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Hosting Terms and Conditions

These Terms and Conditions were last updated on 11th October, 2023.

1 About evee

1.1 evee Australia (ACN 609 872 031 (“evee”, “we” or “us”) operates a web and mobile application based platform (“Platform”) and offers services including, but not limited to, the facilitation of peer-to-peer sharing and renting of electric car vehicles between:

(i) owners of vehicle(s) (“you”, “your” or “Host”); and

(ii) persons seeking to rent those vehicles,

(collectively referred to as the “Services”)

1.2 Access to and use of the Platform (including evee’s website), the Services and any associated products or services provided by evee in connection to the Platform or the Services, are provided by evee to you subject to these terms and conditions (“Terms”).

1.3 You agree that evee may from time to time review, update or amend any part of the Terms by updating this page and using reasonable endeavours to provide you with notice (either by email to you or through the Platform). Any changes to the Terms will take effect 30 days after the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records.

1.4 You may contact us by sending an email to support@evee.com.au (“evee Support”).

1.4 Our pricing and fees are outlined at https://www.evee.com.au/pricing (“Pricing Page”)

2 Acceptance of the Terms

2.1 Please read the Terms carefully. By using, browsing, accessing or registering to use the Platform or the Services or clicking to accept or agree to the Terms (where and if this option is made available to you by evee on the Platform), you agree that you have read, understood and accept the Terms and you agree to be bound by the Terms.

2.2 If you do not accept any part of the Terms, you must cease usage of the Platform immediately.

3 Account registration

3.1 In order to access the Services, you must register for an account with evee (“Account”).

3.2 We may provide you with a variety of ways to register for an Account, which may include:

(a) registration through the use of your Facebook or Google account (“Third Party Registration”); and/or

(b) manual registration through the Platform (“Manual Registration”).

3.3 Where you register for an Account by Third Party Registration:

(a) you acknowledge and agree that the Platform will utilise the personal information stored with third parties to verify your identity; and

(b) you warrant that the information that you have previously provided to such third parties is accurate, correct and up to date and is able to be relied upon by evee.

3.4 Where you register for an Account by Manual Registration, as part of the registration process and to enable us to provide the Services, you will be required to provide information about yourself which may include personal information, including, but not limited to:

(a) your name;

(b) your date of birth;

(d) your street address;

(e) your email address; and

(f) a password for the Account.

3.5 Any person who has completed the registration process will be a registered user of the Platform (“User”). We reserve the right to decline any registration request in our sole discretion.

3.6 You must take all reasonable and timely steps to ensure that any information you give to evee is at all times accurate, correct and up to date. You agree to indemnify evee for any claims, action, settlements, liabilities, costs, expenses, damages or losses (including, without limitation, legal fees) (“Liability”) suffered by evee as a result of any information that you provide to evee under these Terms.

3.7 You understand that by supplying evee with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from evee in order to keep you informed about evee activities. If you do not wish to receive updates from evee, you may contact evee at the evee Support email address.

3.8 To access, use or register for an Account or the Services:

(a) you must be of legal age in such countries in which you are a resident or from which you access or use the Services or register for an Account, and in any event at least 18 years of age;

(a) you must be legally able to form a binding contract with evee; and

(b) you must not be barred from receiving the Services under the laws of Australia or New Zealand or other countries including the country in which you are resident or from which you use the Services.

3.8 By registering for an Account as a Host, you represent and warrant that you are the registered and legal owner of the vehicle being listed by you.

4 Account obligations

4.1 As a User, you agree:

(a) not to share with any other person or allow any other person to access or use:

(i) your Account; and/or

(ii) any information that would allow another person to access or use your Account (including your password);

(b) to use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) that you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify evee of any actual or suspected unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) not to expressly or impliedly impersonate another User or access or use the Account or password of another User at any time;

(f) not to harass, impersonate, stalk, threaten another User;

(g) not to post false, inaccurate, misleading, defamatory or offensive content on the Platform;

(h) that access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;

(i) that you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;

(j) you agree that you will not use the Service or the Platform in such a way that you will expose them to viruses or other technologies that may harm evee;

(k) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from your User Account profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by evee for any illegal or unauthorised use of the Platform; and

(l) you acknowledge and agree that any automated use of the Platform or the Services by you is prohibited.

