1.2 The Australian Consumer Law may confer rights that are not affected by the Agreement and no clause in the Agreement excludes, restricts or modifies any implied terms, guarantees or rights under that law or any other similar Federal, State or Territory legislation.

2.2 The Subscriber has requested, and MyMotum has agreed, that MyMotum will provide the Vehicle to the Subscriber under the terms of the Agreement.

2.3 MyMotum will make the Vehicle available to the Subscriber for the Subscription Period. On expiry of the Subscription Period, the Subscriber will be obliged to immediately return the Vehicle to MyMotum.
2.4 MyMotum agrees to provide the Vehicle to the Subscriber for the Subscription Period at the contract rate and for the fees as set out in the Agreement.

3.2 You declare and warrant that you and any Additional Driver:

1. is no less than 21 years of age;
2. hold a full Australian driver’s licence (which for the avoidance of doubt excludes provisional, probationary and learners licences or permits);
3. has not incurred any speeding fines in the last twelve (12) months;
4. has not been the subject of bankruptcy proceedings in the last 7 years;
5. has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years;
6. has not been convicted of an alcohol or drug related traffic offence or had a driver’s licence suspended or cancelled in the last 5 years; and
7. (g) does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.

3.3 You agree to notify MyMotum immediately if the driver’s licence of the Subscriber or any Additional Driver is suspended or revoked during the Subscription Period for any reason.

4.2 The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the Police or any other Government authority has issued a warning or caution.

4.3 You must ensure that the Vehicle is not used:

1. for an illegal purpose;
2. to carry dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
3. in a race or contest;
4. for towing, unless the Vehicle is fitted with an approved tow bar;
5. when it is damaged or unsafe;
6. for any purpose, other than catered for by its design and or as prescribed in the Vehicle manual;
7. to carry a greater load than that for which it was built and or as prescribed in its manual;
8. when under the influence of alcohol or drugs or a preliminary breath test or drug impairment assessment is refused;
9. to carry animals, except household pets and assistance animals; or
10. to carry more persons than may be properly accommodated by the seat belt restraints.

4.4 You must ensure that the Vehicle is not:

1. sublet or re-hired to any third party;
2. sold or disposed of (whether in whole or in part) and you must ensure that no person is given (purported or otherwise) any legal rights over the Vehicle; or
3. modified in any way irrespective of whether the modifications are permanent or reversible.

4.5 You must ensure that the Vehicle is driven in a safe manner and in compliance with all road rules. You acknowledge that reports of unsafe driving of the Vehicle may result in the Agreement being terminated and the Vehicle being repossessed by MyMotum.
4.6 You must not smoke or allow smoking at any time in the Vehicle.
4.7 You must only use fuel prescribed for the Vehicle in the Vehicle manual.
4.8 You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.

5.1 You must:

1. maintain the Vehicle in the condition in which it was received and keep it secure at all times;
2. keep the Vehicle locked and the keys under your personal control when not in use;
3. take reasonable care of the Vehicle and do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Subscription Period, Fair Wear and Tear excepted;
4. maintain all of the Vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the Vehicle manual;
5. immediately report to MyMotum any functional, maintenance and or servicing issues relating to the Vehicle of which you have become aware;
6. ensure that the Vehicle’s tyre pressures are maintained at the manufacturer’s recommended pressure as prescribed in the Vehicle manual;
7. make the Vehicle available for periodic servicing as and when the service intervals fall due. If a service falls due, the Subscriber must deliver the Vehicle to the Nominated Service Location. Failure to comply with the service request is a Serious Breach entitling MyMotum to terminate the Agreement immediately and, in addition, will result in the Subscriber being liable for mechanical damage caused to the Vehicle due to a missed scheduled service, or $150.00 for each missed service, whichever is greater.
8. ensure that the Vehicle is used in compliance with any applicable seat belt and child restraint laws.

1. a warning light or fault message appears;
2. you become aware of low engine or brake oils, engine coolant levels or tyre pressures;
3. you become aware of any loss or damage to the Vehicle (or loss involving the Vehicle);
4. You become aware of any summons, Complaint, Court Document or Paper in relation to any loss or damage related to the Vehicle or use of the Vehicle.

8.2 If the Vehicle develops any fault during the Subscription Period, the Vehicle must not be used unless MyMotum has given written authority to the Subscriber do so. If MyMotum is not notified and the Vehicle continues to be used, the Subscriber and any Authorised Driver will be responsible for any resulting Damage or third-party loss.

