Motor Vehicle Subscription/Hire Agreement
Terms and Conditions
1. INTRODUCTION
1.1 The hire agreement (the Agreement) made between the Dealer (we, us, our) and you, (Subscriber, you, your) consists of:
(a) The front pages which we refer to as the Schedule;
(b) these Subscription Terms and Conditions (Terms and Conditions);
(c) the Subscription Summary (including the subscription details and the Subscription Plan); and
(d) the Vehicle Condition Report.
You must comply with all of the terms of the Agreement.
2. SUBSCRIPTION REGISTRATION
2.1 By agreement with us, Loopit provides the electronic online software platform which enables and manages certain limited aspects of your Subscription including, (without limitation), billing and invoicing, implementing direct debits with your authority, credit checks, and identity checks. By applying for a subscription, you authorize us to share the details of your Subscription Application with Loopit and acknowledge that Loopit act as our non exclusive agent to receive payments which may be due by you to us under the terms of this Agreement.
2.2 When your Subscription is approved we will provide you with a Subscription Summary, based on the requirements you set out in the Subscription Application and our assessment of your service eligibility. You will be required to pay the Initial Payment (if any) and you will be required to sign the Schedule as confirmation that you have read and agree to be bound by these Terms and Conditions and the Agreement.
2.3 Your Subscription is considered active only when you collect the Vehicle from us or we deliver it to you. It is your responsibility to collect the Vehicle or arrange for delivery of the Vehicle as soon as possible after the Subscription Summary has been issued and after you have made a booking in accordance with clause 6. We may charge a fee if you chose to have the Vehicle delivered to you. We reserve the right to cancel your Subscription and/or your booking prior to your collection or delivery of the Vehicle where reasonably required (for example if an unforeseen Vehicle default arises or if the availability of the Vehicle changes or we become aware that any information you have provided to us as part of the Subscription Application changes or becomes incorrect) by notifying you at any point prior to you collecting the Vehicle and any payments made in relation to the Initial Payment or Subscription Fees shall be refunded to you in full.
2.4 You warrant and agree that:
(a) any information you provide as part of or ancillary to your Subscription Application, including your name, address and other identifying information is accurate, current and complete; and
(b) if you have been provided with login details, you will keep confidential and not provide to any person your login details, including any username, password, and/or password hint(s) chosen by you or assigned to you, and any other mechanism for accessing or logging on to our website or the Loopit website.
2.5 We reserve the right to decline to activate your Subscription and/or deal with the Vehicle in any manner in our absolute discretion at any time before you collect the Vehicle.
3. SUBSCRIPTION REGISTRATION REQUIREMENTS
3.1 To qualify for a Subscription you must meet the relevant Subscription Requirements.
3.2 You must immediately notify us of any:
(a) changes to Your contact details including Your phone number, address or email address;
(b) suspensions or cancellations of your Driver's Licence; or
(c) changes to your nominated bank account for the direct debit authority.
3.3 ou acknowledge that we (and Loopit) will communicate with you electronically via your nominated email address (including by giving you any notice under this Agreement) and:
(a) you acknowledge the risks associated with sending or receiving personal information via email; communications will be deemed to have been received by you; and
(b) you accept that we are not required to send you paper documents and you are responsible for viewing, printing or saving documents or information which is sent to you electronically.
3.4 You must promptly respond and comply if we communicate with you via your email address or phone and make any reasonable request for you to do any act or provide information or documentation arising from or relevant to this Agreement.
4. SUBSCRIPTION
4.1 It is an essential and material condition of this Agreement that you:
(a) pay all Subscription Charges by direct debit, when they become due;
(b) prevent any person who is not an Authorised Driver from accessing the subscription services;
(c) not allow any other person, except an Authorised Driver, to drive the Vehicle; and
(d) maintain a current drivers license in accordance with the Subscription Requirements.
4.2 This Agreement will operate for the duration of your Subscription Plan. The Subscription Summary and the Schedule will set out a Minimum Term and during this time you are not permitted to terminate the Subscription. Once the Minimum Term has expired, the term of the Subscription will continue for the Rolling Period until terminated pursuant to this clause 4. You should be aware that you will continue to pay the Subscription Charges until you have returned the Vehicle to us in accordance with clause 14.
