Share EV Fleet EV
Agreement for Tesla Ridesharing Rental
1 Introduction
Your contract to hire a Vehicle from Share EV Fleet EV (Rental Contract) comprises:
(a) the agreement (Rental Agreement) You have signed to hire the Vehicle;
(b) the Handover Inspection Report;
(c) Our Privacy Policy; and
(d) these rental Terms and Conditions (Terms and Conditions);
and together they create binding and enforceable legal obligations.
1.2 Relevant law
The Rental Contract is governed by the laws of Queensland and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 Australian Consumer Law
You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.
1.4 Amending these Terms and Conditions
We may amend these Terms and Conditions by providing You with 30 days' notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.
⚠️IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 12 for further details.
(a) Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
(b) Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
There is a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 25 and not over 75 years of age and have no less than 2 years driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
(a) You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
(ii) appropriate for the class of the Vehicle; and
(iii) not subject to any restriction or condition.
(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
2.4 Cancelled and suspended licences
The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
(a) is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.
2.5 False and misleading information
The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.
⚠️IMPORTANT NOTICE
A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 12 for further details.
3.1 The Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.
3.2 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) as a tool of trade;
(iv) to propel or tow another vehicle, trailer or boat;
(v) in any opencast or underground mining activity;
(vi) to carry or transport illegal drugs or substances;
(vii) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(viii) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
(c) use a mobile phone:
(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or
(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.
3.3 You and any Authorised Driver must not:
(a) damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
3.4 You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward, except for authorised rideshare or booking services as required by clause 3.5;
(b) more than the number of passengers for which the Vehicle is licenced; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
3.5 Prior to carrying passengers for hire, fare or reward, You and any Authorised Driver must:
(a) Obtain Our permission for each Authorised Driver and service;
(b) ensure compliance with relevant local laws and obtain all relevant licences and permits, even if We provide them; and
(c) meet the requirements of any booking platform (eg: Uber) and acknowledge We are not responsible for any actions taken by booking platforms (including actions that prevent Yu from using the platform).
⚠️IMPORTANT NOTICE
A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 12 for further details.
4.1 The Vehicle must never be driven:
(a) on an Unsealed Road;
(b) Off Road; or
(c) in any area where snow has fallen or is likely to fall.
4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters or any area exposed to saltwater;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.
4.3 The Vehicle must never be driven, taken or used:
(a) more than 400 kilometres from the Rental Station;
(b) onto any ferry; or
(c) onto any island off mainland Australia;
unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
⚠️IMPORTANT NOTICE
A breach of any of clauses 5.6, 5.7, 5.8, 5.9, or 5.10 is a Major Breach of the Rental Contract. See clause 12 for further details.
At the Start of the Rental and before collecting the Vehicle You must:
(a) present Your driver's licence and that of any Authorised Driver and permit copies of the drivers' licences to be made and kept by Us;
(b) present Your passport if You are not an Australian citizen; and
(c) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Rental Station.
5.2 Long Term Rental Particulars
(a) Rental Charges must be paid two days in advance of each week, and is payable for every week of use or part thereof.
(b) The Rental Charges and supercharging costs are to be paid automatically by direct debit or other automatic means We accept.
(c) The Standard Security Deposit and Damage Excess is $2,000.
(d) On unlimited kms Plans regular maintenance and one set of tyres per 12 months (pro rata) is inlcuded.
(e) The early termination fee is two (2) weeks' Rental Charges which applies in the contract period (excluding any trials and week-to-week Long Term rentals).
(f) The notice period for terminating the Rental Contract is a minimum of two (2) weeks.
(g) You may upgrade to a newer model Tesla without incurring a termination fee or serving the full notice period, subject to availability and paying any difference in pricing. The lender may provide You with a comparable electric vehicle in order to meet resource, maintenance or other company requirements at no extra charge on a short or long term basis.
(h) If You make a successful referral for another client to take out a long term rental, You will be rewarded with 1,000 kilometre free supercharging credit (which will be applied as a $100 credit to your account) after the referred driver completes any trial and continues.
