Subscription Terms and Conditions for Direct Cars Queensland

This Agreement governs the rights and obligations of both parties in the contractual relationship whereby the Owner provides the Vehicle to the Subscriber.

 

1. General Terms and Conditions

 

1.1 Term: The term of this agreement is 12 weeks, however this Agreement can be cancelled at any time by either party for any reason.

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1.2 Vehicle Title: This is not a credit contract, an offer for credit, nor is it a sale contract. The Subscriber’s rights in relation to the Vehicle are as a Subscriber only. Nothing in this agreement constitutes the Subscriber any right, title or interest, other than a temporary leasehold interest.

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1.3 Return of vehicle: At the expiry or cancellation of this agreement the Subscriber will give the vehicle back to the Owner, at the Owner’s Premise, in the condition that was originally given to them at the start of the subscription agreement (minor wear and tear is accepted).

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1.4 After this Agreement has been in force for 12 weeks, the Owner may, at their sole discretion, make a new offer for the lease for the Vehicle or any other vehicle. The Subscriber may, at their sole discretion, accept or reject this new agreement.

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2. Drivers of the Vehicle

2.1 Authorised Driver: Only the Subscriber or an Authorised Driver identified in this agreement can drive the Vehicle. The Authorised Driver must be a signatory to this agreement to drive the     Vehicle.

 

2.2 Age limits: The Subscriber and any Authorised Driver must be at least 21 years and less than 75 years of age and have no less than 12 months driving experience

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2.3. Licence requirements: The Subscriber, and any Authorised Driver, must have a valid licence, which is:

1. A provisional or open licence issued in any state or territory of Australia;

2. An overseas drivers licence written or translated into english; or

3. An international driving permit.

 

2.4. A licence is not valid if it is:

1. Subject to any restriction, condition, or status, the precludes, in full or in part, driving of the Vehicle;

2. A learner driver’s license;

3. A licence that has been cancelled.

 

2.5. False information: The Subscriber must not provide false or misleading information to the Owners such as name, age, address or driver’s licence.

 

3. Maintenance, Accidents Loss and Theft

3.1 Reporting: If the Subscriber has an Accident, the Vehicle is otherwise Damaged, or the Vehicle is stolen, the Subscriber must report this to the Owner within 24 hours. The Subscriber must provide a full written report of the circumstances of the loss or damage and furnish the Owner with any particulars or evidence as may reasonably be required by the Owner, or an agent of the Owner.

 

3.2 Maintenance & Repairs of Vehicle: The subscriber must take all reasonable efforts to maintain the Vehicle in a satisfactory safe and serviceable condition. If the vehicle requires repairs:

1. The Subscriber must not attempt to repair or arrange for the repair of the Vehicle;

2. The Subscriber is responsible for transporting the Vehicle to Owner’s premise, or any location reasonably directed by the Owner;

3. The Subscriber and the Owner may discuss a replacement vehicle being provided, but the Owner is under no obligation to provide one;

4. The Weekly Subscription Fee is not waived during the period of any repairs.

 

3.3 The Owner will pay for a service when the car is due only if the vehicle is delivered back to the Owners yard.

 

3.4 If the Subscriber sells the vehicle to a third party, it will be considered stolen. The Subscriber will be liable to compensate the owner for the replacement cost for the same condition the vehicle was given to them regardless of what condition it was sold as.

 

3. Use of vehicle

3.1 Location: The vehicle must not be driven:

1. Further than 400 kms the Owner’s Premises;

2. In any areas that is flooded or prone to flooding;

3. On a beach;

4. Off Road;

5. On any other terrain which would reasonably foresee damage occurring to the vehicle.

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3.2 Possession of the Vehicle: The Subscriber must:

1. Take all reasonable precautions to avoid loss or damage to the Vehicle;

2. Abide by all laws and rules set by all relevant authorities in Queensland and Australia;

3. Pay all infringement notices and Tolls;                                  

4. Not sell, rent, lease or dispose of the Vehicle;

5. Not modify, disassemble the Vehicle or GPS device; 

6. Not register or claim any interest in the Vehicle under the Personal Property Securities Act 2009.

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3.3 Driving of Vehicle: The Subscriber must not use the vehicle, or allow the vehicle to be used:

1. Recklessly or dangerously;

2. For the purposes of operating a ridesharing service or otherwise carry passengers for a fare;

3. For any purpose other than personal use;

4. For any illegal activity;

5. For any activity that which could reasonably foresee the Vehicle being impounded;

6. To propel or tow another vehicle or object;

7. To transport any dangerous, hazardous, inflammable goods or substances.

 

3.4 Inspection of vehicle by Owner: The Subscriber agrees allow the Owner access to the Vehicle to conduct a check of the vehicle’s condition or carry out GPS system maintenance. The Owner providing the Subscriber with reasonable notice of their intention to do so (at least less than 1 business day). The subscriber will make the vehicle reasonably available to the Owner in such an event.