4.3 After the expiry of the Minimum Term, you may terminate this Agreement and your Subscription Plan at any time by providing no less than 21 days written notice to us. There will be no refund of Subscription Fees already paid if the date of termination takes effect before the expiry of the Minimum Term.
4.4 We may also terminate this Agreement and your Subscription Plan at any time and without cause by giving you seven (7) days notice. In that event (and subject to any claim which we may have against you for unpaid Subscription Charges or Damage to the Vehicle) we may:
(i) take possession of the Vehicle during the seven (7) day notice period; and
(ii) decline to provide you with a replacement Vehicle and, instead, make an ex gratia payment to you of an amount which is not more than the value of seven (7) days Subscription Charges and we will refund you the proportion of Subscription Charges which relate to any period where you are unable to use the Vehicle because we have taken possession of it pursuant to this clause.
5. VEHICLE SUBSCRIPTION PLANS
5.1 If your Subscription Application is accepted by us, we may offer you a Subscription Plan based on your requirements (and our assessment of your service eligibility which will be set out in the Subscription Summary).
5.2 Your Subscription Plan may include a minimum time period (the Minimum Term) during which you are not permitted to terminate the Subscription and is subject to clause 4.2 of these Terms and Conditions.
5.3 We reserve the right to vary the terms of your Subscription Plan if
(i) we think that it is in your best interests to do so;
(ii) to reflect changes to the law or codes or practice or recommendations made by, or requirement of, a court, ombudsman, regulatory or similar body
(iii) to make the Agreement clearer and more easily understood. We may vary the Subscription Fees if there is a change in VAT as explained in the Schedule. We may also vary a fee or charge or introduce new charges under the Subscription Plan to reflect a change in our administrative costs by giving you at least 30 days' notice, unless the change is not to your disadvantage in which case we may make the change immediately and tell you within 30 days.
6. BOOKINGS
6.1 Once a Subscription Plan is approved by us you agree to subscribe to the Vehicle referred to in the Schedule for the Subscription Period.
6.2 Each booking, including for any swapped Vehicle, is subject to these Terms and Conditions and the details set out in the Subscription Summary and the Schedule.
6.3 You must always comply with the conditions that are part of your booking including strictly observing the times, dates and duration of your Subscription.
6.4 Your Subscription Plan may include an Early Return Fee. An Early Return Fee may be imposed if you return the Vehicle, including any Swapped Vehicle, prior to the expiration of the Minimum Term of your Subscription Plan.
7. VEHICLE SWAPS
7.1 Not every Subscription Plan permits you to swap the Vehicle. If your Subscription Plan permits you to swap the Vehicle, that will be recorded in the Subscription Summary.
7.2 In any event, a swap may be requested no less than 21 days in advance in writing via email to us and is subject to vehicle availability.
7.3 If you wish to swap the Vehicle you may be required to pay a Swap Fee.
7.4 A swap will be subject to a new Subscription Agreement and the Subscription Fee applicable to the Swap Vehicle will apply from the date of the swap. A new minimum time period may be imposed for the term of the applicable Subscription Plan from the date of the swap.
7.5 For the purpose of a swap, collection and return of a Vehicle must be conducted in accordance with clauses 8 and 14, respectively and you remain liable to us under this Agreement for all outstanding Subscription Charges and other sums due to us under this Agreement up to the date of the swap.
7.6 If your Subscription Plan permits you to a free swap of the Vehicle, that will be recorded in the Subscription Summary.
7.7 Your Subscription must remain active and in good standing for at least the Free Swap Eligibility Period required to become eligible for a free swap.
7.8 Free swaps do not accumulate. When you exercise a free swap in accordance with this agreement, a new Free Swap Eligibility period as specified in the Subscription Summary is required to be served before being eligible for a subsequent free swap.
8. VEHICLE COLLECTION / VEHICLE CONDITION REPORT
8.1 You must sign the Vehicle Condition Report before you take possession of the Vehicle, and we reserve the right to retain possession of the Vehicle until you do so.
8.2 Before you take possession of the Vehicle:
(a) you must inspect the Vehicle;
(b) you must ensure that any pre-existing damage is noted and shown in the Vehicle Condition Report; and
(c) you must sign the Vehicle Condition Report.