4.2 You agree that as the Account owner you are solely responsible for any activities or actions that occur through your account, whether or not you have authorised such activities or actions. evee is in no way responsible or liable for any activities or actions that occur through your Account as a result of your breach of your Account obligations.

5 Information Verification

5.1 You acknowledge and agree that in light of the nature of the Services, evee may be required to verify your identity, the Vehicle registration details, your ownership of the Vehicle, credit history, driving history and any other information that evee reasonably believes would increase the level of risk associated with your use of the Services. You consent and authorise evee to obtain such information for the purpose of assessing your risk.

5.2 Where evee sends you a written request for information from you for further verification of the information that evee reasonably believes would increase the level of risk associated with your use of the Services, you must, and you warrant that you will, make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.

5.3 You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief. Failure to comply with this clause will entitle us to immediately terminate our provision of the Services to you.

6 Using the Services as the Host

6.1 Booking and Rental process:

(a) you may use the Platform to list your vehicle for rent and set and revise the rental pricing as you wish (“Rental Price”). However, the Rental Price shall not be less than the minimum price as set by evee from time to time;

(b) when a renter books your vehicle for a period, you may receive an email and/or SMS and/or mobile application notification and you will be given twenty four (24) hours from the time the booking is made to either accept or reject the booking;

(i) If you accept the booking, you authorise evee to disclose your personal information to the renter who made the booking request (“Renter”) in order for the Renter to contact you to arrange for the pick-up and drop-off of the vehicle with respect to which the booking request was made and accepted (“Vehicle”) and can contact you with respect to any queries relating to the Vehicle;

(ii) If you do not respond within 24 hours, the booking is taken to be rejected.

(c) Once you have accepted the booking, you must deliver the Vehicle to the Renter at the time and place agreed upon. It is your sole responsibility to check the Renter’s driving licence and any other licences that are required to operate the Vehicle legally. It is also your responsibility to thoroughly inspect the Vehicle before you leave the Vehicle pick-up location and to keep the photo and video recordings of the condition of the Vehicle for at least 30 days.

(i) If you encounter any issues with respect to the Vehicle, you should immediately report the issues to evee via email at the evee Support email address;

(ii) You acknowledge that you may be liable for any loss, damage or untidiness that you fail to record in the photographs or videos taken immediately before and after the Rental Period, or

(iii) You acknowledge that you may be liable for any loss, damage or untidiness if fail to respond to evee’s request for visual record of such loss, damage or untidiness within five (5) business days of the request;

(d) at the end of the Rental Period, the Renter should return the Vehicle to you at an agreed time and place. You must again check the conditions of the Vehicle in accordance with clause 6.1(c). If you are happy with the conditions of the Vehicle, you must mark the Vehicle as “returned” on the Platform in order to enable evee to release the funds to the Renter and to you; and

(e) you may then rate and provide review about the Renters on the Platform.

6.2 Rental Periods and Extensions

(a) in the Terms, “Rental Period” shall be the period for which you have accepted a booking request from the Renter, as specified on the Platform, the booking request or otherwise agreed in writing between you and the Renter from time to time (such as by approval of a Rental Extension Request). With respect to the time from which the Rental Period commences, the Rental Period will commence from:

(i) the time of pick-up of the Vehicle as agreed between you and the Renter; and

(ii) if no such time has been agreed on, then the time the Vehicle comes into the Renter’s possession.

(b) Renters may request for an extension of the Rental Period by contacting you before the end of the initial Rental Period (“Rental Extension Request”). You and evee will each have the right to decline the Rental Extension Request. If the Rental Extension Request has not been responded to by the end of the Rental Period, it is deemed to be rejected.