(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the Rental provided that:
(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges;
(ii) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;
(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;
(iv) the exterior and interior of the Vehicle are clean; and
(v) there has not been a Major Breach of the Rental Contract,
(b) If at the End of the Rental You fail to pay any of the amounts in clause 5.3(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.
5.4 During Your rental
During Your rental You must not:
(a) use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;
(b) smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
(c) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.
Additional cleaning, disinfection and deodorising charges will apply.
5.5 Seat belts and restraints
You must comply with all mandatory:
(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
(b) child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.
5.6 Vehicle to be locked and keys kept in Your possession
You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote-control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) complying with any warning indicators and upon becoming aware of any such indicators or mechanical fault, stopping and parking the Vehicle and contacting Roadside Assistance; and
(d) making sure it is not overloaded.
5.8 Maintenance for longer term rentals
(a) If the Rental Period exceeds 30 days You must:
(i) perform the regular inspections We request;
(ii) report any maintenance or serviceability issues including any on screen alerts;
(iii) if We request, book any required service and if required, take the Vehicle to its service;
(iv) return the Vehicle to a Rental Station for a periodic inspection at our request; and
(v) immediately provide access to Our service providers to change wheels or tyres in the case of a leak;
(b) We will pay for the normal services and parts, providing that these issues were not caused by You or any Authorised Driver or passenger.
(c) We will provide a full set of tyres that we every 12 months pro rata, equivalent to one (1) tyre per 3 month period. This allocation is for tyre wear and punctures. We will charge for additional tyres at cost, which We endeavour to keep below market rates. We do not normally pay for third party tyres from Tesla or other tyre shops.
(d) If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.
5.9 Notification of Vehicle fault
You must inform Us immediately if:
(a) a warning light or fault message appears; or
(b) the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
5.10 Repair without authority prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.12 Staying with the Vehicle after an Accident
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
6 Charging the Vehicle
6.1 You acknowledge:
(a) the displayed range is an estimate and depends on a variety of factors including speed, temperature and topography;
(b) the Tesla app recommends charging limits particular to the Vehicle which should be observed.
(c) keeping the Vehicle between 30% and 90% charge is recommended when not in use; and
(d) discharging below 5% can damage the battery and You will avoid this.
6.2 You must not embark on any journey without a minimum 10% estimated range at Your next charging stop, accounting for these factors.
7 Rental Period, costs and charges
7.1 Short term rental
(a) Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.
(b) We understand that circumstances change and that You may request the Vehicle for longer than the Rental Period, subject to availability. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
(c) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:
(i) terminate the Rental Contract; and
(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
7.2 Cancellation and 'No Show'
(a) You will be charged the Rental Charges for the Rental Period as booked if:
(i) Your booking is cancelled within 72 hours prior to the Start of the Rental; or
(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Vehicle;
unless We are able to rent the Vehicle to another renter for an equivalent term and rate.
(b) A cancellation is not effective until acknowledged and confirmed by Us.
(c) Changes to Your booking may be accommodated by Us if the changes are made more than 72 hours prior to the Start of Your rental, subject to availability and Your payment of any change that increases the price of the rental and any change fee that applies.
(d) Refunds may be offered for cancellations more than two (2) weeks prior to the Start of the Rental. A cancellation fee may apply.
7.3 Long term rental (30 days or longer)
(a) For Rental Periods of 30 days or more, all moneys owed to Us under the Rental Contract, including the Rental Charges, must be paid strictly in accordance with clause 5.2(b).
(c) You must pay any early termination fee that applies per 5.2(e).
(d) There is no refund if the Vehicle is returned before the expiration of the two (2) week day notice period.
7.4 Fines and infringements
(a) You and any Authorised Driver must pay
(i) all tolls;
(ii) fines or charges imposed for parking;
(iii) infringements and fines imposed for speeding and other driving offences; and
(iv) fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver for any toll, fine or infringement.
(a) You and any Authorised Driver must pay all tolls.
