OWNER

GUARANTEE

IMPORTANT INFORMATION ABOUT OWNER GUARANTEE

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

Agreement (available here https://www.ubercarshare.com/terms-of-use/member-agreement) in its entirety

and agree to be bound by it if you seek to List a Vehicle under the Member Agreement as an Owner.

This Owner Guarantee sets out the terms, as well as the limits and exclusions for payment of money to repair or

replace an Owner’s car if a Responsible Borrower for it being damaged or lost does not make payments for what

is owed to you under the Member Agreement. The Owner Guarantee also applies if a Responsible Borrower is

declined cover by Mobility Mutual.

The Owner Guarantee is not insurance, and is not related to Mobility Mutual’s Trip Cover products which provide

cover for Borrowers when using cars through Uber Carshare’s Services. You are responsible for ensuring that

you have acquired appropriate insurance for your car when sharing on the Uber Carshare platform.

Uber Carshare’s liability under this Agreement

Our liability to you is limited in respect of the Services we provide to you as an Owner.

Our liability for payment of damage or loss caused by a Responsible Borrower capped at the Limit which is

$50,000 in Victoria or $60,000 if listed in any other Australian state or territory, or the market value of your Vehicle

(calculated in accordance with the Member Agreement).

What is not covered under the Owner Guarantee?

There are limitations and exclusions that you should be aware of, that are not covered by this Owner Guarantee.

See clause 3 for these limitations and exclusions in full. These limitations and exclusions include:

●Wear and Tear damage;

●deterioration resulting from existing damage, rust or corrosion;

●mechanical, electrical or computer breakdowns, failures or breakages;

●the cost of repair of old damage, faulty workmanship or incomplete repairs for earlier damage;

●loss or damage to any non-standard modifications or accessories;

●loss or damage if you make Your Vehicle available for Bookings when it is in an unsafe or

un-roadworthy condition,

●theft loss, if:

○your negligent or wilful act or omission was the cause of or significant contributing factor

to the theft;

○you tamper with Security hardware; or

○you fail to comply with a reasonable instruction from us to install or maintain Security

Hardware or take another step in relation to security of your vehicle;

●loss of income or loss of profit for Borrower damage;

●loss or damage above the Limit;

● loss contributed to by you due to your action or inaction; and

● dishonest act or omission by you.

You agree that you understand that any amounts payable by Us to you will be reduced by any other amounts you

receive for certain damage or loss, such as through an insurance policy, a third party or a Responsible Borrower.

What conditions apply to the Owner Guarantee?

Certain conditions and eligibility requirements apply to the Owner Guarantee. These are set out in full at clause 4.

They include:

● you must pay your monthly Sharing Plan Fee and your vehicle must meet eligibility criteria to be

shared under the Member Agreement;

● your Vehicle must be regularly inspected and maintained;

● you must report damage caused by a Responsible Borrower within 42 days of the end of the

Booking Period;

● you must provide photographs and allow for your Vehicle to be inspected;

● if requested, you must provide a signed proof of loss to us including photographs, service or

condition reports, ownership of your Vehicle or documents relating to any lease, mortgage etc

over the Vehicle; and

● payment may be denied if you breach the Member Agreement which contributes to damage or

loss or results in costs for Uber Carshare.

Are there any indemnities in the Agreement?

Yes. You agree to indemnify Us for third party claims connected to this agreement (clause 10.1).

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

cancelled or this Agreement terminated?

In addition to termination and suspensions rights under clause 24 of the Member Agreement, we can modify or

terminate the Owner Guarantee on notice to you if these Terms are construed to be an insurance contract, we

are required to obtain a license or permit of any kind to continue to provide the Owner Guarantee, or the Owner

Guarantee is determined to violate applicable laws.

1. Definitions

The following capitalised terms have the following meanings. Capitalised terms used

in these terms and conditions (“Terms”) and not defined here are defined in the

Member Agreement.

“Covered Loss” means and is limited to:

(a) Theft Loss: or

(b) Responsible Borrower Loss,

but limited to the Quantified Value and excluding any Excluded Losses.

“Excluded Loss” has the meaning set out in Limitations and Exclusions below.

“Limit” means $50,000 AUD for Your Vehicle if it is listed in Victoria, or

$60,000AUD if listed in any other Australian state or territory, or the market

value of your Vehicle immediately prior to the time of the Damage and Loss as

determined in accordance with the Member Agreement, whichever is the

lower.

“Member Agreement” means Uber Carshare’s Member Agreement, including the

Owner Agreement, and the Policies and the Fee Schedule, as amended from time to

time.

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

“Quantified Value” means the amount that the Responsible Borrower is liable to pay you

for Damage and Loss to Your Vehicle, calculated in accordance with section 35 of Member

Agreement (“Damage and Loss to Your Vehicle”) and the Damage Policy.

"Related Entity” has the meaning given in the Corporations Act 2001 (Cth).

“Responsible Borrower” means a Borrower of Your Vehicle who is liable for

Damage and Loss under the Member Agreement.

“Responsible Borrower Loss” means Damage and Loss to Your Vehicle for which a

Responsible Borrower is liable under the terms of the Member Agreement.

"Security Hardware” means any item of hardware (including embedded firmware)

affixed or attached to your Vehicle for the purposes of identifying the location of the

Vehicle or preventing theft, Loss or Damage to the Vehicle and any other item of

hardware that may be reasonably required by us to be affixed or attached to your

Vehicle from time to time to adequately secure the Vehicle or prevent theft, Loss or

Damage to the Vehicle and as notified to you.

“Theft Loss" means Damage and Loss to Your Vehicle arising out of the theft of

Your Vehicle in circumstances where the hardware or software supplied by Us to

facilitate the sharing of Your Vehicle was the cause of or a contributing factor to the

theft.

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

1. About the Owner Guarantee

1.1. These Terms apply when you List Your Vehicle or otherwise use the

Service as an Owner. They form part of the Member Agreement.

1.2. By listing Your Vehicle with the Service, you agree to comply with and

be bound by these Terms. Except as permitted by law, these Terms do

not affect your statutory rights.

1.3. Uber Carshare provides Owners with this guarantee (“Owners

Guarantee”) solely for the purpose of promoting use of the Service by

building loyalty among our Members and confidence for Owners in

listing Vehicles for use by other Members through the Service.

1.4. These Terms do not constitute insurance or an insurance contract,

are not intended to constitute an offer to insure, and do not take

the place of insurance.

1.5. If you have any questions about this Owner Guarantee, please email

members@ubercarshare.com.

2. The Owner Guarantee

2.1. Uber Carshare agrees to pay you, as an Owner, to repair or

replace Your Vehicle if it is lost, damaged or destroyed as a result

of a Covered Loss, subject to the limitations, exclusions and

conditions in these Terms.

2.2. If you do not comply fully with all of the requirements and conditions in

these Terms, you may not be eligible for any payments for Covered

Losses. You should carefully review and understand the limitations and

exclusions in these Terms, and make your own arrangements to

protect your Vehicle (including any personal property) against any

losses or liability not covered by the Owner Guarantee.

2.3. You agree to check your Vehicle regularly as required by the Member

Agreement and Damage Policy, and to report loss or damage via the

Help Centre as soon as possible after you become aware of it and at

latest within 42 days after the end of the Booking Period during which

the loss or damage occurred.

2.4. In respect of Responsible Borrower Loss, you agree to use your best

efforts to communicate with the Responsible Borrower and attempt to

make a recovery for the Damage and Loss directly with the

Responsible Borrower and any other liable parties and we agree

(acting reasonably) that you have exhausted all reasonable avenues

for making a recovery for the Damage and Loss from the Responsible

Borrower, the Responsible Borrower’s insurer or, where the

Responsible Borrower holds TripCover, Mobility Mutual.

2.5. In respect of Theft Loss, you agree to use your best efforts to make a

recovery for the Damage and Loss directly with any other liable

parties and we agree (acting reasonably) that you have exhausted all

reasonable avenues for making a recovery for the Damage and Loss.

2.6. You acknowledge and agree that any amount of Covered Losses

payable to you under the Owner Guarantee will be reduced by any

amounts you receive for the same Covered Losses from a source

other than the Owner Guarantee, including without limitation:

2.6.1. amounts received under an insurance policy or

discretionary cover arrangement, guarantee or indemnity;

2.6.2. any recovery made against a person who is at fault or partly or

wholly legally liable for the Damage and Loss to Your Vehicle;

and

2.6.3. payment directly by the Responsible Borrower, Mobility

Mutual, or other party or an insurer or guarantor of such

party;

and you agree to repay to us any amounts that we may already have

paid you, to the extent that you receive any of these types of

payments from someone other than Uber Carshare.

3. Limitations and Exclusions

You will not be entitled to any payment under the Owner Guarantee for any of the

following (“Excluded Losses”):

3.1. In respect of Responsible Borrower Loss, loss or damage that, in our

reasonable opinion, the Borrower is not responsible for under the

terms of the Member Agreement or that cannot be attributed to the

Borrower, including;

3.1.1. Wear and Tear;

3.1.2. deterioration resulting from existing damage, rust or corrosion;

3.1.3. mechanical, electrical or computer breakdowns, failures or

breakages;

3.1.4. repairs carried out without our consent (not to be withheld

unreasonably);

3.1.5. the cost of repair of old damage, faulty workmanship or

incomplete repairs that were in existence prior to the

Accident;

3.1.6. loss or damage to any non-standard modifications or

accessories that were not supplied by the manufacturer; or

3.1.7. loss or damage if you make Your Vehicle available for

Bookings when it is in an unsafe or un-roadworthy condition,

3.2. in respect of Responsible Borrower Loss, loss of use, loss of profit or

loss of income in excess of any ‘unable to use compensation’ for

which the Responsible Borrower is liable to you under the Member

Agreement;

3.3. in respect of Theft Loss, loss of use, loss of profit or loss of income in

excess of any ‘unable to use compensation’;

3.4. loss, cost, expense, damage, or deterioration arising from your

action or inaction that, in our reasonable opinion, increases the

costs of repairs or results in other additional costs, for the

proportion of loss, cost, expense, damage, or deterioration

directly attributable to your action or inaction (except to the extent

that the loss, cost, expense, damage, or deterioration has been

caused or contributed to by our negligence or wrongful act or

omission);

3.5. any losses, damages, cost or expense of whatsoever nature,

directly or indirectly, caused by, relating to or resulting from:

3.5.1. allowing access to Your Vehicle or its keys in any way

other than through the Uber Carshare Service and in

accordance with the Member Agreement;

3.5.2. giving permission to a Borrower to use Your Vehicle:

3.5.2.1without a Booking;

3.5.2.2 outside of a Booking Period; or

3.5.2.3 in a manner inconsistent with these terms or the

Member Agreement which results in a Borrower

breaching the Member Agreement (for example,

instructing a Borrower to park in a restricted parking

space);

3.5.3. any dishonest act or omission committed by you or any

persons or entities retained by you to do anything in connection

with Your Vehicle, unless such persons or entities are a

Responsible Borrower and such act is done without your

knowledge;

3.6. any losses, damages, cost or expense of whatsoever nature, directly

or indirectly, caused by or resulting from any of the following,

regardless of any other cause or event that contributes to them:

3.6.1. any hostile act or act of war, terrorism, insurrection or rebellion; or

3.6.2. seizure or confiscation by order of any governmental

or public authority;

3.7. loss or damage in excess of the Limit;

3.8. losses arising from indirect or remote causes;

3.9. Theft Loss, if we determine (acting reasonably) Your negligent or wilful act

or omission was the cause of or a significant contributing factor to the theft;

3.10. Theft Loss, if You tamper with any of the Security Hardware on your

Vehicle; or

3.11. Theft Loss, if You have received a prior written notice from us or our

Related Entity (where the amount of notice has been reasonably

determined by us or our Related Entity) to comply with our reasonable

instructions to:

3.11.1. install Security Hardware provided by us in Your Vehicle;

3.11.2. maintain the Security Hardware in Your Vehicle (including, without

limitation, by performing firmware updates, or replacing batteries); or

3.11.3. take any other step relating to the security of Your Vehicle as

reasonably requested by us or our Related Entity,

and You fail to comply with the notice in any material respect (including any

reasonable installation or maintenance instructions provided in the notice)

or You fail to comply with the notice by the time specified in the notice. See

also clause 6.3.

4. Conditions to the Owner Guarantee

4.1. In order to be eligible to obtain payment under these Terms, you

must fully comply with each of the following conditions.

If you do not fully comply, or are unable to demonstrate that you have

complied, then you will not be entitled to any Covered Losses.

4.2. Your eligibility for the Owner Guarantee is conditional upon:

4.2.1. payment by the due date of your monthly Sharing Plan Fee,

with no Sharing Plan Fees or other amounts being overdue at

the time when the Damage and Loss occurred; and

4.2.2. Your Vehicle meeting the eligibility criteria set out in the

Member Agreement at the time when the Damage and

Loss occurred.

4.3. In respect of Responsible Borrower Loss;

4.3.1. your Vehicle must be regularly inspected in accordance with

the Member Agreement to determine whether there is any

Damage and Loss to it which is reasonably caused during a

Booking;

4.3.2. if you identify any Damage and Loss that has not been

reported by a Responsible Borrower, you must notify Uber

Carshare as well as the Responsible Borrower about your

complaint and attempt to resolve the issue and pursue your

claim and legal rights to be indemnified by the Responsible

Borrower within 42 days of the end of the Booking Period end

date. You may fulfill this obligation by submitting a claim via

the Uber Carshare Help Centre;

4.3.3. you must, on our reasonable request, provide photographs of

any damage, allow us or others who we nominate to inspect

Your Vehicle, and deliver it for inspection to any place, at such

times and for such durations, that we reasonably specify.

However, our right to make inspections, or making of

inspections, and any analysis, advice, or inspection report will

not constitute an undertaking by us to determine or warrant that

the damaged Vehicle is roadworthy or safe to drive. We will

have no liability to you or any other person because of any

inspection or failure to inspect Your Vehicle;

4.3.4. you must protect Your Vehicle from further loss or damage.

4.4. If Your Vehicle is damaged or lost due to a theft or other violation of

law, you must make a police report about the incident and provide

Uber Carshare with a certified copy of the report.

4.5. You must provide us with all information we reasonably request in

order to determine the Quantified Value, and provide reasonable

cooperation to us, including signing any documents, and responding

in a timely manner to any reasonable requests for additional

information or documentation that we or our nominees may require or

request.

4.6. If Your Vehicle is subject to a loan, mortgage or other security interest,

you must notify your lender/mortgagee in writing of any loss and

provide us with a copy of the notice. If the lender/mortgagee notifies

you that they are entitled to proceeds for the loss, you must provide us

with a copy of their request and details so that we can communicate

directly with the lender. If the loss is determined to be a Covered Loss,

we will pay the loss benefit(s) to the lender up to the value of the

security interest but not more than the Limit (subject to the exclusions,

limitations and conditions of these Terms). To the extent of applicable

law, we will not pay you unless and until your monetary obligation to

the lender/mortgagee has been satisfied.

4.7. If we request you to do so, you must deliver a signed and sworn proof

of loss to us within 7 days of our request, including:

4.7.1. Evidence and proof of the damage or loss in the form of

receipts, photographs, videos, documents and other

verifiable forms of proof.

4.7.2. The ownership or other interest of you and all other parties

in Your Vehicle.

4.7.3. All liens, encumbrances, mortgages, guarantees and all

other contracts of insurance, whether valid or not, covering

Your Vehicle.

4.7.4. Any service reports or condition reports for Your Vehicle.

4.7.5. Any changes in the title, possession, or eligibility for listing

on the Service of Your Vehicle since the date it was enrolled

in the Service.

4.8. If Your Vehicle is damaged beyond economical repair or stolen and not

recovered, and we make a payment to you under this Owner

Guarantee, then you agree that Your Vehicle becomes ours and agree

that we are entitled to receive the proceeds from its salvage value.

4.9. You must not have misrepresented any facts or committed fraud or

any other dishonest or deceptive act in connection with the use by the

Responsible Borrower of Your Vehicle or the preparation or

submission of any past or present report of damage or loss under the

Member Agreement or these Terms. If you make any

misrepresentation, or act fraudulently, dishonestly or deceptively at

any time, we will not make any payments under the Terms, recover

any payments that we may have made to you under these Terms, and

the Owner Guarantee as they relate to you and Your Vehicle will end.

4.10. If you make a claim under this Owner Guarantee:

4.10.1. in respect of Responsible Borrower Loss, you permit us to

review, and will provide copies to us upon request of, all

communications between you and the Responsible Borrower;

and

4.10.2. you acknowledge that we or our nominees may

independently investigate (or have independently

investigated) the facts and circumstances relating to

your request for payment.

4.11. You must comply at all times with your obligations under the Member

Agreement. You acknowledge and agree that we may, at our sole

discretion (acting reasonably), deny payment in full or in part if you

are in breach of those obligations, where such breach has

significantly contributed to the Damage or Loss or directly resulted in

costs for Us.

5. Determination of the Amount of the Covered Loss

5.1. The amount of Covered Losses will be calculated on the basis set

out in the Member Agreement and Damage Policy.

5.2. For each of Your Vehicles, the loss amount will be the lesser of (i) the

market value as determined under the Member Agreement; or (ii) the

cost to repair the Vehicle.

5.3. Any amount of any Covered Losses payable under the Owner

Guarantee will be reduced by the amount already paid to you or for

your benefit by a Responsible Borrower, Mobility Mutual or other

source (such as an insurer or other at-fault/responsible party) for all or

part of the same Covered Loss.

6. Payments

6.1. If you have made a request for payment under the Owner

Guarantee and such a payment request is approved in whole or in

part for a Covered Loss (any such approved payment request, an

“Approved Payment Request”), you will be paid the amount of the

Covered Loss as calculated by Uber Carshare.

6.2. For an Approved Payment Request that involves Covered Losses for a

Vehicle that is owned by a party other than you, we reserve the right, in

our sole discretion, to pay all or a portion of the amount covered in

such Approved Payment Request either to you or directly to the owner

of such Covered Property. If an Owner Guarantee payment for all or a

portion of such amount is made directly to the owner of the Vehicle,

then you agree that such payment will be treated for purpose of the

Approved Payment Request as being paid to you directly, and that you

will be solely responsible for collecting from the owner of the Vehicle

any portion of such payment to which you believe you are legally

entitled. For clarity, your indemnification obligations set forth below

under the paragraph entitled “Indemnification” will apply to claims

arising from any payments made pursuant to the Owner Guarantee,

including without limitation any payments made directly to the owner of

Your Vehicle.

6.3. If you receive a notice from us under clause 3.11, and taking any other step

relating to the security of your Vehicle as reasonably requested in the notice

will involve you incurring out of pocket costs and expenses, you must in any

event comply with such notice by the time specified in the notice, and we

must upon your written request reimburse you any reasonable out of pocket

costs and expenses that you incur.

7. Acknowledgments and Agreements by the Owner

You acknowledge and agree that:

7.1. You cannot assign or transfer any of the benefits of the Owner

Guarantee, but Uber Carshare may decide to compensate the Vehicle

Owner for the Covered Losses, if you do not own the Vehicle. In such

cases, no payment will be made to you.

7.2. Uber Carshare reserves the right, at any time, to offset or deduct

from the amounts payable or paid by Uber Carshare to you under

these Terms, any amounts that is entitled to by way of an existing

debt, or which is entitled to subsequently collect, from any other

person or entity who is obligated to compensate you for losses or

damages.