(c) Where you accept a Rental Extension Request that is not declined by evee, the Rental Period will be extended in accordance with the Rental Extension Request.

6.3 When using the Services, you must:

(a) comply with the payment policy as set out in clause 7;

(b) ensure that your Vehicle meets the Vehicle Requirements as set out in clause 11; and

6.4 evee reserves the right to refuse, terminate or suspend its Services to you, for any reason, at any time. To the maximum extent permitted by law, evee will not be liable for any direct or indirect loss or damage including but without limitation any loss of income or loss of opportunity that you suffer as a result of the refusal, termination or suspension of evee’s Services.

7 Payment

7.1 You irrevocably authorise evee as an agent to act on your behalf to issue invoices or tax invoices (as applicable) to the Renters. evee will issue to the Renter:

(a) an invoice (if you are not registered for GST); or

(b) a tax invoice (if you are registered for GST);

on your behalf. You agree that you will not issue invoices or tax invoices for the same services.

7.2 evee reserves the right to deduct or withhold any amount (whether by way of set-off, counterclaim or otherwise) owing to evee from your payment.

7.3 Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in (Australian dollars) and are GST exclusive.

7.4 You agree that evee is entitled to a commission for facilitating the rental arrangement between you and the Renter (the “Commission Fee”). Accordingly, evee will pay you any amount actually collected from the Renter less any Commission Fee, outlined on the Pricing Page of the evee website.

7.5 Subject to clause 13, where a vehicle is unable to be used during a Rental Period for a reason which is not the fault of the Renter during a Rental Period, including, but not limited to, a breakdown or operational issue, but excluding an accident, the Host is only entitled to the pro-rata amount for the days that the vehicle was usable during the Rental period.

8 GST

8.1 For the purposes of these Terms, the following expressions shall have the following meanings:

(a) “GST” means any tax imposed on the supply of goods or services which is imposed or assessed under the GST Act.

(b) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (as amended) and all related ancillary legislation which provides for a broad based consumption tax on the supply of Goods and Services which becomes operative in respect of the provisions of these Terms.

8.2 evee will be responsible for the collection of the GST on the Commission Fee it receives from you. You will be solely responsible for the payment of the GST (if any) on the Rental Price and you must comply with all the applicable tax law including the GST Act.

9 Non-Payment

9.1 In the event there is a chargeback by your credit provider or non-payment by you, evee may:

(a) suspend or terminate the Services immediately;

(b) charge the then current evee administration fee (“Administration Fee”); and/or

(c) charge interest on the outstanding amounts, calculated at the Cash Rate set by the Reserve Bank of Australia (“Interest”).

9.2 If you do not pay for the Services in accordance with these Terms, evee will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after thirty (30) days from the date of the tax invoice, evee may proceed to recover the debt from you without further notice. If evee initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to process server fees, Expert Reports and court/tribunal fees. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and evee may report the debt to a credit reporting agency.

10 Cancellation

10.1 If you cancel your existing booking:

(a) You will be charged a cancellation fee as set out in a fee schedule available on the Pricing Page;

(b) Your calendar will stay blocked and you will not be able to accept another booking for the same dates of the cancelled booking; and

(c) If you cancel more than 5 bookings in any rolling 12-month period, evee may suspend your account unless there are extenuating circumstances.

11 Vehicle Requirements

11.1 The Vehicle that is made available for renting through the Platform must:

(a) be registered in the relevant state or territory;

(b) be in a roadworthy condition at all times and be submitted for roadworthiness inspections in accordance with any applicable laws in your state or territory;

(c) be well maintained, with maintenance properly scheduled and recorded using the applicable manufacturer’s schedule as a guide;

(d) not be more than 10 years old from the manufacturing year;

(e) not be driven for more than 200,000 kilometres; and

(f) not have been altered in a way that materially changes the performance, appearance or purpose of the Vehicle, except with our prior written consent.

(g) not have been a statutory or economic repairable write-off.

12 Host’s Obligations

12.1 You must ensure that the Vehicle is maintained, serviced and repaired so that it is roadworthy, safe and is in good mechanical condition at all times. You further agree to comply with any recall or other safety notices and to carry out any recommendations by the manufacturers. If evee suspects that your Vehicle does not comply with the reasonable standards, evee may:

(a) require you to provide proof of maintenance or roadworthiness, and

(b) suspend your Vehicle from the Service until acceptable proof is received.

12.2 Before delivering the Vehicle to a Renter at the start of each Rental Period, you must:

(a) ensure that the Vehicle is fully charged;

(b) ensure that the Vehicle meets the minimum and recommended roadworthy standards for your state or territory, including tyres and spare tyre (if included with a vehicle), and that you know and communicate to a renter how to obtain help using roadside assistance in the event of damage to a tire, wheel, or other issues affecting the roadworthiness of the vehicle in general;

(d) ensure that if the Vehicle has the necessary child restraint anchor points to enable proper installation of the child restraint(s).

12.3 You must make the Vehicle available or deliver the Vehicle at a time and place as agreed with the Renter.

12.4 If you receive any infringement notice, tolls payment notice that you reasonably believe to be incurred by a Renter, or if you have incurred any charges as a result of the Renter’s use of your Vehicle, you may make a request via the Platform to recover an amount equivalent to such charges incurred (“Additional Fees”) from the Renter.

12.5 You must comply with any applicable laws and regulations, including but not limited to, Vehicle registration, evee’s insurance requirements, taxation with respect to the funds you may receive from the use of the Services.

13 Insurance coverage and exclusions

13.1 You must have and maintain a statutory or compulsory third party insurance policy that provides cover for claims involving personal injury or death for any loss or damage arising out of the use of the Vehicle as a rental Vehicle according to the legislative requirements of the state in which the Vehicle is registered. This may require you to amend the registration or compulsory third party insurance to ‘business’ or ‘commercial’. It is your responsibility to check the requirements for their specific Vehicle with their state vehicle registration authorities.

13.2 Subject to evee’s absolute discretion and your compliance with these Terms, evee may grant damage cover as a nominated party on evee’s Motor Vehicle Policy (“evee Policy”) if you are approved by evee to be covered by the evee Policy, then the evee Policy may cover damage to the Vehicle, its theft and third party loss that occurs during the Rental Period, subject to the terms and conditions of the evee Policy. For the purpose of this clause, the Rental Period includes the delivery of the Vehicle from the Hosts to the Renters but excludes instances where the Renter collects the Vehicle from the Host.

13.3 The evee Policy may or may not apply to you. The evee Policy will only apply to you if you apply for such cover insurance (“Insurance Application”) and evee has approved the Insurance Application in writing. Approval of the Insurance Application is at evee’s sole discretion.

13.4 If the evee Policy applies to you, the coverage of the evee Policy will be subject to the terms and conditions of the evee Policy.

13.5 If the evee Policy does not apply to you, you are solely responsible for all Liability however arising to the Vehicle, third party and third party’s property.

13.6 Regardless of whether or not the evee Policy applies to you and anything else in the Terms, you agree to irrevocably and forever release evee and/or its insurers from all Liability that may arise in connection with the Vehicle, including but not limited to:

(a) any loss or liability resulting from lawful seizure or other operation of law;

(b) any personal property that are taken from your Vehicle or damaged during the Rental Period;

(c) any normal wear and tear (including minor scrapes and dings); as determined in accordance with evee’s Fair Wear & Tear Guide, as published from time to time; and

(d) any liability as caused by, contributed to by, or resulting from your breach of these Terms or your failure to comply with the terms and conditions of the insurance policy that evee has with its insurers.

You are strongly encouraged, and it is your sole responsibility, to procure appropriate and adequate insurance in connection with your use of the Vehicle during the Rental Period.

13.7 If you believe that your Vehicle has been damaged during the Rental Period:

(a) you must report that damage as soon as you become aware of it and no later than 48 hours after the end of the Rental Period;

(b) you must secure evidence of the damage and cooperate with evee and/or other entities (such as law enforcement or evee’s insurers) during the claims processing, investigation or in any claim or action brought in respect of the damage. evee and/or its insurers will determine whether the damage occurred during the Rental Period and whether it is eligible for coverage.

(c) you must acquire at least 2 repair quotes within 30 days and commence repair within 60 days of the incident, otherwise your damage reimbursement request may be forfeited; and

(c) where you have provided valid evidence that the Vehicle has been damaged due to an Incident that occurred during the Rental Period (as determined by evee in its full and sole discretion), evee will notify the Renter of your claim that the Vehicle has been damaged during the Rental Period (“Damage Claim”) and the Renter will be given an opportunity to respond.

13.10 You acknowledge that if you breach any of these Terms and/or provide false or misleading information in relation to your Vehicle, evee and/or its insurers have the right to deny any insurance coverage or protection.

13.11 For vehicles insured under the evee Policy:

(a) evee’s insurer provides a hire vehicle following a not-at-fault Accident (“Accident Replacement Vehicle”, also defined in the evee Policy)

(b) for accidents where either the Host or the Renter was deemed ‘Faultless’ under the evee insurance policy, and terms of Accident Replacement Vehicles for such accidents are available within the evee Policy documents.

(c) If an accident occurs where the Renter is at fault, evee will provide a credit (“Replacement Vehicle Credit”) to evee Hosts for a replacement Vehicle rental via the evee Platform. The Replacement Vehicle Credit has a maximum value of $2,500 including GST.

(d) The Replacement Vehicle Credit will be provided if the accident occurred during the Rental Period when the Renter is in possession of the Vehicle and:

(i) the Host’s Vehicle is made unusable and unroadworthy on a permanent basis, and cannot reasonably be repaired for less than its market value; or

(ii) the Host’s Vehicle requires repair where the vehicle will be unavailable to the Host due to the process of repair for more than 48 hours (“Replacement Period”).

(e) In the event a Replacement Vehicle Credit is offered to you as the Host:

(i) A replacement Vehicle will be arranged by evee from the available Vehicles on the Platform of a similar type to the damaged Vehicle (“Replacement Vehicle”) for up to a maximum value of the Replacement Vehicle Credit.

(ii) If the nearest equivalent Vehicle is not available on the Platform, then the Replacement Vehicle provided to you will be the nearest suitable equivalent Vehicle on the Platform.

(iii) If an equivalent Vehicle is entirely unavailable from the Platform, evee will provide a voucher for third party vehicle rental agency, with a maximum daily rental rate of $100 (including all associated fees and charges) (“Maximum Daily Rate”), for up to a maximum value of $2,500 of Replacement Vehicle Credit.

(iv) A Host may select a third party rental arrangement in excess of the Maximum Daily Rate or the maximum Replacement Vehicle Credit. In such case, the Host is solely responsible for paying the additional amount above the Maximum Daily Rate and the maximum value of the Replacement Vehicle Credit outlined in clause 13.11(c).

(f) In the event that you receive a Replacement Vehicle from the evee fleet:

(i) The Replacement Period may be commenced at any time from when the original Vehicle is no longer available on the Platform due to an accident that has triggered a claim under the evee Policy.

(ii) Selection, delivery or collection of the Replacement Vehicle will be arranged by evee in conjunction with you at an agreed date and time. You acknowledge and agree that flexibility on the nature of collection and handover of the Replacement Vehicle is required. evee will not be liable or responsible in any way for any delays to the delivery of the Replacement Vehicle due to events outside of evee’s control, caused by a delay in delivery or subsequent lack of availability of a suitable Replacement Vehicle.

(iii) You acknowledge and agree that:

(A) You may only receive the Replacement Vehicle if your evee insurance policy is active prior to the Claimable Accident, you have the necessary insurances and comply with your obligations in the Host’s terms clauses 13.1, 13.2 and 13.3, you have reported the damage to evee pursuant to the Host’s terms clauses 13.7 and 13.8 and you have provided evee with evidence of your insurance claim for the Claimable Accident;

(B) The Replacement Vehicle will only be supplied for the duration of the period in which the Host’s Vehicle is off the road, unusable or unrentable (whichever is less);

(C) The Replacement Vehicle is a rental, and when sourced from the evee Platform you must therefore abide by evee’s Terms including no sub-rental by the recipient of the Accident Replacement Vehicle;

(D) evee may allocate to you a Replacement Vehicle at its sole discretion. evee reserves the right to swap the Replacement Vehicle for another Replacement Vehicle during the Replacement Period. Any decision by evee to swap the Replacement Vehicle for another Replacement Vehicle or any decision by evee on the type of Replacement Vehicle you are provided with is final; and

(E) The Replacement Vehicle Credit can only be used towards the cost of the rental. The Replacement Vehicle Credit cannot be used for additional and/or running costs, including but not limited to the cost of charging the vehicle, tolls, cleaning, child seat hire.

(g) In the event that you receive a Replacement Vehicle Credit for use with a third party rental agency:

(i) you must submit an estimate of the rental cost expected to be incurred at the time of booking the third party vehicle for evee’s acceptance to the evee Support email address;

(ii) selection, delivery, collection and all other aspects of the third party rental are to be arranged by the Host directly with the third party rental agency;

(iii) the rental vehicle should be of a similar nature to the insured and damaged vehicle, such as comparable make, model or carrying capacity; and

(iv) you acknowledge and agree that the third party rental agreement is between the Host and the rental agency and evee has no involvement, legal or otherwise, in the third party rental of a replacement vehicle.

13.11 Neither evee’s insurance policy nor evee’s Terms and Conditions provide a benefit for loss of rental income due to an accident where you are an Host and your Vehicle is made unusable, unroadworthy, or requires repair.

14 Rating and Review

14.1 As a User, you may rate and review Renters on the Platform to assist other Hosts to make an assessment as to whether to accept a Renter’s booking request. The ratings and reviews provided by Users must be honest, non-biased and at all times comply with the Terms.

14.2 You may rate the Renters out of five stars. The rating for Renters will then be calculated as an aggregate of all ratings provided by the Hosts (“Rating System”). The ratings and reviews will be listed on the respective Renter’s profile.

14.3 These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future rental bookings. You acknowledge and agree that evee will have no responsibility or liability of any kind arising in relation to any content or information you encounter on or through the Platform, and any use or reliance on the content or information is solely at your own risk.

14.4 evee only facilitates the Rating System and is not responsible for any rating and/or review listed on the Renter’s profile. If a Renter has a complaint in relation to a rating and/or review made by you, the Renter can contact us by email to the evee Support email address and identify which rating and/or review he/she wishes to make a complaint about and provide evee with evidence why he/she believes that the rating and/or review is untrue or should be changed, altered or removed. Upon receipt of the complaint from the Renter, evee may, at its absolute discretion, change, alter or remove the rating and/or review. However, if evee does not change, alter or remove the rating and/or review as requested by the Renter, under no circumstances will evee be deemed to have published the rating and/or review and the Renter acknowledges that the rating and/or review is User Content as defined in clause 15.2 and evee’s liability is limited in accordance with clause 15.2 and 18.3 of these Terms.

15 Platform Content

15.1 Content generated by evee

(a) You may read and copy the information on evee for your own needs but you may not publish, resell or sub-licence it; and

(b) evee makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on evee.

15.2 Content generated by the Users

(a) In this clause, “User Content” means any and all information and content that the Hosts, Renters or visitors of the Platform, submits to or uses with the Platform.

(b) evee does not claim ownership of your User Content. evee makes no guarantees about the User Content and evee does not endorse or accept any responsibility for the User Content.

(c) You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness.

(d) You represent and warrant that your User Content does not violate any third party rights or licenses.

(e) By posting a content onto the Platform, you expressly grant to evee and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit your de-identifiable User Content. This license does not grant evee the right to on-sell User Content. You hereby irrevocably waive any claims and assertions of moral rights with respect to your User Content.

(f) evee reserves the right to review, remove or amend any User Content, but evee does not have the legal obligation to do so.

15.3 Content by Third Party Website

(a) evee works with a number of partners and affiliates whose websites are linked with evee and are controlled by parties other than evee (each a “Third Party Website”).

(b) evee is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. evee makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.

(c) Certain services made available on the evee Platform are delivered by third parties. By using any product, service, or functionality originating from the evee Platform, you are allowing evee to share information with any third party with whom evee has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.

16 Copyright and Intellectual Property of evee

16.1 The Platform, the Services and all of the related products of evee are subject to copyright and other intellectual property rights. The material on the Platform is protected by copyright under the laws of Australia, New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) (“Content”) are owned or controlled for these purposes, and are reserved by evee or its contributors.

16.2 All trademarks, service marks and trade names are owned, registered and/or licensed by evee, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(a) download the Platform to a device via a web browser;

(b) use the Platform pursuant to the Terms;

(d) print pages from the Platform for your own personal and non-commercial use.

evee does not grant you any other rights whatsoever in relation to the Platform or the material on the Platform. All other rights are expressly reserved by evee.

16.3 evee retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer any:

(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;

(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process);

to you.

16.4 You may not, without the prior written permission of evee and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.

16.5 If you broadcast, publish, upload, transmit, post or distribute any content on the Platform or to evee (“Your Content”), then you grant to them a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

17 General Disclaimer

17.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

17.2 Subject to this clause 17, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) evee will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

17.3 Use of the Platform and the Services is at your own risk. To the maximum extent permitted by law, everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of evee make any express or implied representation or warranty about its Content or any products or Services (including the products or services of evee) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Platform, the Service, or any of its Content related products (including third party material and advertisements on the Platform);

(d) the Content or operation in respect to links which are provided for your convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

18 Limitation of liability

18.1 evee’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:

(a) the total Fees and Charges paid by you to evee for the Services under these Terms in the last 12 months; or

(b) where you have not paid any Fees of Charges in the last 12 months, then the total liability of evee is limited to the re-supply of the Services to you.

18.2 You expressly understand and agree that evee and its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

18.3 evee is not responsible or liable in any manner for any content posted on the Platform or in connection with the Services, whether posted by evee, by the Renters, by the Hosts, or by any other users or third parties.

18.4 evee does not control and is not responsible for the behaviours and actions of its Users, their comments, posts or information that they upload. Accordingly, evee is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Platform or in connection with your use of the Services.

18.5 evee does not endorse any Renters. While evee may use commercially reasonable efforts to verify the identities and/or backgrounds of the Renters, it does not make any warranty, guarantee or representation in any respect relating to the Renters.

18.6 Although it is in evee’s interest to provide as many rentals of your Vehicle as possible, evee does not guarantee nor represent that by listing your Vehicle on the Platform it will be rented out and you will receive income.

18.7 You understand that evee is not a party to and will not have any liability with respect to your rental arrangement with the Renter. Any claims you have arising out of the rental arrangement is to be brought against the Renter not evee and you indemnify evee from all claims, suits, demands and legal actions arising from any and all disputes between you and the Renter.

18.8 evee will have no liability for any failure or delay due to matters beyond its reasonable control.

18.9 Nothing in this Agreement will in any way exclude or limit either party’s liability to the other for death or personal injury caused by negligence, or liability for fraudulent misrepresentation or for any other liability which by law it is not possible to exclude or limit.