8.3 If you do not notify us of any issues at the time you inspect the Vehicle or if you fail to sign a Vehicle Condition Report it shall be deemed that you received the Vehicle in good working order and condition.
8.4 We strongly recommend that you take photos of each side of the Vehicle, its front, rear and interior in case there is a dispute about Damage detected when the Vehicle is returned.
9. CONDITIONS OF USE OF THE VEHICLE
9.1 Only you or an Authorised Driver may drive the Vehicle. If you or an Authorised Driver allow anyone who is not an Authorised Driver to drive the Vehicle, that constitutes a Major Breach of the Agreement and:
(a) you and the Authorised Driver are excluded from any entitlement to Damage Cover indemnity; and
(b) the breach allows us to take immediate possession of the Vehicle.
9.2 The Vehicle must not be driven by You or an Authorised Driver :
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
9.3 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) allow the vehicle to be driven by a provisional or probationary licence holder or learner driver
(c) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle or a trailer;
(iv) to carry illegal drugs or substances;
(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(vi) in an unsafe or un-roadworthy condition.
9.4 You and any Authorised Driver must not:
(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle or create any security or mortgage over the Vehicle or any interest in it.
9.5 You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licensed; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
9.6 You or an Authorised Driver must not:
(a) use the Vehicle to transport any non-domestic animals except assistance animals; or
(b) smoke in the Vehicle and you must prevent any passenger from doing so. Additional cleaning and deodorising costs must be paid if there is a breach of this clause.
9.7 The Vehicle must never be driven Off Road
9.8 The Vehicle must not be used in any area that is prohibited by us. Prohibited areas include:
(a) any road where the police or an authority has issued a warning;
(b) any road that is closed; and
(c) any road where it would be unsafe to drive the Vehicle.
9.9 The Vehicle must never be driven or used outside the United Kingdom unless we have given prior written permission.
9.10 You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority. See clause 11 for further information
9.11 You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in a secure place at all times and must never be left in the ignition when the Vehicle is unattended.
9.12 You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the engine and brake oils and coolant level and tyre pressures;
(d) using the correct fuel type; and
(e) making sure it is not overloaded.
9.13 You must pay for the fuel costs incurred for the use of the Vehicle, including any required additive such as AdBlue.
10 MAINTENANCE AND REPAIRS
10.1 You must notify us when the Vehicle is due for a service and/or MOT and as directed by us you must arrange (within a reasonable time frame) to take the Vehicle to a service provider who is approved by us for the purpose of repairs or maintenance, service or MOT including for the purpose of servicing the GPS tracking device.
10.2 We reserve the right at any time to require and direct you to take the Vehicle to a service provider who is approved by us for the purpose of repairs or maintenance, including for the purpose of servicing the GPS tracking device.
10.3 here we have determined the Vehicle cannot be driven or used due to repair or other work on the Vehicle, a courtesy or replacement Vehicle may be provided only where the expected duration of the repair or work on the Vehicle exceeds 2 Business Days. We are not required to make available to you a courtesy or replacement Vehicle while repairs or other work is being performed on the Vehicle and the decision to do so (or refrain from doing so) is at our sole discretion. A courtesy or replacement Vehicle (if offered to you) must be collected by you from us in accordance with clause 7.
10.4 You and any Authorised Driver must notify us immediately (using contact details available on our website https://www.autosub.com.au/) if:
(a) a warning light is activated or a fault message appears in the Vehicle;
(b) you see or become aware of low engine or brake oils, or engine coolant levels;
(c) the Vehicle develops any fault during the Subscription Period; or
(d) the GPS tracking device is removed or otherwise ceases to function.
If you fail to notify us before the end of the next Business Day and continue to use the Vehicle you will be responsible for any Damage or Third Party Loss.
10.5 You must not let anyone repair or work on the vehicle or tow or salvage it without our prior written authority.
10.6 Where we have given you prior authority you must keep and produce to us the original tax invoices and receipts for any repairs, towing or salvage.
10.7 Reimbursement of expenses under clause 10.6 will only be paid to you if:
(a) those expenses have been authorised by us;
(b) you produce to us the original tax invoices and receipts for any repairs, towing or salvage;
(c) you have not committed a Major Breach of the Agreement; and
(d) you have paid all fees, including your Subscription Charges.
we reserve the right to refuse reimbursement until your Subscription is in good order with no overdue fees.