(b) For short term rentals an electronic tag (e-tag) may be fitted for use of the Vehicle on toll roads and the e-tag must not be removed from the Vehicle. All toll charges will be debited from Your nominated automatic payment method within a reasonable time after We receive an invoice from the toll road operator.
(c) For longer term rentals (exceeding 30 days) an e-tag is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads. If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee for each nomination.
(a) $75 for administering any third party fee or infringement notice.
(b) $200 for repairable minor gutter rash per wheel.
(c) $300 for minor scratches the owner decides do not need repairing.
(d) $300 for administering a major repair plus costs of repair.
7.7 Return of the Vehicle
(a) You must return the Vehicle:
(ii) for shorter term rentals, on the date and by the time shown in the Rental Agreement and for longer term rentals by the last day of the notice period in clause 7.3(b);
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition, it was in at the Start of the Rental, fair wear and tear excepted; and
(v) with a charge level of no less than 35%.
(b) If You return the Vehicle earlier than the date shown in the Rental Agreement or the last day of the notice period for longer term rentals there is no entitlement to a refund.
(c) If You return the Vehicle at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
(d) For shorter term rentals:
(i) if You return the Vehicle more than one (1) hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us if subsequent bookings of the Vehicle are not impacted by Your late return; and
(ii) if Your late return impacts a subsequent booking, You may be liable for the value of that subsequent booking.
(e) For longer term rentals (30 days or more) if You return the Vehicle at any time later than the last day of the notice period, We will charge You a full day's rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us.
7.8 Post rental inspection procedure
(a) You must complete an inspection at the completion of Your rental and notify Us of any Damage
(b) We may conduct Our own inspection and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.
7.9 End of the Rental requirements
At the End of the Rental, You must pay:
(a) the balance of the Rental Charges (if any);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including extra cleaning costs;
(d) for all Damage arising from a Major Breach of the Rental Contract;
(e) for all Overhead Damage;
(f) for all Underbody Damage; and
(g) for any Damage caused by the immersion of the Vehicle in water.
7.10 Credit card authority
(a) Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid, including:
(i) the Rental Charges;
(ii) tolls;
(iii) speeding and traffic fines and infringements;
(iv) fines or charges imposed for parking;
(v) extra cleaning costs; or
(vi) the Damage Excess.
(b) You authorise Us to debit Your credit card or nominated automatic payment method with that amount within a reasonable time after the End of the Rental.
7.11 Default in payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
8.1 Damage Excess
(a) Standard Damage Cover is included in the Rental Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless:
(i) You have fully completed an Incident Report Form with:
(A)
the name, residential
address, contact phone and licence number of any person involved (Third
Party);
(B)
the registration number
of all vehicles involved;
(C)
an accurate written and
diagrammatic description of the Accident and location; and
(D)
the names and addresses
of all attending police officers and the stations at which they are based;
(ii)
you have taken all necessary
steps to assist Us in Our investigation of the Accident or theft claim;
(iii)
We agree You were not at
fault; and
(iv)
the other party was
insured and their insurance company accepts liability.
(C)
an accurate written and
diagrammatic description of the Accident and location; and
(D)
the names and addresses
of all attending police officers and the stations at which they are based;
(ii)
you have taken all necessary
steps to assist Us in Our investigation of the Accident or theft claim;
(iii)
We agree You were not at
fault; and
(iv)
the other party was
insured and their insurance company accepts liability.
(ii) you have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
(iii) We agree You were not at fault; and
(iv) the other party was insured and their insurance company accepts liability.
8.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
8.3 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
8.4 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $300 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.
9.1 General exclusions
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract;
(ii) any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent; or
(iii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by immersion of the Vehicle in water;
(e) damage to the tyres of the Vehicle, other than by normal wear and tear; and
(f) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote-control devices.
9.2 Exclusion for personal items
There is also no Damage Cover for personal property in the custody of or owned by:
(a) You;
(b) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees,
that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station.
10.1 Roadside assistance
We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.
10.2 Assistance not covered
We are not responsible for:
(a) a flat battery;
(b) lost keys or remote-control device; or
(c) keys or remote-control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request.