8.3 You must not:

1. arrange to have the Vehicle moved unless MyMotum has authorised you to do so; or
2. arrange or undertake any repair or salvage of the Vehicle without our authority unless necessary to prevent further damage.

8.4 MyMotum will not reimburse you for the cost of repair, Vehicle moving, salvage, towing or transport costs unless we have specifically authorised such action and expenditure and you must be able to produce such receipts and other information or documents as we may require.

8.5 In the event of a collision in which the Vehicle is damaged, if the other party leaves the accident scene without exchanging names and addresses or appears to be affected by alcohol or drugs, you must immediately report the accident and damage to the police.

8.6 In the event of a breakdown, a 24-hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side. In the case of an emergency and our consent cannot reasonably be obtained, repairs may be completed.

9.2 The Subscriber must be available to receive the Vehicle at the agreed time at the Delivery Location. If the Subscriber is not in attendance at the agreed time at the Delivery Location, the Subscription Period will remain unaltered and an attempted delivery fee equal to the amount of the delivery fee will be incurred.

9.3 At the handover of the Vehicle to the Subscriber:

1. the Subscriber must inspect the digital photographs of the Vehicle taken by the MyMotum representative to confirm that they accurately show the internal and external condition of the Vehicle; and
2. the MyMotum representative and Subscriber must complete and sign the Handover Inspection Report.

9.4 If at the time of handover the Subscriber fails to sign the Handover Inspection Report, the Subscriber forfeits the right to dispute any claim for Damage allegedly caused during the Subscription Period.

10.2 At the end of the Subscription Period you must arrange to have the Vehicle collected, at the Designated Collection Location and no later than the pre-arranged date and time. A collection fee of $150.00 will apply.

10.3 On return, the Vehicle must be clean and tidy and in the same condition it was in on commencement of the Subscription Period, Fair Wear and Tear excepted.

10.4 The Vehicle must have a full tank of fuel upon collection.

10.5 We may require the immediate return of, or may repossess, the Vehicle without notice at any time if we reasonably believe you have committed a Serious Breach. If you have committed a Serious Breach, you must pay the cost of any repossession, outstanding Subscription Charges, Additional Charges or other reasonable charges.

10.6 You must return the Vehicle with all of its original parts, components and accessories. You are liable for the replacement cost of any missing part, components and accessories including, but not limited to, any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics and roof racks.

10.7 If the Vehicle is not made available at the time and date and at the Designated Collection Location, the Vehicle may immediately be reported as stolen and may be repossessed or deregistered.

11.2 Notwithstanding clause 11.1 you are liable for:

1. the loss of, and all damage to, the Vehicle including the cost of repair to the Vehicle, and its replacement cost as a result of it being written off following an accident or not recovered as a result of its theft;
2. the loss of or damage to any other property belonging to us, you or a third party;
3. investigation, appraisal and assessment fees;
4. the cost of towing, recovering and storing the Vehicle; and
5. all damage to your property or the property of any person which is caused or contributed to by you or which arises from the use of the Vehicle whilst in your care under the Agreement.

when

1. you or any Additional Driver acts dishonestly or fraudulently;
2. the loss or damage resulted from deliberate, dangerous or reckless conduct;
3. the loss or damage to the Vehicle or to third party property was caused or contributed to by a Serious Breach;
4. you or any Additional Driver leaves the scene of an accident before exchanging details with all involved parties;
5. you or any Additional Driver fails to report an accident to the police or us immediately;
6. any matter, risk or loss is excluded from cover under any current motor vehicle insurance policy you hold;
7. the Vehicle has been involved in two or more incidents resulting in loss or damage;
8. the driver is under the influence of drugs or with a blood alcohol content that exceeds the legal limit in the state, territory or country in which the Vehicle is driven;
9. before entering the Agreement, you failed to answer all questions truthfully, accurately and completely, or tell us any information that you knew or should reasonably have known, that would be relevant to our decision to hire a Vehicle to you;
10. theft or attempted theft occurs when the ignition keys were left in the Vehicle, or near the Vehicle whilst it was unattended by you;
11. there is any tyre, windscreen, headlight, roof or underbody damage; or
12. there is any water damage caused by the immersion of the Vehicle.

11.3 If you lock the keys in the Vehicle or misplace or lose the keys or other part or accessory to the Vehicle you must reimburse us the cost of recovering or replacing and or recoding them.

11.4 The Subscriber has no cover for:

1. damage to property belonging to, or in the custody of, the Subscriber, or any relative or friend of the Subscriber who ordinarily resides with the Subscriber;
2. any claim for loss of use or enjoyment of the Vehicle or any indirect, special or consequential damages arising in any way out of any matter covered by the Agreement; or
3. theft of personal belongings from the Vehicle.