7.3. Uber Carshare has the right to exercise your legal rights and seek to

be subrogated to your rights and recover against any person or entity

whatsoever who is actually or allegedly responsible for causing the

losses or damages which are the subject of the Covered Losses, even

if that person or entity is a family member, spouse or relative of you or

another Member and Uber Carshare can assign its right to do so, to

any person in its absolute discretion if it has paid the Covered Losses.

Further, you agree that, with respect to any payments made under the

Owner Guarantee by, or on behalf of, Uber Carshare, you will assist in

and cooperate fully with Uber Carshare regarding any reasonable

efforts at subrogation and recovery including assignment of your legal

rights where this is required to assist Uber Carshare to make a

recovery against a third party.

8. Modification or Termination of Owner Guarantee Terms

8.1. In addition to modification, termination and suspension rights under

the Member Agreement, we may modify or terminate these Terms,

at any time, in our sole discretion, and we will notify you by email of

such modification or termination, if: (i) these Terms are construed to

be an offer to insure or constitute insurance or an insurance contract

or insurance service agreement by any governmental or regulatory

authority in any jurisdiction; (ii) we are required to obtain a license or

permit of any kind to continue to provide these Terms in any

jurisdiction; or (iii) we determine, or a court or arbitrator holds, that

the provisions of these Terms violate applicable law.

8.2. For a termination under these Terms or clause 24 of the Member

Agreement, we will continue to process:

8.2.1. any Owner Guarantee payment requests that you filed prior to

the effective date of termination, and

8.2.2. any Owner Guarantee payment requests relating to Covered

Loss which occurred prior to the effective date of termination.

9. Disputes

9.1. If you dispute a decision that we make in relation to these Terms,

then you may raise the dispute with us and we will respond to it in

accordance with the Complaints and Dispute Resolution Policy

(available at

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

10. Indemnification

10.1. You agree to indemnify and hold Uber Carshare and its Affiliates,

and its and their officers, directors, employees and agents, harmless

from and against any third party claims, liabilities, damages, losses,

and expenses, including, without limitation, reasonable legal fees,

arising out of or in any way connected with the these Terms, except

to the extent that these costs have been caused or contributed to by

our negligence or wrongful act or omission.

11. General Provisions

11.1. If you do not own the Vehicle that you Listed, the immediately

preceding paragraph applies specifically to any dispute between you

and the owner of the Vehicle. You are fully responsible for securing

the Vehicle owner’s permission to list the Vehicle with Uber

Carshare and complying with the scope of any permission granted.

11.2. These Terms constitute the entire and exclusive written understanding

and agreement between Uber Carshare and you regarding the Owner

Guarantee, and these Terms and supersede and replace any and all

prior agreements between Uber Carshare or any of our Affiliates and

you regarding the Owner Guarantee.

11.3. You may not assign or transfer these Terms, by operation of law or

otherwise, without our prior written consent. Any attempt by you to

assign or transfer these Terms, without such consent, will be null and

of no effect. Uber Carshare may assign or transfer these Terms as part

of an internal company reorganisation, and will notify you of same.

Your right to terminate the Member Agreement with Uber Carshare

remains unaffected. Subject to the foregoing, these Terms will bind

and inure to the benefit of the parties, their successors and permitted

assigns.

11.4. The failure of Uber Carshare to enforce any right or provision of these

Terms will not constitute a waiver of future enforcement of that right or

provision. The waiver of any such right or provision will be effective

only if in writing and signed by a duly authorised representative of Uber

Carshare. Except as expressly set forth in these Terms, the exercise

by either party of any of its remedies under these Terms will be without

prejudice to its other remedies under these Terms or otherwise. If for

any reason an arbitrator or a court of competent jurisdiction finds any

provision of these Terms invalid or unenforceable, that provision will be

enforced to the maximum extent permissible and the other provisions

of these Terms will remain in full force and effect.