10.3 Consequential and other loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(b) loss of enjoyment; or
(c) consequential or economic loss.
⚠️IMPORTANT NOTICE
A breach of any part of this clause 11 is a Major Breach of the Rental Contract. See clause 12 for further details.
11.1 Reporting an Accident or theft to Us
If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
11.2 Reporting an Accident or theft to the police
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
11.3 Steps You must take following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) save the Dashcam footage of the Accident and make a copy by recording the playback of the footage with another device such as Your phone;
(b) exchange names and addresses, phone numbers and email addresses with the other driver;
(c) obtain the name of the other driver's insurance company;
(d) take a photo of the other driver's licence;
(e) take the registration numbers of all vehicles involved;
(f) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(g) obtain the names, addresses, phone numbers and email addresses of all witnesses;
(h) forward all third party correspondence or court documents to Us within seven (7) days of receipt; and
(i) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer's office; or
(ii) any Court hearing.
11.4 What you must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.
You and any Authorised Driver commit a Major Breach of the Rental Contract if there is a breach of any of the following:
(a) clauses:
(i) 2 (who may drive the Vehicle);
(ii) 3 (prohibited use);
(iii) 4 (prohibited areas of use);
(iv) 5.6 (Vehicle to be locked and keys kept in your possession);
(v) 5.7 (reasonable care);
(vi) 5.8 (maintenance for long term rentals);
(vii) 5.9 (notification of Vehicle fault); or
(viii) 5.10 (repair without authority),
that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) clause 11 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
(c) clause 14.7 (removal of the driver monitoring device.)
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.
12.3 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:
(a) there has been a Major Breach; or
(b) there has been a breach of clause 11.2(b).
13 Personal Property Securities Act 2009 (Cth)(PPSA)
13.1 You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
13.2 You acknowledge that:
(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle;
(b) We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest; and
(c) We may register the Security Interest on the Personal Property Securities Register.
14 Privacy, personal Information and data sharing
⚠️IMPORTANT NOTICE
A breach of clause 14.7 is a Major Breach of the Rental Contract. See clause 12 for further details.
14.2 When We collect Your personal information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
14.3 We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
14.4 The technology associated with Teslas often means that data is generated and used in ways that are different to vehicles that are not equipped with this technology. This data can involve charging information, location data, diagnostic data, app data (if applicable), autopilot data (if applicable) and other general analytic data. Teslas also have inbuilt dashcams using the Vehicle cameras which record events on the road, as well as sentry mode footage when the Vehicle is parked (which can also be accessed remotely through the app or API.
14.5 Data that is collected by Tesla may be used to improve development of products and services and for safety-related purposes. However, this data is usually de-identified, meaning that it does not fall under the definition of "Personal Information". Nevertheless, We encourage you to read the Tesla privacy policy in order to understand how data generated by Your use of the Vehicle may be collected and used by Tesla.
14.6 By using the Vehicle, You consent to the collection of Vehicle data as set out above, including for monitoring compliance with this agreement and tracking the location of the Vehicle. You may refuse to consent to data collection and sharing prior to the Start of your Rental, but please note that in doing so, this may prevent Us from providing you with the Vehicle.
15 Definitions and interpretation
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage;
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use;
and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered and includes the additional amount for younger drivers that is payable pursuant to clause 8.3.
End of the Rental means:
(a) for short term rentals, the date and time shown in the Rental Agreement when the rental ends and by which date and time the Vehicle must be returned to Us; and
(b) for longer term rentals (30 days or more), the last day of the notice period in clause 7.3(b).
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the minimum rate of $110 per day because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of the clauses described listed in clause 12.1.
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage to the Vehicle; or
(b) Third Party Loss;
caused by:
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
PPSA means the Personal Property Securities Act 2009 (Cth).
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Security Deposit means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to clause 5.2.
Share EV Fleet EV, We, Us, Our, means ShareEV Pty Ltd trading as Share EV Fleet EV ABN 58 638 849 564.
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, tools, components and accessories, including the EVSE and includes any replacement Vehicle.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.
15.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires: