 13.3 or 13.4.

13.6 If you dispute your liability for Damage or Loss, then you may raise the dispute with us and

we will deal with it in accordance with the Complaints and Dispute Resolution Policy.

14. REVIEWS

14.1 Providing reviews about other Members and Vehicles is important to give other Members as

much information about the Service as possible. Both Borrowers and Owners are requested

to submit reviews following the completion of each Booking.

14.2 You must abide by the Review Policy published on the Website when providing feedback,

including by not posting any abusive, defamatory, obscene or intimidating material or

statements.

15. LIABILITY FOR PARKING AND DRIVING INFRINGEMENTS

15.1 If an Infringement Notice is issued in relation to an infringement occurring during a time

which you have possession of a Vehicle, or as a result of your failure to leave the Vehicle in

an legal, Unrestricted Parking Space at the end of a Booking Period, then you are

responsible to the Owner for payment of the Infringement Notice and any demerit points will

accrue to your driver licence.

15.2 You must pay, for the benefit of the Owner, any Infringement Notice that you are responsible

for in full on or before the date that payment is due. If we, our Affiliate, the Owner or the

Owner’s authorised representative receives an Infringement Notice that you are responsible

for, then:

(a) we, our Affiliate, the Owner or the Owner’s authorised representative will inform

the relevant authority that you were the driver of the Vehicle at the time of the

Infringement and the authority will then issue the Infringement Notice to you;

(b) you consent to us and our Affiliates providing your personal information to the

Owner or their authorised representative for the purpose of informing the relevant

authority, or providing your personal information directly to the relevant authority;

and

accordance with the Fee Schedule.

15.3 You will be responsible to the Owner for the full cost of recovery and any damage to the

Vehicle should the Vehicle be damaged, seized, towed or impounded whilst in your

possession or as a result of your failure to leave the Vehicle in an Unrestricted Parking

Space at the end of a Booking Period. These reasonable costs will be charged in addition to

any additional late fees and/or extended Booking fees resulting from a late return of the

Vehicle in accordance with the Fee Schedule and will be promptly notified to you.

20240201_1 13

15.4 If you dispute your liability for an Infringement Notice, then you may raise the dispute with us

and we will deal with it in accordance with the Complaints and Dispute Resolution Policy.

16. LIABILITY FOR TOLLS

16.1 You will be liable for payment of any Tolls incurred in relation to the use of a Vehicle during

the period for which you have use of that Vehicle.

16.2 Your liability for the Toll will commence at the time the Toll is incurred. For Instant Keys

Vehicles, Uber Carshare will provide credit to you for the amount of the Toll from that time

until the time that payment for the Toll falls due under your monthly invoice. For Key

Handover Vehicles you will be liable to the Owner for any Tolls that the Owner’s toll

statement shows were incurred while you had possession of the Vehicle.

16.3 If you dispute a Toll that has been charged to you or for which we have attributed

responsibility to you, then you can ask us to review our records to reassess liability for the

Toll and we will deal with it in accordance with the Complaints and Dispute Resolution

Policy.

17. FEES AND COSTS

17.1 You agree to pay to Carshare Support (for our account or in certain cases as payment

collection agent for Owners or for Mobility Mutual):

(a) any Membership Fee applicable to the Membership Plan that you have selected;

(b) any additional fees and charges set out in the Fee Schedule or in accordance

with this Agreement and the Policies (or notified to you in accordance with the

Agreement from time to time), including without limitation costs relating to any

Infringements, Tolls, fuel charges for which you are responsible, any amounts

owing for Damage and Loss Liability or other liabilities arising from your use of the

Service and from your use of Vehicles;

your Member ID, even if you did not authorise the use of your Member ID, except

to the extent that our negligence or wrongful act or omission contributed to or

caused this use; and

(d) GST and all other taxes or levies on any of the amounts payable under this

Agreement.

17.2 To calculate Fees and Charges, we will use billing information generated or received by us,

which may include:

(a) information collected by the Booking System;

(b) information collected in connection with the use of a Tolling Device;

(d) receipts submitted to us; and

(e) any other information that is relevant to determining the Fees and Charges

applicable to your use of the Service.

17.3 We may bill you in advance or arrears for some or all of the Fees and Charges payable by

you under this Agreement. We will try, where reasonable, to include all Fees and Charges

for the relevant billing period on your invoice. However, this is not always possible and

unbilled Fees and Charges may at times be included in one or more later Invoices.

20240201_1 14

17.4 If you Book a Key Handover Vehicle and do not take and upload valid photos of the

odometer at the start and end of your Booking, then we may bill you for distance charges for

the Vehicle for the distance you travelled during your Booking, based on the Vehicle

Owner’s photos or our reasonable estimate.

18. DRIVING CREDITS

18.1 From time to time, you may be issued with Driving Credits, which can be used to cover the

cost of time and distance Booking charges. Driving Credits cannot be used to pay for other

expenses such as Membership Fees, Fines, or Damage and Loss Liability.

18.2 Driving Credits may have an expiry date which will be notified to you and are not

transferable or redeemable for cash.

19. DEPOSITS, INVOICING AND PAYMENT

19.1 We will charge a First Trip Deposit to your Card before your first Booking Period

commences.

19.2 We will charge you for all or part of the estimated charges relating to your Booking Period,

including amounts that Carshare Support collects on behalf of Mobility Mutual, prior to

commencement of the Booking Period and/or in instalments during the Booking Period.

19.3 We will issue Invoices to you on a regular basis showing your Membership Fees and

itemised Toll charges payable by you in accordance with this Agreement as well as a

summary of all Booking charges and payments for the relevant Booking Period.

19.4 If the Invoice shows an amount owing by you to us or to an Owner, we will charge your Card

for that amount on the date shown in the Invoice.