 

6.5 Accessories: If the Subscriber wants to install accessories (such as stereo, towbar, etc), they need to have written permission from the Owner and the Subscriber must pay for them. All items installed become part of the Vehicle and belong to the owner, regardless of who paid for them, and will no refund or return will occur.

 

4. Security Deposit

1. Bond: Any bond taken at the start of agreement is refundable. If the Subscriber is liable to the Owner due to breach of this contract, or non-payment of charges, fees that arise from this contract, the bond will be applied against the amount owed to the Owner.

 

5. Weekly Payment, Fees, and End of Agreement Payment

5.1 Weekly Subscription Fee: This is charged in advance, payment must be received on each subscription date to use the vehicle for the 7 days following the payment date.

 

5.2 Weekly Subscription Fee First Payment: The first payment date will be on the date the vehicle is picked up.

 

If the Subscriber wants the weekly payment schedule to start on a different date, or the Vehicle is picked up on a weekend, the Subscriber must pay for the first Weekly Subscription Fee plus the partial payment through until the payment date. For example, if the Vehicle is picked-up on Saturday, and payment day is Tuesday, then the Subscriber must pay 10 days on pick up (3 days until Tuesday, plus a full week).

 

5.3 The owner has the right to set up a direct debit on the subscribers bank account, either through payment links or requesting the subscribers card information.

 

5.4 Tolls and Fines: All fines related to traffic, police, parking, etc. are Subscriber’s responsibility, and must be paid by subscriber to relevant authority on timely manner.

 

5.5 Additional Fees. The Subscriber is liable for the following fees:

Smoking withing the Vehicle - $500

Non-payment of infringement notices requiring the Owner to process payment- $65

Missed or late payment requiring the Owner to follow up on payment - $65

Excess Mileage. Maximum permitted mileage is equal to 300km multiplied by the number of weeks the subscriber possessed the vehicle -$0.09 per km

Lost Keys - $350 per Key

Repossession Fee (where vehicle is not returned to our yard) - $350

 

5.6 End of Agreement Payment: At the end of the Agreement, whether due to expiry or cancellation by either party, the Subscriber will pay:

1. Any outstanding Weekly Subscription Fees;

2. Any additional fees incurred;

3. The cost of refuelling the car at $4.49 per litre (if the Vehicle is returned with a lower fuel bar then given to the Subscriber);

4. The Damage Excess if there is Damage or Third-Party Loss as a result of an Accident or the Vehicle is stolen;

5. Any costs the Owner incurs, including extra cleaning, deodorising costs, or Loss of Use in reinstating the Vehicle to the same condition it was in at the Start of Rental (excluding fair wear and tear);

6. For all Damage, theft of the Vehicle and Third Party Loss arising from a Major Breach of the Rental Contract;

7. For any Damage caused by the immersion of the Vehicle in water;

8. Any towing, delivery, or repossession charges that the Owner incurs as a result of non-delivery of the vehicle to the Owner’s Premise at the expiry or cancellation of this agreement.

 

6. Default

NOTE: If you cannot pay your Weekly Subscription Fee, get in touch with the Owner immediately. Discuss the matter with us and we will attempt to come to an arrangement.

 

6.1 Default: Where the Subscriber fails to make payment of the Weekly Subscription Fee, fails to make payment of any End of Agreement Payment, or there is a Major Breach of this Agreement:

1. The Owner may terminate this Agreement with immediate effect without prejudice to the other rights of the owner under this agreement or otherwise;

2. The Owner may immobilise and/or collect the Vehicle;

3. The Owner may exercise any powers rights or privileges conferred by law and/or this Agreement;

4. The Owner may perform any one or more of the Subscribers obligations under this Agreement;

5. The Owner may apply any moneys received by the Owner in exercising its rights under this Agreement or for any other reason in and towards full or partial payment of any outstanding Costs.

6. The Subscriber will pay the Owner all costs, expenses and other amounts owing to the Owner in respect of this Agreement including costs resulting from any breach of this Agreement by the Subscriber;

7. Costs resulting from the exercise or purported or attempted exercise or of any of the Owner's rights or powers under this Agreement.

 

6.2. The Owner may exercise their rights under this clause notwithstanding any omission neglect delay or waiver of the right to exercise such option and without liability for loss.

 

6.3. The Owner may exercise their rights some or all of their rights under this clause at their discretion.

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6.4. Repossession: Following Default, the Owner, or an agent of the Owner, may repossess the Vehicle at any time at their sole discretion. The Owner is not required to notify the Subscriber in advance and is authorised to take any actions reasonably necessary to obtain possession of the car, including but not limited to:

1. Remotely disabling the engine;

2. Remotely locking the doors;

3. tracking the location of the car through GPS tracking devices; and/or

4. utilizing for our benefit any other devices connected to the car or affecting the car's operation.

 

6.5. Debt Collection Agency: Default may result in the Owner hiring a debt collection agency. The Subscriber is responsible for all costs the Owner incurs related to this process, including legal costs.

 

7. Guarantor and Authorised Driver Liability

7.1. The Guarantor guarantees to the Owner the due payment by the Subscriber of all money owed as if they were the Subscriber themselves. The Guarantor indemnifies the Owner against all losses, damages, costs and expenses which the Owner may suffer due to any act, omission, or breach of this agreement by the Subscriber.

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7.2. Joint and Several Liability: Where more than one of the Subscriber, Authorised Drivers, or Guarantors who are liable to the Owner, they are liable joint and severally.

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8. Damage Cover

8.1 Damage Cover: Damage Cover is included in the Subscription Charges. Where the Vehicle is in an accident or stolen, subject to the terms of this agreement, we will indemnify the Subscriber for Damage, theft of the Vehicle or Third-Party Loss, however for each Accident or theft the Subscriber must pay up to the Damage Cover amount.

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8.2. Damage Cover Amount: The damage cover amount is dependent on the age of subscriber. If the subscriber is:

1. Over the age of 25, the damage cover amount is $2,500.

2. Between 22 and 25, the damage cover amount is $2,900.

3. Between 20 and 21, the damage cover amount is $3,150.

4. Below the age of 20, the damage cover amount is $3,350.

 

8.3. Damage Cover Exclusions: There is no damage cover for, and the Subscriber remain completely liable for Damage or Third Party Loss arising from a Major Breach of this contract.

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Damage Cover for Subscriber and Associate: There is no Damage Cover for 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:

1. the Subscriber;

2. any relative, friend or associate of the Subscriber.

 

9. Major Breaches

9.1 A Major Breach means a breach of any of the following clauses of this agreement:

1. Claude 1.3, Clause 2 (and subclauses), Clause 3 (and subclauses), Clause 5.1, Clause 5.2 and Clause 5.3   

 

9.2 Taking action or inaction that prevents the Owner from making any Accident claim also constitutes a major breach of the contract.

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9.3 Major Breach Consequences: The subscriber has no Damage Cover in the event of a major breach and is liable for:

1. all Damage, theft of the Vehicle and Third Party Loss; and

2. is liable for, and must pay any additional costs or expenses the Owner incurs as a consequence of the major breach.

 

9.4 Termination and repossession: In the event of a Major Breach, the Owner may terminate this Agreement immediately, without prejudice to any other rights under this Agreement, and may repossess the Vehicle. The Owner may charge and recover from the Renter all reasonable costs incurred as a result of the breach, including:

1. vehicle recovery fee of up to $350.00 if the Renter fails to return the Vehicle and the Owner is required to retrieve it

2. Any third-party agent or towing costs incurred in the repossession of the Vehicle;

3. Administrative fees for internal handling, debt recovery, and enforcement processes;

4. Legal or tribunal application costs, including QCAT filing fees and related expenses.

 

10. Privacy Policy

10.1 The Owner’s Privacy Policy forms part of this Agreement.

 

10.2 By entering into this Agreement the Subscriber acknowledged that they have read and understood the Privacy Policy.

 

10.3 The Subscriber consents to the Owner collecting, using and disclosing their Personal Information in accordance with the Privacy Policy. The Privacy Policy is available on their website www.directcarsqueensland.com.au.

 

11. Additional Terms

11.1 This Agreement constitutes the entire agreement between the Parties. The Subscriber acknowledge that they have read and understood the entire copy of this agreement.

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11.2 The Subscriber also consents to receiving continuing disclosure statements by electronic means.

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11.3 Subscriber agrees to indemnify, defend, and hold harmless the Owner for any loss, damage, or legal actions against Owner as a result of Subscriber's operation or use of the Vehicle during the term of this Car Subscription Agreement. This includes any attorney fees necessarily incurred for these purposes.

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11.4 Disputes:  If a dispute arises relating to this Agreement, the parties agree to negotiate to settle the dispute. The Subscriber must contact Owner at admin@directcarsqueensland.com.au for any comments, complaints or feedback.

 

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Appendix A: Definitions

In this agreement there are a number of terms that occur regularly which have a specific meaning each time they appear, these are outlined below:

Accident means an unintended and unforeseen incident, including:

• a collision between the Vehicle and another vehicle or object;

• a Single Vehicle Accident; or

• a weather event, including hail or storm Damage;

that results in Damage or Third Party Loss.

Authorised Driver means the person identified in the cover page of this agreement.

Damage means any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear, and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Excess means the amount, including GST, up to which the Subscriber must pay the Owner in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.

GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.

Major Breach has the definition given to it in clause 9.1 or 9.2.

Subscriber means the person identified in the cover page of this agreement, for the purposes of clause 2, clause 3, clause 4, and clause 8, it also includes the Authorised Driver.

Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Owner: Means Direct Cars Pty Limited ABN #: 98 681 704 754, or an applicable agent of Direct Cars Pty Limited

Owners Premise: Means any location reasonably appointed by the Owner in the Gold Coast

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Vehicle means the Vehicle identified in the cover page of this agreement and includes its parts, components and accessories, including the GPS unit.

Wear and Tear means the normal deterioration of a vehicle due to everyday use outlined in Appendix B.

 

 

 

Appendix B: Fair Wear and Tear Guide

 

Dents

Fair Wear and Tear includes:

Dents of no more than 20 mm in diameter (excluding bonnets and roofs) where the paint surface has not been broken and there is no paint removal, paint cracking or flaking.

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Fair Wear and Tear excludes:

1. Dents of any diameter on bonnets, roofs, wheel arches, style lines, door sills or door edges;

2. Multiple dents within a specific local area regardless of size; or

3. Any damage affecting or penetrating the paintwork.

 

Stone Chips

Fair Wear and Tear includes:

Isolated stone chips to any panel up to 2 mm in diameter.

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Fair Wear and Tear excludes:

More than 5 stone chips to an isolated area.

 

Scratches

Fair Wear and Tear includes:

1. Light scratches:

   1. not more than 20 mm in length and not more than 1 mm wide;

   2. no paint surface penetration; and

   3. can be polished out.

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Fair Wear and Tear excludes:

Any scratch where the metal, plastic or undercoat is exposed.

 

Bumpers

Fair Wear and Tear includes:

1. Light scuffing or scratches:

   1. where there is no paint penetration;

   2. which are no more than 20 mm in diameter; and

   3. which can be polished out;

2. Isolated stone chips up to 2 mm in diameter.

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Fair Wear and Tear excludes:

1. Any broken paint;

2. Multiple scratches of any size;

3. Dents of 20 mm in length or more in diameter;

4. Any damage to a textured bumper;

5. Multiple stone chips of more than 5 to an isolated area.

 

Wheels, Wheel trims, tyres

Fair Wear and Tear includes:

Light scratches and scuffing up to 20 mm in length.

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Fair Wear and Tear excludes:

1. Wheel trims or hubcaps that are cracked, broken, missing, mismatched or not the original wheel trim or hubcap;

2. Alloy rims for standard vehicles that are cracked, buckled, gouged or mismatched or not the original rim;

3. Alloy rims for prestige and collection vehicles if:

   1. a scuff mark is more than 20 mm in length;

   2. the alloy rim is cracked, buckled or gouged;

   3. iii. the alloy rim is mismatched or not the rim as originally supplied;

4. Tyre tread and sidewall damage so that the tyre is unroadworthy e.g. cuts, bulges, gouges and abrasions, tyre misuse e.g. flat spots and burnouts;

5. replacement tyres that differ from those originally supplied.

 

Windscreen, windows, lamps, and external mirrors

Fair Wear and Tear excludes:

Scratches, chipping, cracks, holes or damage to:

1. the windscreen;

2. windows;

3. lamps;

4. external mirror lens.

as all such damage may affect the roadworthy status of the vehicle and may subsequently worsen over time from the vehicle continuing to be driven.

 

Upholstery, floors, carpets, dashboard, fascia, trim interior and vehicle cleanliness

Fair Wear and Tear includes:

light marks that can be removed by vacuum or general cleaning;

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Fair Wear and Tear excludes:

1. Any permanent damage caused by harsh or corrosive materials;

2. Tears, cuts, scratches, holes or burns;

3. Any damage to the structure, shape, or positioning of the seat;

4. Hair from pets;

5. Excessive soil, mud or sand (other than regular day to day use);

6. Odours or foreign matter;

7. Stains or marks that cannot be removed by general cleaning or require steam cleaning.

 

Keys, accessories and equipment

Fair Wear and Tear includes:

Minor cosmetic damage that does not in any way affect the functionality of the keys, accessories or equipment.

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Fair Wear and Tear excludes:

1. Loss or damage to keys or remotes;

2. Damage caused by incorrect fitting of accessories (snow chains, roof racks);

3. damage to aerials;

4. removal or damage to any item supplied with the vehicle (parcel shelf, tools, spare tyres, wheel trims, hazard triangles, first aid kits, GPS unit).