11.5 The Subscriber uses the Vehicle at the Subscriber’s own risk. MyMotum accepts no responsibility or liability to the Subscriber, any passenger or third party for any loss (including consequential loss) damage, costs, expenses, damages or any other liabilities resulting from any accident, breakdown or any other failure of the Vehicle.

11.6 No personal accident cover is provided by the Agreement. The Subscriber’s liability for causing personal injuries from use of the Vehicle is covered by the statutory schemes for transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes).

11.7 If there is damage to the Vehicle from hail, flood, fire, storm, cyclone or other natural disasters, the Subscriber must pay the excess as detailed in clause 11.1.

12.1 The Subscriber agrees to pay MyMotum all applicable membership, ongoing, late, processing, overdue service, cleaning, unauthorised driver, wrong petrol and loss fees and costs incurred on the Subscriber’s account in relation to the Vehicle (Subscription Charges).

12.2 Your initial membership fee will be charged to you upon approval by MyMotum of your Application.

12.3 The Subscriber’s credit or debit card will be automatically charged for Subscription Charges incurred every Payment Period. All Subscription Charges paid are non-refundable.

12.4 The Subscriber is required to pay all Subscription Charges incurred (including those incurred by Additional Drivers) when due.

12.5 The Subscriber will be billed for amounts due via credit or debit card or other means as established by MyMotum. Any Subscriber account which is past due will be suspended. If payment of any amount due is rejected by the credit or debit card provided by the Subscriber, the Subscriber’s use of the Vehicle may be suspended. The Subscriber is responsible for providing and maintaining current credit card or debit card information on file with MyMotum. Issues with credit or debit card billings may result in termination of the Subscriber’s account. Under no circumstances will MyMotum be responsible for any overdraft or other fees charged by the Subscriber’s credit card company or bank. In addition, MyMotum may utilise third parties to collect amounts owed to MyMotum by the Subscriber and the Subscriber will also be responsible for any collection or similar fees associated with these collection activities.

12.6 The Subscription Charges include the following:

1. One-Time Membership Fee: If we approve your Application, your credit or debit card or bank account will be automatically charged a one-time non-refundable membership fee in the amount set out in the Subscription Agreement at the time of such approval.
2. Ongoing Subscription Fee: If we approve your Application, your credit or debit card or bank account will be automatically charged an amount equal to the ongoing subscription fee for one Payment Period at the time of such approval, which we will return (less any outstanding amount you owe us) at the end of the Subscription Period. Your account will be automatically charged the ongoing subscription fee in advance at the start of each Payment Period.
3. Refuelling Fee: If your Vehicle is returned without a full fuel tank, the Subscriber agrees to pay to replace the shortfall in fuel plus a $20 administration fee.
4. Road Toll Fee: Any toll charges incurred when you have possession of or are responsible for the Vehicle will be charged to your account and an additional processing fee of $20.00 will apply.
5. Traffic and Parking Fee: If there is any traffic or parking charges (including each fine, penalty or traffic infringement notice) incurred when you have possession of or are responsible for the Vehicle, we will nominate you as the responsible party and we will charge an additional processing fee of $20.00 to your account.
6. Detailing Fee: Smoking is not permitted in the Vehicle under any circumstances. This includes smoking devices of any kind, including electronic cigarettes, pipes, or any other smoking apparatus. If, upon the return of a Vehicle, we determine that someone has been smoking in the Vehicle while the Vehicle was in your possession, or that it needs a deep cleaning, the Subscriber will be charged a $600.00 detailing fee.
7. Cleaning Fee: If the Vehicle is returned and requires further cleaning, the Subscriber will be charged a $300.00 cleaning fee.
8. Late Payment Fee: $20 per failed payment attempt.
9. Overdue or Missed Service Fee: If a scheduled interval service is not attended by the Subscriber, a missed service fee of $150.00 will apply. This fee will apply when the Vehicle speedometer exceeds 1500km above the required service kilometres or four weeks after the missed service, whichever is sooner.

12.7 You authorise us to charge all moneys overdue and payable by you to us under the Agreement to your credit card or charge account, including any Additional Charges.

12.8 We will take reasonable steps to notify you of any Additional Charges (including without limitation, charges for unpaid traffic or parking infringements, tolls, costs of repairs and cleaning, etc.) before this amount is debited to your card or account. Such Additional Charges will be levied no later than 30 days after the end of the Subscription Period, or no more than 30 days after we receive notice of those charges, whichever is the later.