19.5 If you fail to pay the amounts that you owe under this Agreement within the time allowed for

payment, after we have notified you in writing of the requirement to pay, (including if the

Card that you have provided to us for payment purposes is declined by the Card issuer or

bank or if you request a chargeback from your Card issuer or bank), then at our discretion,

we (including our Affiliates, or on behalf of an Owner or Mobility Mutual) may:

(a) charge a reasonable handling fee as outlined in the Fee Schedule;

(b) suspend provision of the Service to you, including your membership of Mobility

Mutual and your access to TripCover or Between-Booking Cover, by any means

including by restricting or disabling your access to the Website and preventing you

from making or accepting Bookings;

advance of collecting such amount from you, in which case such amount will be

owed by you to us instead of to the Owner, and/or

(d) cancel your Membership in accordance with clause 24.1.

19.6 If you are in default of any obligation to pay money to any person (including us, our

Affiliates, an Owner or Mobility Mutual) under this Agreement, you must indemnify us for any

reasonable costs that we pay to any person on your behalf or that we reasonably incur on

our behalf or on behalf of any other person in taking action against you to recover that

amount, except to the extent that these costs have been caused or contributed to by our

negligence or wrongful act or omission.

19.7 If you wish to query or dispute the amounts shown on an Invoice, you may do so in

accordance with the procedure set out in the Complaints and Dispute Resolution Policy.

20240201_1 15

20. CREDIT AND DEBIT CARD CHARGES

20.1 You authorise us to charge the Card in respect of all Fees and Charges due and payable

under this Agreement, including amounts that we collect on behalf of Mobility Mutual.

20.2 Where the Card is in your name, you warrant that the Card is yours and you (whether alone

or with another person or other people) are responsible for all amounts charged or debited

to that Card. Where the Card is not in your name, you warrant that you are authorised to

permit and authorise us to charge the Card in accordance with this Agreement.

21. COMMUNICATION BETWEEN UBER CARSHARE AND MEMBERS AND

BETWEEN MEMBERS

21.1 You may receive notices and Invoices under this Agreement by email, text message,

notification delivered to You via our Website or post. You must ensure that the email and

postal address that you have provided to us are correct at all times, and you must check

your email regularly.

21.2 A notice or bill sent under this Agreement is taken to have been received by you or by us (as

relevant):

(a) if sent by ordinary post, on the date two business days after it is posted; or

(b) if sent by email, text, or the notification is delivered to You via our Website, four

hours after the time it is sent (unless, in the case of email, the sender receives an

automated notice that delivery did not occur or has been delayed).

21.3 You agree that we (or our Affiliates) may provide your name, email address and telephone

number to another Member if you have made a Booking to use their Vehicle or if they have

made a Booking to use your Vehicle, so that they can communicate directly with you in

relation to that Booking. You must not use the contact details of other Members for

marketing or any other unauthorised purpose.

21.4 If you have any questions about this Agreement or the use of the Service (including financial

services provided by us), you can contact us on (02) 8035 8000 or by chat from the

Website, or send an email to members@ubercarshare.com.

22. PRIVACY

22.1 We will comply with all relevant privacy legislation and the Privacy Policy in relation to your

personal information. You can find the Privacy Policy on the Website at

https://www.ubercarshare.com/terms-of-use/privacy-policy.

22.2 The terms of the Privacy Policy form part of this Agreement. The Privacy Policy sets out how

we collect, use, store and disclose your personal information.

22.3 If we do not collect personal information from you, we will not be able to provide our

Services to you and if any of the personal information you provide is incomplete or

inaccurate, the quality of our services may be compromised.

22.4 You consent to us (and our Affiliates) providing your personal information to other Members

and to the relevant authorities as set out in clauses 15.2 and 21.3 and otherwise in

accordance with the Privacy Policy.

22.5 You can tell us if you do not consent to our use of such information, or if you do not wish to

receive such information, or if you have any questions about the Privacy Policy, by calling us

on (02) 8035 8000 or by sending an email to members@ubercarshare.com.

20240201_1 16

22.6 By entering into this Agreement and by providing personal information, you represent to us

that you have read, and agree to, the terms of the Privacy Policy. When we and our Affiliates

collect personal information in relation to the discretionary risk products offered by Mobility

Mutual, this is done in accordance with the Mobility Mutual Privacy Policy.

23. DISPUTE RESOLUTION

23.1 If you have a complaint or dispute in relation to this Agreement, you can ask us to consider

the complaint in accordance with our Complaints and Dispute Resolution Policy, which is

available on the Website.

23.2 We reserve the right, but have no obligation, to monitor or assist the resolution of disputes

between you and other Members.

23.3 Complaints in relation to Trip Cover or Between-Booking Cover will be handled in

accordance with the complaints handling process in the relevant TripCover PDS or

Between-Booking Cover PDS.

24. CANCELLATION AND SUSPENSION OF MEMBERSHIP

24.1 We may immediately cancel or suspend your Membership at any time by notice if you:

(a) by your act or omission commit a material breach of the terms of this Agreement or

any of the Policies and the breach cannot be remedied or, if the breach can be

remedied, you have not remedied the breach within 5 business days after we give

you notice by email of the breach;

(b) in our reasonable opinion, commit any illegal, dishonest or wrongful act, abuse or

harass our staff or other Members, or pose a threat to the safety or wellbeing of

our staff or other Members or to any Vehicle; or

with Mobility Mutual is cancelled.

24.2 We may immediately suspend your Membership at any time by notice by email if you are a

Borrower, and you fail to make a payment that is due under this Agreement after you are

given written notice of the payment default.

24.3 We may cancel your Membership with no less than 30 days’ notice for any reason not listed

in clause 24.1.

24.4 You may cancel your Membership at any time.

24.5 If your Membership is cancelled, either by you or by us, then:

(a) you must not use the Service on or after the date of cancellation;

(b) Mobility Mutual may cancel your membership of the mutual and your discretionary

protection;

payment to you or charge your Card for amounts owing by you, in accordance with

this Agreement;

(d) if you are a Borrower, we will promptly issue a final Invoice and either make

payment to you or charge your Card for amounts owing by you, in accordance with

this Agreement; and

20240201_1 17

(e) this Agreement will terminate on the date that we have received final payment for

all amounts owing by you to us under this Agreement.

24.6 Termination of this Agreement does not affect any accrued rights or liabilities (including

outstanding payments owing by you) up to (and including) the date of termination.

