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) (“Hosts”); and

(ii) persons seeking to rent those vehicles (“you”, “your” or “Renter”),

(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 These Terms, where accepted, may form a part of a rental agreement between you, evee and the Host.

2.3 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;

(f) a password for the Account; and

(g) any other identification details.

3.5 Any person who has completed the registration process will be a registered user of the Platform (“User”). evee reserves the right to decline any registration request at its sole discretion.

3.6 You must take all reasonable and timely steps to ensure that any information you give or given 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 on a full indemnity basis) (“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.

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 evee may be required to verify your identity, 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 or any vehicle which you have booked. 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 a Renter

6.1 Booking process

(a) You may use the Platform to view vehicle listings. You acknowledge and agree that a vehicle listing on the Platform for the provision of rental services by a Host constitutes mere information, and does not form part of any offer to provide such services;

(b) You may at any time through the Platform request a booking of a vehicle that is listed as available for booking on the Platform;

(c) Once your booking request has been submitted, the Host must accept or reject the booking within 24 hours of the booking request being submitted.

(i) If the Host accepts your booking request, you authorise evee to disclose your personal information to the Host in order for the Host 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”);

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

(d) Once booking has been confirmed by the Host, you will pay the applicable Fees and Charges in accordance with the Terms;

6.2 Pick-up and Drop-off

(a) On the first day of the Rental Period, you will either:

(i) meet with the Host to pick up the Vehicle; or

(ii) have the Vehicle delivered to you at the address designated by you if you may have purchased a delivery service.

(b) Before leaving the pick-up location, it is your sole responsibility to thoroughly inspect the Vehicle before you drive away from 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 to 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;

(c) At the end of the Rental Period, you must return the Vehicle to the Host at an agreed time and place. You may then rate and provide review about the Host’s Vehicle and/or the Services on the Platform.

6.3 When using the Services, you must:

(a) comply with the payment policy as set out in clause 7 to 10;

(b) only use the Vehicle during the period for which you have made a booking for, unless an extension has been applied in accordance with clause 11;

(d) use the Vehicle in accordance with clause 13 and clause 14;

(e) return the Vehicle in the manner set out in clause 15;

(f) comply with your responsibilities in the event of each and every Incident (as defined in clause 16) and pay evee, Hosts or otherwise all amounts reasonably necessary to remedy any Liability that arises in connection with each and every Incident that occurred during the Rental Period (“Damage Liability”);

(g) comply with your responsibilities in the event of infringements, fines or towing of the Vehicle in clause 17;

(h) comply with your responsibilities in the event of tolls charges in clause 18; and

(i) comply with your financial responsibilities as set out in clause 19.

6.4 evee reserves the right to refuse, terminate or suspend its Services to you, for any reason, at any time.

7 Payment

7.1 You are responsible for paying:

(a) any booking fee and other fees in connection with your use of the Services (“Fees”); and

(b) any charges set out in a fee schedule available at the Pricing Page on the evee website or the Platform if evee reasonably determines that they apply to you (“Charges”).

7.2 You authorise us to charge your nominated credit or debit card (“Card”) in respect of all Fees and Charges payable under the Terms. You represent and warrant that you have the right to make this authorisation.

7.3 The payment procedures are as follows:

(a) In order to secure a booking, you must first pay the Fees.

(a) All payments made in connection with the Platform, Services or a Vehicle booking will be processed using Stripe or such other method specified on the Platform. Payments submitted via Stripe are subject to the terms and conditions published on the Stripe website (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. To enable your payment to be processed through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and any transaction information related to your use of the payment processing services provided by Stripe in accordance with our Privacy Policy. We accept no responsibility for any payment made or transaction that occurs outside the Platform.

(b) Before or on the first day of the Rental Period, evee may place a pre-authorisation of an amount stipulated on the listing page of the Vehicle on your Card (“Pre-Authorisation”). You must ensure that your Card has sufficient funds to enable the Pre-Authorisation to be placed. If we are unable to place the Pre-Authorisation on your Card, you will not be entitled to use, access, pick up or be delivered the Vehicle; and

(c) The Pre-Authorisation will be applied to reduce the amount of any Fees and Charges payable by you. We will release any remaining balance on the Pre-Authorisation to you after the Host has collected the Vehicle and recorded the Vehicle as returned on the Platform, subject to your compliance with your obligations under the Terms.