19 Indemnity

19.1 You agree to indemnify evee and its affiliates, officers, directors, employees, agents, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation legal fees on a full indemnity basis) which arise in connection with your use of the Platform and/or Services, including but not limited to:

(a) any misuse of the Platform or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or

19.2 This indemnity will survive the termination of these Terms.

20 Termination

20.1 The Terms will continue to apply until terminated by either you or by evee as set out below.

20.2 If you want to terminate the Terms, you may do so by:

(a) sending written notice to evee Support at any time; and

(b) closing your accounts for all of the services which you use, where evee has made this option available to you.

Your notice should be via email to evee at the evee Support email address

20.3 evee may at any time, with or without notice, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) evee is required to do so by law;

(c) the partner, if any, with whom evee offered the Services to you has terminated its relationship with evee or ceased to offer the Services to you;

(d) evee is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by evee is, in the opinion of evee, no longer commercially viable.

20.4 Subject to local applicable laws, evee reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts evee’s name or reputation or impairs the enjoyment of the Services by other users.

20.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and evee have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

21 Force Majeure

21.1 In this clause 28, “Force Majeure Event” means any event or circumstance that:

(a) is beyond the reasonable control of the affected party; and

(b) cannot reasonably be prevented by a party taking reasonable precautions and cannot reasonably be circumvented by that party; and

21.2 If a party is prevented from, or delayed in, performing an obligation by a Force Majeure Event (“Affected Party”), and promptly acts to mitigate or remove the Force Majeure Event and its effect, then:

(a) the Affected Party will not be liable for its failure to, or delay in, performing that obligation to the extent that the failure or delay is directly caused by a Force Majeure Event; and

(a) that obligation is suspended during, but for no longer than, the period the Force Majeure Event continues and any further period that is reasonable in the circumstances.

21.3 For the avoidance of doubt, you agree that in no event shall evee be held liable for any Force Majeure Event.

22 Dispute Resolution

22.1 Compulsory

(a) If a dispute arises out of or relates to the Terms, the Services or the Platform, then no party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) If a dispute arises between the Host and the Renter, then the parties warrant that they will include evee in any correspondence between the parties to ensure that evee can:

(i) assist with the Dispute Resolution Process where possible;

(ii) hold any payments subject to the Dispute until such time that the Dispute is resolved; and

(iii) make an assessment whether they should terminate the Services to either of the parties to the Dispute.

22.2 Notice

A party claiming a dispute (“Dispute”) must, within thirty (30) days of becoming aware of the Dispute, give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party (“Notice”).

22.3 Resolution

On receipt of the Response by that other party, the parties to the Dispute (“Parties”) must:

(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties acknowledge and agree that evee may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Australian Capital Territory or his or her nominee.

(d) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

22.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

22.5 Termination of Mediation

(a) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

(b) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

23 Notice

23.1 evee may deliver notices and other communications to you using the most recent email address, telephone number or address provided by you. Notices to you shall be deemed to have been properly given and valid even if you no longer maintain the email account, telephone number or address.

23.2 Notices to us should be sent to our registered office address.

24 Relationship

Nothing in these Terms is intended to create a partnership, joint venture, agency or employment relationship with either the Hosts or the Renters.

25 Governing Law

These Terms are governed by the laws of Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

26 Venue and Jurisdiction

The Services offered by evee are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australian Capital Territory, Australia.

27 Entire Agreement

These Terms constitute the entire agreement between the parties concerning the subject matter of the Terms and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

28 Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

29 Waiver

29.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.

29.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

29.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

30 Assignment

30.1 evee may assign or transfer its rights or obligations under these Terms without your consent.

30.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of evee. A purported assignment without written consent will be deemed to be void and convey no rights.

31 Limitation of action

31.1 You agree that any cause of action related to or arising out of your relationship with evee must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

31.2 If you wish to notify us about anything relating to these Terms, please contact us via email at the evee Support email address.