25. GOVERNING LAW, OTHER GENERAL PROVISIONS

25.1 This Agreement is governed by the laws of New South Wales, and each party submits to the

non-exclusive jurisdiction of the courts of that state.

25.2 You may only assign this Agreement or a right under this Agreement with our prior written

consent. We may assign this Agreement or a right under this Agreement by written notice to

you.

25.3 If the whole or any part of a provision of this Agreement is invalid or unenforceable in a

jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be

valid and enforceable. If however, the whole or any part of a provision of this Agreement is

not capable of being read down, it is severed to the extent of the invalidity or

unenforceability without affecting the remaining provisions of this Agreement or affecting the

validity or enforceability of that provision in any other jurisdiction.

25.4 Except where this Agreement expressly states otherwise, this Agreement does not create a

relationship of employment, trust, agency or partnership between the parties.

26. DEFINITIONS AND INTERPRETATION

26.1 The following definitions apply to this Agreement:

“Accident” means any collision between the Vehicle and any other object, including another

vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost

or destroyed.

“Affiliate” means, with respect to a particular entity, any entity controlled by, controlling, or

under common control with the first mentioned entity, where “control” in any of the foregoing

forms means ownership, either direct or indirect, of more than 50% of the equity interest

entitled to vote for the election of directors or equivalent governing body. An entity shall be

considered an Affiliate only so long as such entity continues to meet the foregoing definition.

Our Affiliates include Uber and Carshare Support.

“Agreement” means the agreement comprising the Member Agreement, the Owner

Agreement and the Owner Guarantee (for Members who are Car Owners), the Policies and

the Fee Schedule.

“Authorised Driver” means a Member who drives a Vehicle during a Booking.

“Availability Schedule” means the times that an Owner has defined during which their

Vehicle is available to other Members to Book.

“Between-Booking Cover” means the discretionary risk protection product issued by

Mobility Mutual to Owners who are also members of Mobility Mutual to protect them for

Damage and Loss when a Vehicle is used incidentally outside of a Booking.

“Between-Booking Cover PDS” means the combined Product Disclosure Statement,

Protection Wording and Financial Services Guide issued by Mobility Mutual for

Between-Booking Cover, and includes any supplementary or replacement disclosures

applicable from time to time.

20240201_1 18

“Booking” means an instance where a Borrower uses the Service to reserve a Vehicle

belonging to an Owner and, in the case of Key Handover Vehicles only, where the Owner of

the Vehicle has confirmed the Booking.

“Booking Fee” means the amount charged by us to process each Booking.

“Booking Period” means the period of a Booking (including any amendments to that period

that are made and accepted through the Booking System).

“Booking System” means the technology that coordinates Bookings and payments and, in

the case of Instant Keys Vehicles, performs the remote management of the Lockbox

System.

“Borrower” means a Member who borrows, or makes a Booking to borrow, a Vehicle.

“Borrowing Plan” means a Membership Plan for borrowing Vehicles through the Service.

“Card” means the credit or debit card that a Member has selected as their primary method

of payment to us for amounts owing to us or that we collect as agent for Owners, and

payments to Mobility Mutual or Carshare Support that it collects as manager of Mobility

Mutual.

“Carshare Support” means Carshare Support Pty Ltd (ACN 163 596 530) (formerly Car

Next Door Australia Pty Ltd).

“Damage and Loss” means:

(a) damage to the Vehicle that requires repair or replacement (excluding Wear and

Tear);

(b) loss arising from theft of the Vehicle or fire damage to the Vehicle;

(d) fees and charges relating to the assessment or quantification of the loss or

damage; and

(e) Third Party Loss,

including any applicable taxes.

“Damage and Loss Liability” means the amount you must pay if you are responsible for

Damage and Loss under the terms of this Agreement.

“Delisted” means, in respect of a Vehicle, that the Vehicle is made permanently unavailable

for Borrowers to Book through the Service (whether by the Owner or by us).

“Driving Credit” means credit provided to Members that can be used to pay for Bookings.

“Eligibility Requirements” means, in relation to Members, the minimum requirements set

out in clause 3 that Members must meet in order to obtain and maintain Membership in the

Service; and in relation to Vehicles, means the minimum requirements set out in clause 27

that Vehicles must meet in order to be part of the Service.

“Event” means an event where Damage and Loss occurs at the same address and time.

For example, once you have picked up a Vehicle, if you scrape it when reversing out of the

20240201_1 19

driveway it will be one Event. If, later during the Booking Period, you have a collision with a

third-party driver, it will be a second Event.

“Excess” means the amount that Mobility Mutual, or Carshare Support as its manager, will

charge your Card if a claim is approved by Mobility Mutual, as set out in the terms and

conditions for the discretionary protection (TripCover or Between-Booking Cover) and as

stated in your Protection Schedule.

“Fee Schedule” means the pages on the Website (with the heading “Fee Schedule”, “Fee

Schedule – Inconvenience and Admin Fee” or "Inconvenience and Admin Fees”) setting out

the fees or charges you may be charged in connection with your Membership or your use of

the Service, as published on the Website and amended in accordance with this Agreement

and notified to Members from time to time, available at

https://help.ubercarshare.com/hc/en-gb/articles/360001149986.

“Fees and Charges” means the set of charges levied on Members arising from their

Membership in, and use of the Service.

“First Trip Deposit” means the deposit charged to your Card prior to your first Booking.

“GPS” means Global Positioning System.

“Infringement Notice” means the notification of any driving or parking offence.

“Invoice” means the itemised report of a Member’s use of the Service and will include

details of any Fees and Charges incurred and any payments made.

“Instant Keys Vehicle” means a Vehicle that is fitted with the Lockbox System or can be

unlocked and used by a Borrower using technology (including the Vehicle’s technology)

without the need for the Owner or a person authorised by the Owner to deliver to the

Borrower the car keys.

“Key Handover Vehicle” means a Vehicle that is not fitted with the Lockbox System.

“Listed” means, in respect of a Vehicle, that the Vehicle is available for Borrowers to Book

through the Service.

“Lockbox System” means the combination of the digital lockbox device that holds the car

keys (the “Lockbox”), the GPS technology and other peripheral equipment installed in a

Vehicle to enable it to participate in the Service.