(d) There may be circumstances where additional Fees or Charges have validly arisen under these terms and are payable by you after evee has released the Pre-Authorisation to you. evee will notify you of any additional Fees or Charges payable by you within 24 hours of becoming aware of such Fees or Charges. You agree to pay the additional Charges and to authorise evee to charge the additional Charges to your Card.

7.4 Subject to clause 16, 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 and the Renter is only required to pay the pro-rata amount for the days that the vehicle was usable during the Rental period.

7.5 You agree and acknowledge that evee may vary the Fees and Charges at any time by amending the relevant sections of the Platform, including the Pricing Page. The varied Fees and Charges will apply to all booking requests made after the variation.

7.6 If you wish to dispute the Fees and/or additional Charges, you can contact evee via email to the evee Support email address.

7.7 Unless otherwise stated, all amounts set out in or payable in connection with these Terms, are listed in Australian Dollars (AUD) and are GST-inclusive.

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 If these Terms or any supply under or in respect of these Terms becomes subject to GST, and if the recipient of the consideration is liable to GST in relation to any supply under these Terms, the parties agree that the amount payable for any supply under or in respect of these Terms by any party shall be adjusted by the amount of the GST. The GST shall be payable at the same time and in the same manner as the Fees.

9 Non-Payment

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

(a) suspend or terminate the Services immediately;

(b) charge an administration fee; and/or

(c) charge interest on the outstanding amounts, calculated at the Official Cash Rate Target set by the Reserve Bank of Australia New Zealand (“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 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/Rescheduling and Refund

10.1 If you cancel your existing booking:

(a) more than 72 hours before the start of the Rental Period, you will be entitled to a full refund;

(b) between 72 hours and 48 hours before the start of the Rental Period, you will be charged 50% of the total Fees plus any merchant banking/transaction fees and the remaining balance will be refunded to you; and

10.2 You may reschedule a booking subject to availability of the Vehicle and requirements of the Host. By rescheduling a booking, you are deemed to have submitted a new booking request, and if such request is accepted, your existing booking will be cancelled and refunded in accordance with clause 10.1 and you must pay Fees and Charges applicable to the new booking.

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

11 Rental Periods and Extension

11.1 In the Terms, “Rental Period” means the period for which you have made a booking request for a Vehicle which is accepted by the Host, as specified on the Platform, your booking request or otherwise agreed in writing between you and the Host 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 Host; and

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

11.2 You can request for an extension of the Rental Period by submitting a request via the evee Platform (“Rental Extension Request”). The Host and/or evee have the right to decline your Rental Extension Request. If you do not receive any response by the end of the Rental Period, your Rental Extension Request is deemed to be rejected.

11.3 Where your Rental Extension Request has been accepted, the Rental Period will be extended in accordance with your Rental Extension Request.

12 Authorised Driver

12.1 A person other than you may be permitted to drive the Vehicle (“Authorised Driver”) provided they:

(a) have an active Account and have been designated as a User;

(b) meet the age requirement as listed on our website and in accordance with our current insurance policy;

(c) hold a full unrestricted driver licence and have been so licensed to drive for at least two (2) years (not including any time under a learner’s permit or a provisional licence);

(d) not have licence suspensions, cancellations or disqualifications in the last three (3) years;

(e) have satisfactory credit history as reported on your credit report; and

(f) have an appropriate credit or debit card with sufficient credit to cover any liability for the duration of the rental of the Vehicle.

12.2 By using the Services, you represent and warrant that the Authorised Driver meets all of the requirements in clause 12.1.

13 Use of the Vehicle

13.1 During the period of your rental, you must and must ensure that any other person who has access to the Vehicle (including any Authorised Driver):

(a) use the Vehicle and any items supplied with it for the purpose for which they are designed and in accordance with the manufacturer’s recommendations;

(b) take proper care of the Vehicle and any items or equipment supplied with it;

(d) use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road;

(e) observe any warning indicators that may appear in the Vehicle and upon becoming aware of any warning indicators or mechanical fault, you must as soon as practicable stop driving and park the Vehicle where safe to do so and contact the Roadside Assistance service;

(f) keep the Vehicle locked and the keys under personal control at all times;

(g) comply with all relevant traffic regulations and laws, including allowing for the taking of a sample of breath, blood or urine for testing or analysis as required by law; and

(h) return the Vehicle by the return date and time at the agreed location.