12.9 If the Subscriber is required to pay MyMotum any amount under the Agreement:

1. that amount must be paid to MyMotum on or before the due date; and
2. interest on any overdue amounts accrues daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at MyMotum’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

13.1 The Subscriber must make suitable arrangements for the payment of tolls, fines, fees and infringements that may be incurred during the Subscription Period in relation to which the Subscriber remains in possession of, or is responsible for, the Vehicle.

13.2 The Subscriber must notify MyMotum in writing as soon as the Subscriber becomes aware that a fine, penalty, traffic infringement or toll has been incurred.

13.3 Upon receipt of a fine, penalty, traffic infringement or toll notice, MyMotum will complete the required documentation to absolve themselves from liability and nominate the Subscriber as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within 7 days of receipt of the notice.

13.4 In the event that the Subscriber challenges any fine, penalty, infringement or toll notice, the Subscriber does so at his or her own expense.

13.5 Traffic and parking fines and infringements are processed through applicable local, state and national notifying authorities.

13.6 You agree that you may be liable for all costs and fees if any of the information that you have provided is false.

14.1 You may have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Agreement excludes, restricts or modifies any implied terms, guarantees or rights you may have under those laws or any other Federal, State or Territory legislation.

14.2 You release and indemnify us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Subscription Period or left in the Vehicle after its return to us.

1. accurately complete any forms and statements or provide any information or assistance we require of you;
2. not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person;
3. permit and equip us or our insurers to bring, defend, enforce or settle any claim or legal proceedings against a third party;
4. permit and equip us to claim in your name under any applicable insurance or against any third party; and
5. forward to us any claims or correspondence from any third party forthwith upon receipt.

16.2 In the event we terminate the Agreement because of your Serious Breach, you must pay:

1. all costs to replace or rectify the Vehicle to the same condition it was in on commencement of the Subscription Period, Fair Wear and Tear excepted; and
2. all reasonable costs for towing, storage and recovery of the Vehicle.

16.3 You will be entitled to terminate the Agreement at any time if MyMotum commits a Serious Breach.

16.4 If the Subscription Agreement is terminated pursuant to this clause MyMotum may immediately repossess the Vehicle from the Subscriber.

16.5 MyMotum may immediately repossess the Vehicle without notice to the Subscriber if:

1. the Subscriber has illegally parked the vehicle for longer than 24 hours;
2. the Vehicle is apparently abandoned;
3. payments are in arrears and are not received within 24 hours of the due date; or
4. the Vehicle has not been returned to MyMotum at the time and date as specified in the Agreement.

18.1 The Agreement may only be terminated in accordance with this clause or another clause of the Agreement.

18.2 MyMotum may terminate the Agreement at any time before the commencement of the Subscription Period if the Vehicle is unavailable as a result of unforeseen circumstance, such as it having been involved in a prior accident.

18.3 MyMotum or the Subscriber may terminate the Agreement at any time after the minimum subscriptiong period set out (if any) in the Subscription Agreement by providing no less than 30 days’ notice in writing.

19.1 If you wish to dispute a charge or otherwise make a claim against MyMotum under or in connection with the Agreement, you agree to first notify us in writing of the nature of the dispute or claim and provide us with such particulars and evidence as we reasonably require.

19.2 You agree to meet with MyMotum to discuss and negotiate your dispute or claim in good faith, within twenty (20) working days of notice of your complaint or claim.

1. MyMotum may, and you authorise us to, collect, use and disclose your Personal Information (including any contained in your Application and the Agreement) for the purposes set out in this clause 20.
2. We collect, use and disclose your Personal Information in order to provide you with the Vehicle under the Agreement.
3. We may collect, use and disclose your Personal Information in connection with the Agreement for the following purposes:
   1. to assess and process your Application;
   2. to assess your credit worthiness (whether before or after we approve your Application), including to disclose your Personal Information (including if you default under any payment obligations under the Agreement) to a credit reporting body (as that term is defined in the Privacy Act 1988 (Cth)) to obtain a consumer credit report;
   3. to manage our relationship with you (whether online or in person);
   4. to comply with legislative or regulatory requirements;
   5. to identify you; and
   6. for any internal processes including claims assessments, product development, strategic planning, risk management and pricing.
4. We may also collect, use and disclose your Personal Information (unless you tell us not to) to contact you to discuss other products that may be of interest to you or the company you represent.
5. You acknowledge that if you do not provide us with your Personal Information, we may be unable to provide you with our services, or deal with any insurer on your behalf.
6. You acknowledge that we may install telematics devices or similar into the Vehicle that may track the location of the Vehicle and you consent to such installation and tracking.