“Member” means any person whose Membership Application has been accepted by us or

our Affiliates and whose Membership has not been cancelled, and may be a Borrower or an

Owner.

“Member Profile” means the information about you that is stored on our systems.

“Membership” means the state of being an active Member of the Service.

“Membership Application” means an application for Membership, which may be made

electronically, and includes all of the information provided by the prospective Member in that

form or in connection with that application;

“Membership Fee” means, as applicable, the monthly amount payable by a Member to us

according to the Member’s selected Membership Plan(s).

“Membership Plan” means a Sharing Plan or Borrowing Plan. Different plans are available

to Borrowers and Owners and their costs and inclusions can be viewed on the Website.

20240201_1 20

“Mobility Mutual” means Mobility Mutual Limited (ACN 653 040 647).

“Owner” means a Member who makes their Vehicle available to other Members for sharing

through the Service.

“Owner Agreement” means the additional set of terms and conditions specific to Owners

within this Agreement.

“Owner Guarantee” means the guarantee (and associated conditions, limitations and

exclusions) given by us to Owners who List their Vehicles as part of the Services, as

published or made available on the Website and amended in accordance with this

Agreement and notified to Members from time to time, available at

https://www.ubercarshare.com/terms-of-use/owner-guarantee-terms-and-conditions.

“Policies” means each of the policies as published or made available on the Website and

amended in accordance with this Agreement and notified to Members from time to time

relating to the use of the Service by Members, and includes:

(a) the Complaints and Dispute Resolution Policy, available at

https://www.ubercarshare.com/terms-of-use/dispute-policy;

(b) the Damage Policy, available at

https://www.ubercarshare.com/terms-of-use/damage-policy; and

https://www.ubercarshare.com/terms-of-use/privacy-policy.

“Roadside Assistance” means the 24/7 breakdown service provided to Vehicles enrolled in

the Service.

“Service” means the technology service of facilitating peer-to-peer car sharing services

between Owners and Borrowers.

“Sharing Plan” means a Membership Plan for Owners sharing a Vehicle through the

Service.

“Third Party Loss” means:

(a) legal liability to pay compensation for accidental loss or damage to someone else’s

property arising out of an Accident where you or an Authorised Driver were at fault

and the legal liability arises out of the use of a Vehicle;

(b) legal liability arising out of the use of a Vehicle that results in death or bodily injury

to another person (not including any person who is driving or in charge of the

Vehicle or a member of your family), provided that the event or series of related

events that gave rise to the legal liability, or any part of it, is not covered or

indemnified in any way by any statutory or compulsory insurance or any

compensation scheme or fund (except where the lack of coverage or

indemnification results from your failure to insure or register your Vehicle or to

comply with the requirements of such a policy, fund or scheme);

(a), provided that we have approved the costs and expenses prior to them being

incurred.

“Toll” means an amount charged by the owner or operator of a toll road, and includes any

fees or other amounts charged in relation to the late payment of a toll.

20240201_1 21

“Tolling Device” means any tag or device installed in a Vehicle for recording electronic

Tolls.

“Trip Cover” means the discretionary risk protection product issued by Mobility Mutual to

Borrowers who are also members of Mobility Mutual to protect them for Damage and Loss

when they borrow or hire a Vehicle.

“TripCover PDS” means the combined Product Disclosure Statement, Protection Wording

and Financial Services Guide issued by Mobility Mutual for TripCover, and includes any

supplementary or replacement disclosures applicable from time to time.

“Uber Carshare” means Uber Carshare Pty Ltd (ACN 609 590 463).

"Uber” means Uber Technologies, Inc.

“Unrestricted Parking Space” means a lawful and available public parking space with no

restrictions or limits for any time or day of the week.

“Website” means the website www.ubercarshare.com and any associated mobile sites and

sub-domains, and mobile apps.

“Vehicle” means a vehicle including its standard modifications and accessories as supplied

by the manufacturer, keys, remote opening devices and Tolling Device, made available for

sharing through the Service.

“Vehicle Profile” means the photographs and other information maintained by the Owner

about a Vehicle that is available to other Members through the Website. A subset of the

information will also be available to the general public through the Website.

“Your Vehicle” means a Vehicle that an Owner Lists for sharing through the Service.

“Wear and Tear” means the deterioration in the condition of a Vehicle that occurs under

normal car-sharing use and conditions, as defined in the Damage Policy

https://www.ubercarshare.com/terms-of-use/damage-policy.

20240201_1 22

OWNER AGREEMENT

This section applies to you as additional terms and conditions and forms part of your Member

Agreement, if you are an Owner and you apply to List a Vehicle for Sharing through the Service. The

definitions contained in the Member Agreement apply to this Owner Agreement.

IMPORTANT INFORMATION ABOUT OWNER AGREEMENT

Uber Carshare’s liability under the Owner Agreement

We provide an Owner Guarantee to you as an Owner so that, subject to certain important terms and conditions, if

a Borrower is responsible for damage to your Vehicle and doesn’t pay, we will pay for the repair or replacement of

your Vehicle – see Owner Guarantee, available at

https://www.ubercarshare.com/terms-of-use/owner-guarantee-terms-and-conditions.

Your liability under the Owner Agreement

As an Owner, you are responsible for ensuring the Vehicle Eligibility criteria in clause 27.1 are met and paying all

Infringement Notices for the parking or driving of a Vehicle whilst you have possession of it (see clause 37). On

the other hand, generally speaking, Borrowers are responsible to you and us for all damage and loss to a Vehicle

whilst in their possession and for related costs and fees – see Damage Policy and Fee Schedule (see clause 35).

The Member Agreement also requires that you inspect the Vehicle regularly (including at the end of each Booking

Period) and report to us any damage to the Vehicle, in accordance with the Damage Policy.

Clause 35.6 also sets out the things for which Borrowers are not responsible for and that our Owner Guarantee

does not cover, like Wear and Tear, mechanical failure and pre-existing damage.

Importantly, if your Vehicle is unregistered or unroadworthy whilst it is made available through our Service, you

are liable to indemnify us and Borrowers for all loss or damage, fines and penalties etc that arise from the use of

your Vehicle, except to the extent we have contributed to this.

Also, other than is required under the ACL, and to the maximum extent possible under law, you as an Owner are

not entitled to compensation or payment for any loss of income where a Vehicle is damaged or has suffered loss

(see clause 35.5) or where your Vehicle is suspended from the Service (see clause 42.2).

Additional fees

In addition to the Fees and Charges payable in connection with your Membership or your use of the Service, as

an Owner you may also be required to pay certain charges for other matters such as Booking cancellations, lost

Lockbox System or Tolling Device parts, as outlined in the Fee Schedule – Inconvenience and Admin Fees

section of the Website https://help.ubercarshare.com/hc/en-gb/articles/360001149986. We can set off any

amounts that you owe us under the Owner Agreement against amounts we owe you (see clause 31.1(f)).

In what circumstances can we suspend your vehicle from the Service or cancel your Membership?

Uber Carshare can suspend your Vehicle from the Service as outlined in clause 42.1. We can also cancel your

Membership in accordance with clause 24.1 where, for example, you commit a material breach of the Agreement

or commit an illegal, dishonest or wrongful act (in which case, subject to applicable laws, you will not be entitled

to a refund of your Membership Fee or other payments). Where we otherwise cancel your Membership, you will

be entitled to a pro-rata refund of your Membership Fee and other payments.

Can we provide information that can identify you as Owner to third parties?

Yes. We can make some information from your Member profile available to other Members so they can contact

you about a Vehicle or Booking inquiry (see clauses 28.4(a)).

20240201_1 23

27. VEHICLE ELIGIBILITY CRITERIA

27.1 A Vehicle that is made available at any time for sharing through the Service must (unless we

agree otherwise):

(d) be registered in the state or territory in which it is made available for sharing;

(e) be in a roadworthy condition at all times, and be submitted for roadworthiness

inspections in accordance with any requirements of a regulator in your state or

territory;

(f) be well maintained, with maintenance properly scheduled and recorded using the

applicable manufacturer’s maintenance schedule as a guide;

(g) be manufactured during or after the year 2001;

(h) have been driven fewer than 400,000 kilometres;

(i) not have been altered in a way that materially changes the performance,

appearance or purpose of the Vehicle, except with our written permission;

(j) have a power rating of less than 200 kilowatts (250 kilowatts for 4WDs);

(k) have seating for a maximum of 12 passengers (including the driver);

(l) be a private passenger vehicle with four wheels; and

(m) have a market value less than $50,000 if listed in Victoria and $60,000 in other

states (noting that we may also decline or remove Vehicles with a lower market

value threshold from the Service, or require them to implement additional security

measures, based on our security and risk management requirements).

27.2 You agree that:

(a) we and our Affiliates may independently verify your Vehicle’s registration details;

(b) your Vehicle meets all of the Eligibility Requirements set out at clause 27.1; and

you permission to make your Vehicle available for sharing through the Service.

You are fully responsible for securing the owner’s permission to List the Vehicle for

sharing through the Service and complying with the scope of any permission

granted.

27.3 You may, with our express permission, List a Vehicle while you hold a restricted, learner’s or

provisional driver licence or while you are not licenced to drive. You must disclose to us any

changes or restrictions to your driver licence, including if at any time you hold a learner’s or

provisional driver licence, and must not use the Service to book or drive any Vehicle other

than your own Vehicle while you hold a restricted, learner’s or provisional driver licence or

while you are not licenced to drive.

28. OWNER RESPONSIBILITIES

28.1 As an Owner of a Vehicle that is offered for sharing through Uber Carshare, you must:

(a) ensure that the Vehicle is maintained, serviced and repaired so that it is in a

roadworthy condition at all times. If we have any reasonable concerns about the

safety or maintenance of your car, you may be required to provide proof of

20240201_1 24

maintenance or roadworthiness, and your Vehicle may be suspended from the

Service until acceptable proof is received;

(b) ensure that the Vehicle is safely operable by any Borrower, and not place in the

Vehicle any modifications, devices, equipment or other items that may interfere

with the safe operation of the Vehicle;

and maintain them at the levels recommended in the Vehicle manufacturer’s

specifications or otherwise as required to maintain the Vehicle’s efficient

performance;

(d) ensure there is a serviceable spare tyre available at all times along with the

necessary tools to change the wheel (unless the Vehicle is fitted with runflat tyres);

(e) maintain the correct registration for the Vehicle and comply with any laws or

regulations applicable to Vehicles that are hired out without a driver in your state or

territory;

(f) park your Vehicle in a publicly accessible, legal parking space at all times when it

is made available for sharing;

(g) follow any reasonable direction given by us or our Affiliates in relation to sharing

your Vehicle that, in our reasonable view, is necessary for to avoid harm to our

reputation and brand;

(h) ensure that the fuel tank is more than ¼ full at the start of any Booking Period;

(i) ensure that the Vehicle is clean at the start of each Booking Period, and not smoke

in the Vehicle;

(j) ensure that if the Vehicle is fitted with child restraint(s), these are undamaged and

correctly installed in accordance with the manufacturer’s instructions;

(k) if your Vehicle is an Instant Keys Vehicle, ensure that the Lockbox is accessible by

Borrowers at all times when it is made available for sharing,

(l) if your Vehicle is an Instant Keys Vehicle and listed in a state or territory where toll

roads are located, ensure that the Tolling Device is in the Vehicle and in the correct

location at all times; and

(m) ensure that any dashcams or other recording or tracking devices are operated in

accordance with any applicable laws and that their presence is clearly notified to

Borrowers in the Vehicle’s public description.

28.2 You must be contactable by phone or email and able to respond to queries at all times

during a Booking Period.

28.3 If you will not be contactable during a Booking Period, then you must:

(a) provide us with the mobile phone number and email address of a person who is

responsible for your Vehicle (your nominated representative); or

(b) ensure that your Vehicle is not made available for sharing during that time.

20240201_1 25

28.4 You agree that:

(a) your mobile phone number and email address may be provided to other Members

so that they can contact you directly with any queries relating to sharing your

Vehicle; and

(b) you will inform us as soon as reasonably possible of any changes to your mobile

phone number or email address.

29. VEHICLE PROFILES

29.1 You will be required to maintain a Vehicle Profile for any Vehicle that you have Listed for the

Service. This information will be available to other Members. The information includes:

(a) the Vehicle nickname;

(b) the Vehicle description;

(d) photograph(s) of the Vehicle;

(e) the hourly and daily sharing rates; and

(f) the Availability Schedule.

29.2 You will be able to provide special instructions to Borrowers concerning access to, or the

operation of, the Vehicle. This information may be made available on the Website, or

communicated to Borrowers by in-app message, email or SMS prior to the start of a Booking

Period.

30. ACCEPTANCE AND CANCELLATION OF BOOKINGS

30.1 You must:

(a) review the Availability Schedule for your Vehicle regularly; and

(b) ensure that your Vehicle is available at the times and locations for which it has

been Booked and, if your Vehicle is an Instant Keys Vehicle, that the Lockbox

containing the Vehicle key is accessible by Borrowers.

30.2 All Bookings are automatically confirmed if the Vehicle is shown as available in the

Availability Schedule.

30.3 If your Vehicle or the key for your Vehicle is not available to any Borrower who has made a

Booking for its use, at the time of the Booking, you may be charged a fee as set out in the

Fee Schedule.

30.4 If you cancel a Borrower’s Booking, you will incur a fee as set out in the Fee Schedule.

31. FEES AND INCOME

31.1 With respect to the income generated from your Vehicle:

(a) Amounts quoted and charged or paid are in Australian Dollars (AUD$);

(b) You may set the rates for the use of your Vehicle.

20240201_1 26

you by Borrowers.

(d) We will pass through to you a portion of the time and distance fees that Borrowers

pay to us for using your Vehicle, and you will owe to us, and we will retain, the

remainder of those fees as part of the consideration payable in connection with

supplying the Service (and the amount retained will include the GST that we must

charge you for such supply);

(e) The portion that we pass through to you will be determined by your Sharing Plan.

(f) We may set off any amounts that you owe in connection with this Owner

Agreement against amounts that we owe to you.

(g) If in our reasonable opinion your Vehicle is unregistered or unroadworthy, not fit for

purpose or does not match the Vehicle Profile at any time when it is made

available for sharing through the Service, we may refund any amounts paid by the

Borrower to you on your behalf and charge you for lost revenue from Bookings that

are cancelled or refunded as a result.

(h) In the event that we do not pass through to you any time and distance fees held by

us and owing to you in accordance with this Owner Agreement for whatever

reason, you acknowledge and agree that you will have recourse only against us,

and no claim or action against the Member who used your Vehicle.

(i) We will not be required to make any payment to you until we have first received

payment of those amounts from the Member or Members who incurred fees or

charges in relation to the use of your Vehicle during the relevant billing period.

(j) We will make any payments owing to you to the bank account that you nominate in

your account via the Website.

(k) We will issue Invoices to Members on your behalf for amounts owing to you. You

must provide us with all information reasonably requested so we can prepare the

Invoice. That might include, for example, your ABN.

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31.2 You authorise us to enter into, vary, waive, release and terminate agreements with

Borrowers to the extent that we do so as your payment collection agent, or in any other

agency capacity for you, without requiring your prior approval provided that in doing so we

act reasonably and as contemplated by this Agreement.

31.3 You acknowledge that we may also collect payments from Borrowers on behalf of Mobility

Mutual in connection with the Borrower’s use of your Vehicle, and that these payments are

not payable to you.

32. INVOICING AND PAYMENT

32.1 You will receive Invoices on a regular basis showing your Membership Fees, Sharing Plan

fees, fees for Between-Booking Cover (where you have it) and any Toll charges or fuel

charges payable by you in accordance with the Agreement, as well as the amounts payable

to you by Borrowers for the use of your Vehicle and the percentage of these amounts owing

by you to us.

32.2 If the Invoice shows a net amount owing by you to us, we will charge your Card for that

amount on the date shown in the Invoice. If the Invoice shows a net amount owing by us to

you, we will pay the amounts shown in the Invoice by the due date shown on the Invoice, in

accordance with clause 31.1.

32.3 Amounts payable under the Fee Schedule are inclusive of GST. Where GST is payable on

any “taxable supply” as defined for GST purposes made to you by us or another person

(Supplier) under or in connection with the Agreement and the consideration for that supply

is not stated to be GST inclusive:

(a) you must pay an additional amount to the Supplier equal to the amount of the GST

payable on that supply (GST Amount), at the same time as any other

consideration is to be first provided for that supply; and

(b) the Supplier must provide a tax invoice to you for that supply, no later than the time

at which the GST Amount for that supply is to be paid in accordance with clause

32.3(a).

32.4 If you are required to quote an Australian Business Number (ABN) relating to the income

generated from your Vehicle, you must notify us. We will supply your ABN to Borrowers on

your behalf at the time of issuing to Borrowers a receipt for the use of your Vehicle.

33. LOCKBOX SYSTEM AND TOLLING DEVICE (INSTANT KEYS VEHICLES

ONLY)

33.1 If your Vehicle is an Instant Keys Vehicle, we will either arrange for installation of the

Lockbox System in your Vehicle (defined to mean the combination of the digital lockbox

device that fixes to a car window and holds the car keys (the “Lockbox”), the GPS

technology and other peripheral equipment installed in a Vehicle to enable it to participate in

the Service), or send the Lockbox System to you to install in your Vehicle.

33.2 If installation of the Lockbox System in your Vehicle is arranged, we will:

(a) ensure that, if we carry out the installation, it is carried out by an appropriately

trained and qualified person; and

(b) agree with you on a time and place for the installation of the Lockbox System to

take place.

33.3 If you do not make your Vehicle available and accessible for a scheduled appointment for

installation of the Lockbox System, and have not cancelled or rescheduled the appointment

20240201_1 28

more than 24 hours in advance, then we may charge you a rescheduling fee in respect of

the missed appointment.

33.4 We may arrange for a Tolling Device to be provided for your Vehicle. Upon receiving the

Tolling Device, you must:

(a) remove any other Tolling Device from your Vehicle prior to the Vehicle being

driven;

(b) install the Tolling Device as per our reasonable instructions;

each Booking; and

(d) pay all Tolls associated with the Tolling Device, other than Tolls incurred by

Borrowers while your Vehicle is in their possession.

33.5 You must not, and must not permit or suffer any other person to tamper with, interfere with,

or remove any part of the Lockbox System or the Tolling Device that has been installed in

your Vehicle or any other Member’s Vehicle by or on behalf of us.

33.6 You must inform us immediately if any part of the Lockbox System or the Tolling Device is

lost, stolen, damaged or not working properly.

33.7 If any part of the Lockbox System or Tolling Device that we provide to you is lost, stolen or

damaged, we may charge you a fee, as set out in the Fee Schedule.

34. CHECKING THE VEHICLE

34.1 You are responsible for checking the Borrower’s photographs of your Vehicle from the

beginning and end of their possession of the Vehicle and for checking your Vehicle as soon

as possible after you re-take possession of the Vehicle and at a minimum, once each week.

If you as an Owner find any damage, or if the Tolling Device or Lockbox System are missing

or damaged, you must report it to us promptly.

34.2 You must report any new damage that you identify in a Borrower’s photographs, or submit

photographs of any new damage you find that is not recorded in a Borrower’s photographs,

to us as soon as possible after the relevant Booking Period (and, in any event, within 14

days of the end of the relevant Booking Period).

34.3 If you report damage to your Vehicle, we will provide reasonable assistance with the

investigation and collection of payment from any Borrowers who have used your Vehicle

within the 14 days prior to your report and who are responsible for the damage pursuant to

the Member Agreement and Damage Policy. If the damage occurred outside that period,

then you will be responsible for communicating directly with Borrowers to ascertain their

liability.

35. DAMAGE AND LOSS TO YOUR VEHICLE

35.1 Each Borrower must have Trip Cover for each Booking they make to cover Damage and

Loss when they use your Vehicle. If a Borrower is responsible for Damage and Loss under

the Member Agreement, the amount that they will be required to pay to you will be:

(a) the reasonable cost of repairing your Vehicle (which may include the use of used

parts or parts that were not made by the original equipment manufacturer); or

(b) if your Vehicle is:

(i) damaged beyond economic repair; or

20240201_1 29

(ii) stolen and not recovered,

the market value of your Vehicle at the date of the Accident or theft, as reasonably

determined by an independent valuer appointed by us, Carshare Support or by Mobility

Mutual when assessing your claim. If Mobility Mutual approves a claim, Carshare Support

will pay for the repairs to the Vehicle, on behalf of Mobility Mutual, in accordance with the

terms of the TripCover PDS.

35.2 If you do not agree (acting reasonably) with the valuation made by the independent valuer

then you may provide evidence to support your alternative valuation. The final determination

of the market value of your Vehicle will be made by Carshare Support or by Mobility Mutual

acting reasonably.

35.3 If a Borrower fails to lodge a claim with Mobility Mutual when the Borrower is liable for

Damage and Loss to your Vehicle, we will, acting reasonably, exercise our rights under the

Member Agreement to lodge that claim on their behalf. If a claim for Damage and Loss to

Your Vehicle is not approved by Mobility Mutual, the Borrower remains liable to you in

accordance with the Member Agreement.

35.4 Where you experience loss of use of your Vehicle as a direct result of Damage and Loss

caused to the Vehicle by a Borrower, the Borrower may be required to make a payment to

you to compensate you for that loss of use, calculated as set out in the Damage Policy in

accordance with the Member Agreement.

35.5 To the maximum extent permitted by law, you will not be entitled to any compensation or

payment in relation to any actual or anticipated loss of income generated from your Vehicle.

35.6 Borrowers will not be responsible for, and the Owner Guarantee will not cover:

(a) loss of use, depreciation, Wear and Tear, deterioration resulting from existing

damage, rust or corrosion or reduction in value with respect to a Vehicle;

(b) mechanical, electrical or computer breakdowns, failures or breakages with respect

to a Vehicle;

(however the Borrower will be responsible for these costs if the seizure or

impounding results from their action or inaction);

(d) Repairs to a Vehicle carried out without our consent;

(e) the cost of repair of pre-existing damage, faulty work or incomplete repairs with

respect to a Vehicle that were in existence prior to the Damage and Loss or

Accident in question;

(f) Damage and Loss to any non-standard modifications or accessories that were not

supplied by the manufacturer; or

(g) Damage and Loss if you make your Vehicle available for Bookings, or drive it

yourself, when it is in an unsafe or un-roadworthy condition or otherwise fails to

comply with the Eligibility Requirements in clause 27 in our reasonable opinion.

20240201_1 30

35.7 We will ensure that whilst your Vehicle is in the possession of a Borrower, as described in

the Damage Policy, the Borrower has current membership of Mobility Mutual and

discretionary risk protection under Trip Cover for the Booking. If the Borrower is for any

reason unable to access Trip Cover, or if their claim for protection under Trip Cover is

declined by Mobility Mutual, then you may make a claim under the Owner Guarantee.

35.8 You acknowledge that there are limits and exclusions to the Borrower’s level of cover under

Trip Cover and to the amount that may be paid by us to you as Owner under the Owner

Guarantee, as set out in the Member Agreement and the Owner Guarantee.

36. CLAIMS FOR DAMAGE AND LOSS

36.1 You are deemed to be in possession of the Vehicle for all times other than when a Borrower

is in possession of the Vehicle. The periods when a Borrower is deemed to be in possession

of the Vehicle are specified in the Damage Policy under the heading “Who is responsible for

damage?”

36.2 You will be fully responsible for Damage and Loss that occurs whilst the Vehicle is in your

possession (as opposed to being in the possession of a Borrower). We are not (and our

Affiliates are not) liable to you or any third party in relation to any such Damage and Loss,

and you agree to indemnify us and our Affiliates for any claims against, or damage or loss

suffered by, us or any of our Affiliates as a result of or in connection with any such Damage

and Loss, except to the extent that these claims, damage or loss have been caused or

contributed to by our negligence or wrongful act or omission.

36.3 If your Vehicle meets the eligibility criteria for Between-Booking Cover, you may choose to

purchase Between-Booking Cover from Mobility Mutual to cover your Vehicle for Damage

and Loss which occurs between Bookings and is protected under the terms and conditions

of the Between-Booking Cover PDS.

36.4 If there is Damage and Loss that results from the use or possession of your Vehicle by a

Borrower, then we or our Affiliates will:

(a) determine the quantification of the Damage and Loss in accordance with clause

35, which may be through quotations for the repairs to your Vehicle and where

appropriate an assessment of the damage;

(b) arrange for the completion of our Collision or Damage Report Form;

(i) any Excess from the Borrower if Mobility Mutual approves the claim and

pay the Excess to Mobility Mutual on the Borrower’s behalf; or

(ii) if the Borrower is not able to access Trip Cover or Mobility Mutual does

not approve the claim, the amounts owing to you by the Borrower in

relation to the Damage and Loss from the Borrower on your behalf; and

(d) pay:

(i) the Trip Cover Excess collected from the Borrower, to Mobility Mutual; or

(ii) the applicable repair costs and other amounts collected from the

Borrower or Mobility Mutual (including any claim settlement) on your

behalf, either to you or directly to the repairer on your behalf or to the

person you direct us to pay.

36.5 We may, in accordance with the Owner Guarantee or otherwise in our absolute discretion

pay you in advance of collecting such amount from the Borrower or Mobility Mutual, in which

20240201_1 31

case such amount (once collected) will be owed to us by way of reimbursement for the

payments made, instead of to you.

37. LIABILITY FOR PARKING AND DRIVING INFRINGEMENTS

37.1 If an Infringement Notice is issued in relation to an infringement occurring during any time

other than:

(a) while Borrower has possession of the Vehicle, or

(b) when your Vehicle incurs a parking fine in the place where it was left by a

Borrower,

then you are responsible for payment of the Infringement Notice. Neither the

Between-Booking Cover nor the Owner Guarantee provides protection for fines, penalties

and infringements.

37.2 You are responsible for ensuring that your Vehicle’s home location as listed in the Vehicle

Profile is a place where the Vehicle can be left indefinitely without incurring a parking fine. If

a Borrower leaves the Vehicle in its specified home location or as otherwise directed by you,

and an Infringement Notice is issued for your Vehicle, then you will be responsible for the

payment of any Infringement Notice issued after the Borrower ceases to have possession of

the Vehicle.

37.3 If you receive an Infringement Notice that you reasonably believe is the responsibility of a

Borrower, you should notify us and provide us with reasonable cooperation to ensure the

Infringement Notice is assigned to the appropriate Member for resolution. Trip Cover does

not provide protection for fines, penalties and infringements.

37.4 If you dispute your liability for an Infringement Notice, then you may raise the dispute with us

and it will be dealt with in accordance with the Complaints and Dispute Resolution Policy.

38. OWNERSHIP AND RETURN OF TOLLING DEVICE AND LOCKBOX

SYSTEM (INSTANT KEYS VEHICLES ONLY)

38.1 If your Vehicle is approved to be an Instant Keys Vehicle, a Lockbox System may be

provided to you to facilitate your participation in the Service. Any Lockbox System provided

to you will remain our property at all times. The Tolling Device will remain the property of the

authority or company that provides them.

38.2 You must facilitate the removal of, and return, any Tolling Device or Lockbox System in your

possession to us:

(a) before you sell or transfer possession of the vehicle to another person or move it

to a location outside of the operating area of the Service;

(b) if we have sent them to you to install in your Vehicle and you have not installed

them within 20 business days of receipt (or another period agreed with us);

(d) at any other time if we reasonably request that you do so.

38.3 You agree to pay us the replacement cost of the Tolling Device or Lockbox System If we do

not receive the Tolling Device or Lockbox System within 20 business days after we request

in writing for it be returned to us, or if you transfer ownership or possession of the vehicle

containing the Tolling Device or Lockbox System to another person without returning these

items to us, then you agree to pay us the replacement cost of those items and a reasonable

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handling fee (as set out in the Fee Schedule) and authorise us to charge these costs to your

account upon notification to you.

39. USING THE LOCKBOX

39.1 If your Vehicle is equipped with a Lockbox, you may use the Website to generate a personal

identification number (PIN) that provides you access to unlock the Lockbox for your Vehicle

at any time.

39.2 You must keep each PIN secure at all times and only disclose it to persons authorised by

you to access the Vehicle.

40. APPLICATION AND REMOVAL OF STICKERS

40.1 We may apply stickers to your Vehicle with your consent, or send you stickers to apply.

40.2 If you remove the stickers and do not follow the reasonable instructions set out in our Help

Centre, then you may damage the paintwork on your Vehicle. We will not be responsible for

the costs of repairing any damage caused by your removal of the stickers where this is not

done in accordance with our instructions.

41. LIABILITY FOR PENALTIES, LOSS OR DAMAGE RESULTING FROM

FAILURE TO REGISTER YOUR VEHICLE OR ENSURE ITS

ROADWORTHINESS

41.1 If your Vehicle is unregistered, unroadworthy or does not meet the Vehicle Eligibility criteria

set out above in clause 27.1 at any time when it is made available for sharing through the

Service, you will be liable, and agree to indemnify and hold us and any Borrowers harmless

for any cost, loss, damage, fines, penalties, claims or liability arising in relation to the use of

your Vehicle except to the extent that these have been caused or contributed to by our

negligence or wrongful act or omission. Neither the Between-Booking Cover nor the Owner

Guarantee provides protection for the same.

42. SUSPENDING YOUR VEHICLE FROM THE SERVICE

42.1 We may suspend your Vehicle from the Service by making it unavailable for sharing at any

time at our discretion:

(a) if we consider, acting reasonably, that you have not complied with the terms of the

Agreement, including this Owner Agreement;

(b) if there is a problem with the Lockbox System or Booking System that affects your

Vehicle; or

our business.

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