13.2 During the period of your rental, you must not and must ensure that any other person who has access to the Vehicle including any Authorised Driver does not:

(a) use the Vehicle in connection with, or allow the Vehicle to be used in connection with or involved in (including being tested in preparation for):

(i) any illegal purpose or activity;

(ii) any race, rally, trial, speed trial, test, contest, motor sport, performance test or any driver training course;

(iii) pacemaking, reliability trials, speed or hill climbing tests;

(iv) the motor trade for experiments, test, trials, demonstration or breakdown purposes;

(b) use the Vehicle, or allow the Vehicle to be used, to:

(i) tow, transport, carry or push anything which is:

(A) incorrectly loaded or incorrectly secured; or

(B) is in excess of the load for which the Vehicle was built or permitted by law;

(ii) tow the Vehicle without our permission;

(iii) carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built for or permitted by law;

(iv) carry passengers for hire, payment or reward of any kind;

(v) transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at your cost) and in accordance with the Vehicle manufacturer’s and evee’s recommendations;

(vi) carry any inflammable, hazardous, toxic, poisonous, dangerous, explosive or corrosive substances or items;

(d) allow any animals into the Vehicle except in designated pet-friendly Vehicles, in which case you must provide and ensure that the animal remains inside an appropriate carriage;

(e) use the Vehicle when it is damaged or unsafe;

(f) use the Vehicle in an unsafe, unsealed or unroadworthy condition;

(g) drive or take the Vehicle:

(i) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island;

(ii) into or out of the Northern Territory, Tasmania or to any points in Western Australia north of Carnarvon;

(iii) in Queensland:

(A) beyond Chillagoe in a westerly direction;

(B) beyond Normanton in a southerly direction.

(D) if the Vehicle has four-wheel drive, beyond Cooktown or Laura in a northerly direction;

(iv) on beaches or through streams, rivers, creeks, dams or floodwaters;

(v) off road. Off Road means any area that is neither a sealed or an unsealed road and includes but us 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.

(h) use the Vehicle in any manner that is:

(i) reckless;

(ii) illegal;

(iii) abnormal;

(iv) likely to damage the Vehicle or property; or

(v) likely to injure any persons.

(i) sell, rent, or dispose of the Vehicle or any of its parts or attempt to give anyone legal rights over the Vehicle or any of its parts;

(j) service the Vehicle or have repairs to the Vehicle carried out unless evee and/or the Host authorises you to do so:

(i) evee requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist evee.

(ii) evee and/or the Host will reimburse you for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that evee cannot verify the cost of repairs, evee will not reimburse you; or

(k) allow the Authorised Driver to be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven.

13.3 If the Vehicle has an autopilot feature, you acknowledge and agree that any autopilot feature offered by the Vehicle is merely an assistive technology. Regardless of whether the Vehicle is in autopilot mode, the Authorised Driver must at all times:

(a) keep their hands on the wheel; and

(b) be alert and ready to take control over the Vehicle.

13.4 If you breach clause 13.1 or 13.2, you will be liable for any and all Liability that may be incurred or is incurred in connection with your breach despite any other clause in the Terms.

13.5 All driving aids including, but not limited to, adaptive cruise control, autopilot, summon and park assist are used at your or any Authorised Driver’s risk. Any damage occurred while using any of such driving aids is not covered by evee’s insurance policy and will be fully paid by you.

14 Recharging

14.1 You must return the Vehicle with the same level of battery charge as that when the Vehicle was picked up by you, unless otherwise agreed with the Host. If you fail to do so, you will be responsible and liable for an additional charge as set out in a fee schedule available at the Pricing Page.

15 Return of the Vehicle

15.1 You must return the Vehicle to the Host or evee:

(a) to the place, on the date and by the time as agreed;

(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted; and

(c) with a battery charged to the same level as that when the Vehicle was picked up, unless otherwise agreed with the Host or where you agree to pay the Host the cost to recharge the Vehicle.

15.2 Notwithstanding clause 15.1, evee, the Host and/or their respective agents may repossess the Vehicle, at any time, without demand, at the Renter’s expense, if evee reasonably suspects that:

(a) the Renter is in breach of any of these Terms; or

(b) damage to the Vehicle or injury to persons or property is likely to occur.

15.3 You must notify the Host if the return of the Vehicle is delayed past the time specified on your booking details. Unless otherwise agreed with the Host in writing, you will be liable to pay a late delivery fee:

(a) if the return of the Vehicle is delayed up to 4 hours past the time specified on your booking details — one fourth of the daily rental rate for each hour of delay; and

(b) if the return of the Vehicle is delayed more than 4 hours past the time specified on your booking details — double the daily rate.

15.4 If the vehicle is not returned within 24 hours after the specified return time, it will be reported as stolen by you.

16 Accidents, Breakdown or Theft

16.1 Incident

In the Terms, an “Incident” means any incident that occurs in connection to the Vehicle during the Rental Period (whether as a result of fault on your part or the fault of any third party, an intentional or unintentional act or omission, negligence, or otherwise) that may give rise to any Liability, including but not limited to:

(a) where the Vehicle suffers a breakdown or is involved in an accident;

(b) where the Vehicle is lost or stolen;

(d)where the Vehicle is left in a location by you which causes it to be damaged by weather events or otherwise, including, but not limited to floods, hailstorms, tree branches falling vandalism by a third party or any other reason whatsoever;

(e) where a person is injured in connection with the Vehicle; and

(f) where property is damaged in connection with the Vehicle.

16.2 Reporting an Incident

(a) You must notify evee and the Host of each and every Incident that occurs as soon as possible after you are made aware of such Incident.

(b) If the Vehicle is lost or stolen, you must notify the police immediately. In all other cases, you must notify the police as soon as possible if required under the relevant road rules.

16.3 Other obligations

In relation to each and every Incident, you must:

(a) use all reasonable efforts to secure evidence in respect of the Incident, including evidence from any available witnesses;

(b) promptly provide evee and any relevant entities (including, but not limited to, law enforcement or insurer) with an incident report and any other information requested (including, but not limited to, identity and insurance information of any parties involved in the incident) in connection with the Incident; and

(c) cooperate with, and assist, evee, the Host of the Vehicle and any relevant entities (including, but not limited to, law enforcement or insurer) during the claims processing, investigation or in any claim or action brought in connection with the Incident.

(d) not enter into, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability arising in connection with any Incident, unless you have evee’s prior written consent otherwise;

(e) take all steps necessary to cooperate with, and authorise, evee and any relevant entities (including, but not limited to, law enforcement or insurer) to:

(i) bring, defend, enforce or settle any legal proceedings in your name in connection with the Vehicle against any third parties; and

(ii) claim any applicable insurance in connection with the Vehicle, whether in your name, the Authorised Driver’s name or otherwise. For avoidance of doubt and without limitation, to satisfy your obligation under clause 16.4(b)(ii), you:

(A) must make any payments specified to be payable by the insurer or under the applicable insurance policy to allow any insurance applicable to the Vehicle to be taken advantage of; and

(B) must, and must procure the Authorised Driver to, assist evee in making an insurance claim, including assigning any right to claim under any applicable insurance in connection with the Vehicle to evee or such other person or entity specified by evee.

16.4 Liability for Incidents

You acknowledge and agree that:

(a) you will be solely liable for any and all Liability that may arise in connection with the Vehicle during the Rental Period, and you agree to irrevocably and forever release evee from, and indemnify evee against, any and all Liability that may arise in connection with the Vehicle during the Rental Period. 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;

(b) if an Host provides evee valid evidence that the Vehicle has been damaged due to an Incident that occurred during the Rental Period (“Damage Claim”), you will be notified of the Damage Claim and given an opportunity to respond;

(c) you must cooperate in good faith, provide any information requested by evee, execute documents, and take further reasonable action, in connection with each and every Damage Claim, claims under insurance policies, or other claims related to your provision or use of Vehicle; and

(d) subject to clause 20 (if applicable to you), where the Damage Claim has been escalated to evee and evee determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, or where you agree to pay in relation to the Damage Claim, then:

(i) you must promptly make the payment to evee and you authorise evee to charge your Card to collect such amounts that is reasonably necessary to enable the damage specified under the Damage Claim to be remedied (including any damage liability payments specified to be payable under any applicable insurance policy or the relevant insurer) (“Damage Claim Amount”);

(ii) evee may seek to recover the Damage Claim Amount from you under any insurance policies you maintain; and

(iii) evee may pursue against you any remedies it may have under applicable law to recover the Damage Claim Amount, including, but not limited to, referring the matter to a collections agency and pursuing available causes of action or claims against you.

16.11 Failure to do any of the above may result in you being liable for the full amount of any and all Liability that may be incurred by evee, the Host and any third parties in connection with an Incident.

17 Infringements, Fines and Towing

17.1 You must pay for all parking and traffic infringements issued during the Rental Period in respect of the Vehicle (including the occasion where you fail to leave the Vehicle legally parked at the end of the Rental Period). Furthermore, you agree that any demerit points will accrue on your licence.

17.2 You are responsible for returning the Vehicle to the agreed location in all circumstances, including where the Vehicle has been towed during the Rental Period or as a result of your failure to leave the Vehicle legally parked at the end of the Rental Period.