20.2 Providing Information About Another Person
When you give us Personal Information about another person you:

1. represent that you are authorised to do so; and
2. agree to inform the person that we have collected their Personal Information as part of this Agreement and of the contents of this clause 20.

1. We may disclose the Agreement or your Personal Information with any relevant insurer(s) in order to facilitate a claim on your behalf for any damage to the Vehicle.
2. We may also disclose your Personal Information to:
1. our related bodies corporate, agents, contractors, service providers or external advisers;
2. any other persons related to the accident (including the police);
3. insurers, reinsurers, loss adjusters, assessors and underwriters;
4. any organisation responsible for the processing of traffic or parking related infringements or road tolls, to the extent that these fees apply to the Vehicle;
5. investigators;
6. any person we consider necessary to execute your instructions;
7. any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the Agreement;
8. law enforcement, regulatory and government bodies as permitted or required by law in, Australia or overseas; and
9. overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your Personal Information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States, Japan, Singapore and Hong Kong.

3. You acknowledge that if you consent to disclosure of Personal Information to overseas recipients in clause 20.3(b)(ix), we will not be accountable under the Privacy Act 1988 (Cth) for any misuse, interference or loss or unauthorised access, modification or disclosure of the Personal Information by that overseas recipient.

1. You have the right to:
1. request access and corrections to your Personal Information that we hold; and
2. make a complaint about the way in which we manage your Personal Information.

3. Our Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled. Our Privacy Policy can be found at www.right2drive.com.au/policy or can be requested in hard copy.
4. To gain access to, seek correction of, or to complain about the handling of the Personal Information that we hold about you contact our Privacy Officer at:
   Privacy Officer, Movigo Pty Ltd 2/360 Elizabeth Street Melbourne, Victoria 3000, Australia

   or by email to privacy.officer@movigo.com.

Additional Driver: means any person named and approved in the Subscription Agreement as an Additional Driver.

Additional Charges: means the amounts payable for GST where the Subscriber may claim an input tax credit for GST, tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the Subscriber is liable for breach of the Agreement.

AFIA Fair Wear and Tear Guide: means that wear and tear guide published by the Australia Finance Industry Association (AFIA) Fleet Leasing & Rental Division (formerly Australian Fleet Lessors Association AFLA).

Agreement: has the meaning given to that term in clause 1.1.

Application: means the application form completed and submitted by the Subscriber.

Australian Consumer Law: means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Claim: means any claim, demand, action or proceeding.

Damage: means:
(a) any damage to the Vehicle;
(b) towing and salvage fees and assessing fees;
(c) Loss of Use as a result of that damage or theft,
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.

Delivery Location: means the location specified in the Subscription Agreement for delivery of the Vehicle to the Subscriber, or any other location as agreed with the Subscriber.

Designated Collection Location: means the location specified in the Subscription Agreement for collection of the Vehicle from the Subscriber, or any other location as agreed with the Subscriber.

Fair Wear and Tear: means fair wear and tear as determined in accordance with the AFIA Fair Wear and Tear Guide.

GST: means Goods and Services Tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply.

Handover Inspection Report: means the report on the condition of the Vehicle at the time of the handover to the Subscriber as set out in the MyMotum Handover Inspection app which forms part of the Agreement

Nominated Service Location: means the location agreed between the Subscriber and MyMotum.

Payment Period: means the period for payment of Subscription Charges as set out in the Subscription Agreement.

Personal Information: means information or an opinion about an identified, or reasonably identifiable, individual. Such information may be sensitive information, such as health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.

Scheduled Interval Service: Interval service as defined by agreement between the subscriber and MyMotum

Sealed Surface: means a road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.

Serious Breach: means a breach of any of the material conditions of the Agreement, including for the avoidance of doubt the conditions in clauses 4, 5, 6, 8, 10, 12 and 13.

Subscription Agreement: means the Subscription Agreement annexed to the Terms and Conditions.

Subscription Charges: has the meaning given to that term in clause 12.1.

Subscription Period: means the period commencing on the subscription commencement date shown in the Subscription Agreement and ending when this Agreement is terminated.

Terms and Conditions: means these Terms and Conditions.

Vehicle: means the vehicle (including all parts, components and accessories) provided to the Subscriber by MyMotum pursuant to the Agreement, which as at the commencement of the Subscription Period is the vehicle identified in the Subscription Agreement.

We or us or our or MyMotum: means MyMotum Pty Ltd ACN 644 264 077.

You or your or Subscriber: means the person identified as the Subscriber in the Subscription Agreement.