10.8 You and any Authorised Driver must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
10.9 Except for the items which have been authorised by us in accordance with clause 10.6, we do not reimburse any other costs incurred by you arising from or in connection with repairs to or maintenance of the Vehicle (including taxi fares, hire car costs, and similar expenditure).
11 FINES, TOLLS AND CHARGES
11.1 You shall be liable for the following charges during the Subscription Period and these charges will form part of the Subscription Charges and you shall be required to pay them on demand:
11.1.1 all charges, fines and court costs including congestion charges, parking, traffic, speeding and other offences and any civil and penalty payments relating to the Vehicle (Fines) and any tolls, fees or charges including toll road fees and London Congestion Charge (Tolls). You must also pay to the appropriate authority any Fines, Tolls and costs if and when the relevant authority demands this payment and acknowledges that such obligations may be communicated to you, to us or the relevant authority; and
11.1.2 value added tax and all other taxes and levies on any of the Fines, Tolls and charges as appropriate including an Administration Fee for each Fine, Toll or charge that you incur during the Subscription Period.
12 DAMAGE COVER (INSURANCE)
12.1 Standard Damage Cover insurance (Damage Cover) is included in your Subscription Plan. Subject to these Terms and Conditions, and provided that you pay the Damage Excess to us shown on the Subscription Details for each Accident or theft, we will indemnify you for the theft of the Vehicle and any Damage or Third Party Loss . The Damage Excess is payable by you in every case where there is a theft of the Vehicle, Damage or a Third Party Loss, regardless of whether
(a) you or any Authorised Driver were not at fault; or
(b) the other party was insured and their insurance company accepts liability.
12.2 An additional Damage Excess applies if You are 21 to 24 years of age.
12.3 Subject to these Terms and Conditions, you may reduce the Damage Excess payable for each Accident or theft claim to zero if you chose to have a dashcam fitted to the Vehicle for the duration of the Term and your Vehicle Subscription payments are not in arrears or overdue on the date of the Accident or theft.
12.4 The Damage Excess payable will be charged to your provided payment method, subject to clause 15.3:
(a) if the Vehicle has been stolen, after we have made reasonable enquiries and it is the opinion of us it is unlikely the Vehicle will be recovered; and
(b) for Accidents in which there is also Third Party Loss, after:
(i) a reasonable estimate of the Third Party Loss has been made;
(ii) a repairer's estimate or tax invoice verifying the amount charged for Damage has been obtained; and
(iii) all documents verifying the Third Party Loss and Damage have been sent to you, unless you have expressly authorised us to take payment at an earlier time.
12.5 If the Damage Excess is payable by you and if it is not paid, this amount will be deemed to be a default in payment under clause 15.7.
12.6 If we actually recover in full the loss arising from Accident or Theft or if the costs arising from Damage to the Vehicle is less than the Damage Excess, then the unused portion of the Damage Excess will be refunded to you.
13. DAMAGE COVER EXCLUSIONS
13.1 There is no Damage Cover and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Agreement; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver;
(b) Overhead Damage;
(c) Underbody Damage; and
(d) Damage caused by immersion of the Vehicle in water.
13.2 There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by us including, but not limited to GPS units, lost keys, keyless start and remote control devices; and
(b) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of you, your relatives friends or employees. of:
14. VEHICLE RETURN
14.1 When you decide to end your Subscription or swap the Vehicle, you must inform us that you want to return the Vehicle and you must notify us by no less than 21 days advance notice or pay the equivalent of 21 days Subscription Charges. You must return the Vehicle to us only at the time and location which has been agreed between you and us (the Return Booking), subject to clause 14.3.
14.2 It is a condition of every Return Booking that the Vehicle must be returned:
(a) only to an authorised vehicle depot of ours; and
(b) only during our Business Hours.
14.3 If you want to vary the Return Booking of the Vehicle:
(a) you must give a minimum of 24 hours notice to us;
(b) you must request an alternative time/location for return and reach agreement with us as to a suitable alternative; and
(c) we will use reasonable efforts to accommodate your request for a variation (but cannot guarantee that it will agree to any alternative which you may request).
14.4 If you fail to return the Vehicle in accordance with the Return Booking we may terminate the Agreement and:
(i) if the Vehicle's location is known, we may repossess the Vehicle from its current location and if the Vehicle is located on your premises you give us permission to access and enter your premises to do so; or
(ii) if the Vehicle's location is unknown, after making reasonable attempts to contact you, we will report the Vehicle as stolen to the Police.
14.5 You must pay all costs and charges associated with recovery and repossession of the Vehicle under clause 14.2, even if all other fees or Subscription Charges under this Agreement are fully paid at the time of repossession. These costs and charges may include:
(a) towing, recovery and storage charges;
(b) release fees claimed by third parties, including from any compound where the Vehicle has been lawfully seized and/or stored by a regulatory authority; and
(c) repossession agent's fees.
14.6 You must return the Vehicle:
(a) to the location and at the time agreed between you and us;
(b) in the same condition it was in at the beginning of the Booking Period;
(c) cleaned; and
(d) with a full tank of fuel.
14.7 If you return the Vehicle with less than a full tank of fuel, a Refuelling Fee will apply as per the current rates on our website https://www.autosub.com.au/
14.8 You must not:
(a) return, or purport to return the Vehicle outside of our business hours or otherwise at a time or a location which has not been agreed between you and us;
(b) park or abandon the Vehicle at or near our location and depart without having a face to face interview with our representative and otherwise complying with the process described in this clause 14.
14.9 You must pay:
(a) any outstanding charges that are due under the Agreement (including Subscription Charges and Excess Mileage Charges);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle has been stolen;
(c) any costs incurred by us, including extra cleaning costs under clause 9.6, in reinstating the Vehicle to the same condition it was in at the Subscription Start Date, fair wear and tear excluded;
(d) the replacement cost or incurred loss for the replacement of the service logbook, keys or other accessories supplied to you at the Subscription Start Date, if the Vehicle is returned to us without these items;
(e) for all Damage arising from a Major Breach of the Agreement;
(f) for all Overhead Damage;
(g) for all Underbody Damage; and
(h) for any Damage caused by the immersion of the Vehicle in water.
14.10 In all cases where we manage repairs to the Vehicle which arise as the result of:
(a) Damage arising from a Major Breach of the Agreement;
(b) Overhead Damage;
(c) Underbody Damage; or
(d) Damage caused by the immersion of the Vehicle in water.
we reserves the right to charge you an administration fee up to 20% of the cost of the repairs.
14.11 You must remove all of your personal property from the Vehicle when you return the Vehicle and you acknowledge that we are not responsible for any personal property remaining in the Vehicle thereafter. If the Vehicle has been repossessed pursuant to clause 14.4(i) it is your responsibility to contact us and to arrange collection of any personal property left in the Vehicle (during Business Hours). We reserve the right to dispose of any personal property which has not been collected after seven (7) days.
14.12 You must sign the Vehicle Condition Report at the time of returning the Vehicle. If you fail to sign the Vehicle Condition Report at the time you return the Vehicle, you will not be able to dispute whether you are responsible for Damage allegedly incurred to the Vehicle during the Subscription Period.
14.13 If, at the time of returning the Vehicle, the Vehicle is not in the same condition as when you took possession of it (fair wear and tear excluded) then you are responsible for all costs incurred by us to return the Vehicle to that condition, including costs of replacement of any Vehicle accessories supplied to you when you took possession of it.
15. FINANCIAL OBLIGATIONS
15.1 At the start of the Subscription Period you must pay a Security Deposit as security for fees and charges that may be incurred during the Subscription Period and otherwise under the terms of this Agreement. We may apply the Security Deposit to satisfy any Subscription Charges or other sums which are due to us under this Agreement by retaining the corresponding amount from the Security Deposit. Within fivedays of the end of the Subscription Period, provided you have returned the Vehicle and complied with your other obligations under the Agreement we will return the Security Deposit to you less any deductions made pursuant to this clause. You must also pay the Initial Payment and the Subscription Charges (including the Subscription Fees and other charges at the rates and on the dates specified in the Schedule).
15.2 For amounts owing to us pursuant to this Agreement, you will pay by direct debit. If you pay by debit or credit card we will charge you an administration fee as shown in the Schedule.
15.3 A valid payment method must be provided to Loopit at all times. You have the ability to change your due date for payment by emailing danny@autosub.com.au;
15.4 A valid payment method must be provided to Loopit at all times.
(a) You are not permitted to revoke authorisation to charge any provided payment method unless a valid alternative payment method is provided to Loopit and us; and
(b) You must provide at least seven (7) days written notice via email to us to remove any provided payment method from your Subscription Plan, subject to clause 14.3 (a).
15.5 An Excess Mileage Charge applies to your use of the Vehicle according to the Subscription Plan you have selected.
(a) For each instance when you exceed the kilometre limit shown in the Subscription Plan you will incur an additional Kilometre Usage Fee of $0.33 per kilometre in excess of the limit travelled which will be debited with your next Subscription Charge or invoiced to you if this Agreement has been terminated.
(b) The kilometre usage is calculated according to the same time periods as the applicable Billing Cycle shown in the Subscription Plan.
(c) The kilometre usage is typically calculated based on GPS location data and may not reflect the kilometre usage as shown by the Vehicle or the odometer shown in your Agreement.
(d) Kilometre usage does not roll over Billing Cycles. Any unused kilometres within a Billing Cycle period are forfeited.
(e) An administrative fee of $500 applies where the GPS unit has been tampered with or removed. Where a GPS unit has been tampered with or removed, excess kilometre fees will be payable and those fees will be the greater of:
(i) the maximum weekly kilometre limit of your Subscription Plan for the duration that the GPS unit has been tampered with or removed; or
(ii) the calculated kilometres traveled based on the last known locations of the Vehicle.
15.6 Amounts owing to us pursuant to this Agreement accrue interest at the rate of 10% per annum commencing 28 days after the amount became due.
15.7 Late payments. If we are not able to debit your nominated direct debit bank account for Subscription Charges and other fees imposed by us under the terms of this Agreement then, in addition to any other rights which we may have under this Agreement, we may:
(a) charge you administrative fee which applies to all late payments that are more than seven (7) days overdue, (which compensates us for the extra labour and associated costs of contacting you when payments are overdue);
(b) require immediate payment of all Subscription Charges and other fees imposed by us under the terms of this Agreement; and
(c) engage a debt collection agency to recover outstanding amounts at your cost.
15.8 If you initiate a chargeback which is subsequently shown to be unfounded we reserve the right to charge you a fee to cover our administrative costs of processing the chargeback and additionally any processing or other fee which has been imposed upon us by a third party payment processor in connection with the unfounded chargeback.
16. BREAKDOWNS
16.1 Twenty four hour roadside assistance is provided free of charge for breakdowns (but not for Accidents).
16.2 If you experience a breakdown and require roadside assistance, you must:
(a) contact the roadside assistance provider directly, to arrange that assistance (using the contact details which are provided with the Vehicle, or otherwise accessible via our website https://www.autosub.com.au/; and
(b) notify us within 24 hours, using the contact details provided at the end of these terms and Conditions
Provided there has not been a Major Breach the roadside assistance provider will supply all practical assistance as soon as practicable.16.3 we are not responsible for and there is no roadside assistance for:
(a) damage as a result of use of the incorrect fuel type;
(b) a flat battery because the lights, accessories or entertainment system have been left on without the engine running;
(c) a flat battery where the Vehicle has not been used for more than 3 consecutive days;
(d) tyre changing or replacement as a result of a puncture or damage to the wheel;
(e) lost keys or remote control device; or
(f) keys or remote control device locked in the Vehicle.
16.4 Extra charges will apply if any of these services are provided at your request.
17. ACCIDENT AND THEFT REPORTING
17.1 If you or any Authorised Driver have an Accident or if the Vehicle is stolen you must, in addition to complying with your obligations under applicable laws:
(a) report the Accident or theft to us in writing via email within 24 hours of it occurring; and
(b) fully complete an Accident/Theft report form.
Failure to report an Accident/Theft is a Major Breach of this Agreement.
17.2 You and any Authorised Driver must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
17.3 If the Vehicle is damaged in an accident, you must follow reasonable instructions given by us with respect to the Vehicle and you must cooperate with us to enable the Vehicle to be moved to a secure place for repair.
17.4 If the Vehicle is stolen or if you have an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
you and any Authorised Driver must report the theft or Accident to the Police.17.5 If you have an Accident you must:
(a) exchange names and addresses, telephone numbers and email addresses with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(d) obtain the names, addresses and phone numbers of all witnesses;
(e) not:
(i) make any admission of fault;
(ii) promise to pay the other party's claim; or
(iii) release the other party from any liability;
(f) forward all third party correspondence or court documents to Loopit and us within 7 days of receipt; and
(g) co-operate with us in the prosecution and or defence of any legal proceedings (whether instituted by us or not) arising from or as a result of an Accident, including attending:
(i) Our lawyer's office; or
(ii) any Court hearing.
17.6 If the Vehicle suffers Damage in an accident or if the Vehicle is stolen, you must continue to pay the Subscription Charges until the earlier of the following events:
(a) you pay the Damage Excess; or
(b) the Damage has been repaired; or
(c) the Vehicle has been replaced (but only if the Vehicle has been stolen or declared a total loss because it suffers Damage that cannot be repaired).
17.7 If the Vehicle is stolen or suffers Damage that is not capable of repair, then, provided that you have not committed a Major Breach of this Agreement, the Subscription Agreement for the Damaged Vehicle will terminate and you will have the option of entering into a Subscription Agreement for another Vehicle.
18. BREACH OF THE AGREEMENT
Subject to any notice required by law, we may terminate this Agreement if any of the following occur:
(a) You fail to pay any Subscription Charge or any other amount due under this Agreement on the date that it becomes due;
(b) You, or the Authorised Driver breach any of your obligations under this Agreement;
(c) You or an Authorised Driver commit any Major Breach;
(d) For any reason you are no longer in possession or control of the Vehicle;
(e) You receive endorsements or convictions on your licence which are not acceptable to us or you fail to comply with any of the other Subscription Requirements;
(f) you have illegally parked the Vehicle for longer than 24 hours;
(g) you have disconnected, damaged, or removed the GPS unit from the Vehicle;
(h) the Vehicle is apparently abandoned or for any reason you are no longer in possession or control of the Vehicle; or
(i) Any information supplied by you to us in connection with this Agreement is in accurate or misleading in any material way.
19. CONSEQUENCES OF A MAJOR BREACH OF THE AGREEMENT
19.1 Upon early termination of this Agreement for any of the reasons set out in clause 18 (a) you shall immediately be liable for
(i) any arrears of Subscription Charges and other amounts due and payable at the time (including for the avoidance of doubt any Fines, Tolls and other charges and any Excess Mileage Charges)
(ii) a fee equivalent to 21 days Subscription Charges and
(iii) any other amounts which may become due and payable under this Agreement.
(b) we may require you to return the Vehicle using the process described in clause 14 or, alternatively, we may repossess the Vehicle from you or any Authorised Driver and you give us permission to access and enter your premises to do so.
(c) If we, or any of our agents, contractors or representatives repossess the Vehicle in accordance with this Agreement, you agree to indemnify us for the costs (including but not limited to any legal costs) incurred by us and any of our agents, contractors or representatives in repossessing the Vehicle (including without limitation those set out in clause 14.5) and/or recovering any payments in arrears from you;
(d) all charges which are payable after the discovery of damage following re-inspection of the Vehicle when returned by you, as such charges are set out in clauses 14.9 and 14.10
19.2 In addition to the provisions of clause 19.1 if you or any Authorised Driver commit a Major Breach of these Terms and Conditions you and any Authorised Driver have no Damage Cover you will be personally liable for all Damage, theft of the Vehicle and Third Party Loss
20. PRIVACY
The Vehicle is fitted with a telematics device that enables Loopit and us to track the Vehicle, including the Vehicle's location, speed and other features relevant to driver behaviour. When you sign the Subscription Application you authorise Loopit and us to use the GPS Tracking Device to track the Vehicle's location, speed and other features until it is returned to us.
21. GOVERNING LAW
21.1 The Agreement shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts.
22. GENERAL
22.1 Any notice or other communication given to you in connection with this Agreement may be sent by email to the latest address maintained on the our website, www.loopit.co or by post to such address as we hold for you. Any notice or other communication given to us in connection with this Agreement should be sent by email to danny@autosub.com.au.
22.2 If any part of these terms is disallowed or found to be ineffective by a court or regulator, the other provisions shall continue to apply.
22.3 If either party does not take action against the other party, the party who chose not to take action is still entitled to use its rights and remedies in any other situation when this Agreement is breached.
22.4 This Agreement is for the benefit of you and us where stated in this Agreement, and no term of this Agreement will be enforceable by any other person that is not a party to it including any enforcement through the Contracts (Rights of Third Parties) Act 1999.
22.5 We expressly reserve the right to sub-contract any of our obligations under this Agreement to a third party (including Loopit), provided that we shall remain primarily responsible for, and liable to you for, the performance of such obligations.
22.6 We can transfer our rights under this Agreement. We can also in certain circumstances transfer our obligations. You may not transfer your rights or obligations under this Agreement.
22.7 You agree this Agreement may be entered into and signed by way of electronic signature or advanced electronic signature as defined in the Electronic Communications Act 2000 or articles 3(10) or 3(11) of Regulation EU N09012014. Any signature made by you in a way which complies with the Electronic Communications Act 2000 will be effective and binding you
23. DEFINITIONS
Accident
means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollover of the Vehicle;
(c) a weather event, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver
means a driver who;
(a) meets the Subscription Requirements, and is approved by us and named in the Subscription Summary and in the Schedule; or
(b) is otherwise approved by us to drive or take possession of the Vehicle.
Business Day means a day when we are open for business in the country where the Vehicle is supplied to you. This may include weekends and public holidays.
Business Hours means the times (on a Business Day) when we are open for business in the country where the Vehicle is supplied to you. This can be found on our website www.loopit.co
Damage
means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees;
(d) claims administration fee; and
(e) Loss of Use,
Damage Cover has the meaning given to it in clause 12.1
Damage Excess means the amount, including VAT, which you must pay us in the event of an accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.
Early Return Fee means the charges payable by you as specified in this Agreement to return your Vehicle before the Minimum Term that applies to your Subscription Plan.
Free Swap Eligibility Period means the period set out as such in the Subscription Application.
Fines has the meaning given to it in clause 11.1.1.
GPS Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed and fuel levels.
Loopit means Loopit Mobility Limited of 10 John Street, London, United Kingdom, WC1N 2EBtrading as Loopit.
Loss of Use means the loss we incur because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of clause 9 or clause 17.1 that causes Damage, theft of the Vehicle or Third Party Loss.
Off Road means any area that is neither a sealed or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage
means:
(a) Damage at or above the level of the top of the front windscreen of the Vehicle; or
(b) Third Party Loss caused by,
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Refueling Fee means the charges payable by you as specified in this Agreement if you return the Vehicle with less than a full tank of fuel.
Return Booking has the meaning given to it in clause 14.
Rolling Period means the period from the expiry of the Minimum Term until you return the Vehicle (or we obtain possession of the Vehicle) in accordance with clause 14.
Security Deposit means the amount we collect from you at the commencement of the Subscription Period as security for payment of the Subscription Charges incurred by you (without limiting any remedy which may be available to us if Subscription Charges are not paid) as shown in the Schedule.
Subscription Application means the information we require from you before entering into the Agreement;
Subscription Charges means all of the charges, monies or fees of any kind (including GST) payable to us and Loopit for the use of the Vehicle under the terms of this Agreement.
Subscription Period means the Minimum Term and the Rolling Period.
Subscription Plan the options you have selected when completing your Subscription Application that will apply to your Subscription as set out in the Subscription Summary and the Schedule;
Subscription Requirements means the eligibility requirements that must be satisfied in order for you to qualify for a Subscription, as shown in the Schedule;
Subscription Summary means the confirmation we provide to you, following your Subscription Application, setting out the subscription details and the Subscription Plan;
Swap Fee means the charges payable by you as specified in this Agreement to Swap your Vehicle.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Tolls has the meaning given to it in clause 11.1.1.
Toll Processing Fee means the charge payable by you as per the current rates on our website.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including curbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Vehicle Condition Report and includes its parts, components and accessories, including the GPS unit.
Vehicle Condition Report means the report which describes in detail the condition of the Vehicle (i) at the time when you collect the Vehicle from us and (ii) when you return the Vehicle to us.
We, us, our , means Autosub, ADELAIDE PRESTIGE PTY LTD.
You, Your means the person whose name is shown in the Subscription Application.