18 Tolls

18.1 You are responsible for all tolls (and toll related expenses) incurred in connection with the Vehicle during the Rental Period. If using your own toll tag, you must ensure that any toll fees incurred against the Vehicle during the Rental Period are paid in advance of, or within 5 days following, the use of the toll road.

18.2 In the event that you have incurred fees on the Host’s tolls tag, you must pay for all tolls (and toll related expenses) incurred in connection with the Vehicle during the Rental Period. Tolls (and toll related expenses) will be billed to you by the owner via the Platform.

19 Your financial responsibilities

19.1 You are solely responsible and liable for any Liability that arises during the Rental Period, subject to any personal insurance policy that you may have or any protection packages that you have purchased and terms and conditions and insurance policy which apply to the Vehicle. It is your obligation to review the terms and conditions and insurance policy which apply to the Vehicle.

19.2 evee will authorise a security deposit on your default payment method prior to the start of the rental. The deposit is released 48 hours after the end of the rental unless new damage or extra charges are reported. The security deposit amount varies based on each vehicle and can change from time to time at evee’s discretion..

19.3 Security deposit authorisation is required for the Vehicle to be handed over to the Renter. It is the Renter’s responsibility to ensure that the selected payment method has sufficient funds to authorise the security deposit. Where a security deposit authorisation cannot be processed, due to insufficient funds or otherwise, the Renter will be notified via the Platform of the failure of the security deposit authorisation. If the Renter does not then undertake to ensure evee can process the security deposit authorisation following such notification, evee may cancel the booking and notify the Renter on the Platform of the cancellation. Clause 10 of these Terms will apply to cancellations arising from failure to process a security deposit authorisation.

19.4 However, you and the Authorised Driver have no cover under evee’s protection packages for:

(a) any of your breach of any of these Terms;

(b) all your legal costs to defend criminal acts or fines for breaches of the road regulations and laws;

(d) any Liability resulting from lawful seizure or operation of law;

(e) your liability under any agreement or where you have agreed to accept liability which otherwise would not be applicable to you without evee’s prior written consent; and/or

(f) your loss of personal property.

19.5 The liability of evee is limited in accordance with clause 24.

20 Rating and Review

20.1 As a User, you may rate and review Hosts and/or Vehicles on the Platform to assist other Renters to make an assessment as to which Hosts and/or Vehicles they might wish to use. All ratings and review provided by Users must be honest, non-biased and at all times comply with the Terms.

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

20.3 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.

20.4 evee only facilitates the Rating System and is not responsible for any rating and/or review listed on the Host’s profile. If an Host has a complaint in relation to a rating and/or review made by you, the Host 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 Host, 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 Host, under no circumstances will evee be deemed to have published the rating and/or review and the Host acknowledges that the rating and/or review is User Content as defined in clause 21.2 and evee’s liability is limited in accordance with clause 21 and 24 of these Terms.

21 Platform Content

21.1 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.

21.2 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.

21.3 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.

22 Copyright and Intellectual Property of evee

22.1 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.

22.2 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.

22.3 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.

22.4 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.

22.5 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.

23 General Disclaimer

23.1 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.

23.2 Subject to this clause 23, 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.

23.3 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.

24 Limitation of liability

24.1 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.

24.2 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.

24.3 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.

24.4 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.

24.5 evee does not endorse any Host and/or Vehicle. While evee may use commercially reasonable efforts to verify the identities and/or backgrounds of the Hosts and Vehicles, it does not make any warranty, guarantee or representation in any respect relating to the Host and/or Vehicle. evee encourages you to make all necessary enquiries and satisfy yourself as to whether the Vehicle meets your requirements and intended uses.

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

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

24.8 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.

25 Indemnity

25.1 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 Liability which may 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

25.2 This indemnity will survive the termination of these Terms.

26 Termination

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

26.2 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.

26.3 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.

26.4 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.

26.5 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.

27 Force Majeure

27.1 In this clause 27, “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

27.2 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.

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

27.4 This clause 27 does not apply to obligations arising under clause 16 of the Terms.

28 Dispute Resolution

28.1 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.

28.2 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”).

28.3 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.

28.4 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.

28.5 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.

29 Notice

29.1 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.

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

30 Relationship

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

31 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.

32 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.

33 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.

34 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.

35 Waiver

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

35.2 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.

35.3 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.

36 Assignment

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

36.2 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.

37 Limitation of action

37.1 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.

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

Renting Terms and Conditions

1 About evee