Popcar Terms and Conditions of Membership and Vehicle Use
This Agreement is between:
Intermotive Solutions Pty Ltd t/a Popcar ABN 43 602 154 763 (“Popcar”)
The Member (“You”)
PURPOSE OF THIS AGREEMENT
This Agreement governs the relationship between Popcar and You and is strictly not transferrable. Popcar intends to make motor vehicles available to You for hire in accordance with this Agreement.
APPLYING FOR MEMBERSHIP
- Applications for membership are submitted via the online application form on popcar.com.au (“Popcar Website”).
- By applying to become a Member, You agree that You meet all Eligibility Requirements set out in clause 3.
- You agree that You will inform Popcar if You do not meet any of the Eligibility Requirements set out in clause 3 when applying for membership, or if membership is granted, at any time while You are a member.
- Popcar reserves the right to verify the information that You have provided and it may, at its sole discretion, accept or deny any membership application, or revoke a membership at any time.
- You warrant that all information provided by You to Popcar is true and correct to the best of your knowledge.
- To become a Member and to continue to be a Member, the following criteria must be met (“Eligibility Requirements”). You must:
- Be at least 18 years old;
- Hold a valid and unrestricted driver license which legally entitles you to drive a motor vehicle in Australia;
- Have no license suspensions, license disqualifications or driving convictions in the past five (5) years;
- Have no existing medical condition/s that are known to You that may prevent the safe operation of any Popcar vehicle (“Vehicle”); and
- Hold a valid credit card or debit card in Australia.
- You agree that if You no longer meet all Eligibility Requirements, You will notify Popcar immediately and cease using all Vehicles from that time until all Eligibility Requirements are re-established.
- If You use a Vehicle at such time as you fail to meet all Eligibility Requirements, You understand and acknowledge that whilst the Vehicle is being used by You and/or in your care or control, You will not be covered by any insurance provided by Popcar and agree that You will be liable for any damage to property, injury to persons or other loss suffered while using the Vehicle, whether or not it is caused by You, due to an incident involving the Vehicle.
USE OF THE VEHICLE
- All Popcar members that meet the Eligiblity Requirements may use a Vehicle in accordance with the terms of this Agreement.
- In order to use a Vehicle, You must make a booking on the Popcar Website prior to using that Vehicle. You must not attempt to access a Vehicle without a confirmed booking for that Vehicle. A booking is confirmed once it is shown in your online account on the Popcar Website or application.
- A booking may be amended or cancelled up to three (3) hours before the commencement of your booking. After this time, You will be charged the standard fees in accordance with clause 7.
- You will have the exclusive use of a Vehicle for a maximum of the time period it was booked by You (“Booking Period”) and in accordance with the terms of this agreement. At the end of the Booking Period, You must return the Vehicle to its designated location, being the parking space from where the Vehicle was collected at the commencement of the Booking Period (“Designated Location”). If you do not return the Vehicle to the Designated Location before the expiration of the Booking Period, your Booking Period will automatically continue until the Vehicle is returned to its Designated Location and a late return fee will be incurred (see Charges and Fees).
- You will, at all times prior to using a Vehicle, inspect the Vehicle for any damage. If there is existing damage, You will notify Popcar of all damage immediately by emailing email@example.com (“Notice of Damage”). You will be responsible for any damage on the Vehicle that is not reported in the Notice of Damage unless it has been previously reported to Popcar by another member.
- You will only access a Vehicle via your Membership Access Card unless otherwise permitted by Popcar. If You would like immediate access to a Vehicle after becoming a Member (before receiving a Membership Access Card) You should contact Popcar.
- At the end of the Booking Period, after the car is returned to its Designated Location You must ensure that all lights and accessories are switched off, and that the Vehicle is locked using your Membership Access Card.
- You acknowledge that, at all times during the Booking Period, you take full responsibility for the care of the Vehicle and for the actions of other passengers travelling in the Vehicle with You.
- You must not:
- Smoke in the Vehicle;
- Allow the Vehicle to be driven by another person unless that person is a member of Popcar and meets all Eligibility Requirements;
- Use the Vehicle while the driver is under the influence of alcohol, drugs or any other substance that may impair their ability to operate a Vehicle safely;
- Use the Vehicle for commercial purposes to transport either people or goods in exchange for a fee;
- Use the Vehicle in any way that is reckless, likely to cause damage or in a manner that was not intended as per the manufacturer’s guidelines;
- Use the Vehicle to push or tow in any manner unless Popcar has consented to this use and provided the necessary equipment to use the Vehicle in this manner;
- Use the Vehicle for, or in connection with, any illegal activity or in a way that contravenes that traffic rules and regulations of the state in which the Vehicle is being used;
- Remove any items from the Vehicle, including but not limited to an E-Tag, Popcar Fuel Card or any other parts or accessories of the Vehicle;
- Use the vehicle if you fail to meet any of the Eligibility Requirements listed in clause 3.1; or
- Represent to anyone that the Vehicle is owned by You or anyone other than Popcar.
- You agree to be liable for all claims, damages or loss caused that are in breach of any law or regulation or clauses contained within this Agreement.
- You are responsible for any infringement notice incurred with a third party in relation to an infringement by your Vehicle within your Booking Period, including but not limited to fines and loss of demerit points. Popcar will provide the relevant authority with a statutory declaration to transfer the responsibility of the infringement notice to You, and You authorise Popcar to provide the relevant authority with any personal information required to effect the transfer.
- You will be liable for any toll charges and toll notices incurred during your Booking Period. Any toll charges incurred during your Booking Period will be automatically transferred to your Popcar account and charged to your credit card.
- You are responsible for any personal property that You take into the Vehicle (“Personal Property”) at all times. Popcar takes no responsibility for any damage or loss to Personal Property, including Personal Property which You leave in the Vehicle at the expiration of your Booking Period.
- In the event of an insurance claim during your Booking Period, You agree that You will be liable for the insurance excress, if any, in respect of the claim unless you have elected to reduce or eliminate your liability for the excess through your membership subscription.
CHARGES, FEES AND OTHER MONIES PAYABLE TO POPCAR
- You agree to pay Popcar all charges and fees as per the selected membership subscription, including but not limited to:
- Membership fees which are payable monthly or annually depending on the chosen membership;
- Usage fees which are charged hourly and per kilometre;
- All fees, charges or penalties which are incurred with a third party while You use a Vehicle, such as toll notices and fines;
- Any products or services purchased on the Popcar Website; and
- other monies for which You are liable to pay Popcar as provided for in this Agreement.
- You authorise Popcar to charge your credit card all charges, fees and other monies due and payable under this Agreement as they are incurred by You to Popcar.
- In addition to the charges, fees and other monies payable to Popcar in clause 6.1, Popcar reserves the right to charge the following fees to your membership account at the rates specified on the Popcar Website in the following circumstances:
- A late return fee if the Vehicle is not returned to the Designated Location by the time and date specified in the booking made by You. Popcar will also charge the applicable fees outlined in clause 6.1 until the Vehicle is returned;
- A cleaning fee if the Vehicle is returned in a condition that is deemed unacceptable by Popcar;
- A fuelling fee if the Vehicle is returned with a fuel level reading of less than one quarter (¼) of a tank;
- An administration fee if Popcar receives an infringement notice or other penalty or fine from a third party incurred by You during your Booking Period (not including toll notices); and
- A damages fee if a Vehicle is damaged when it is returned, other than damage that You previously reported to Popcar prior to using the Vehicle. This fee will not be higher than the insurance excess amount stipulated in the membership plan purchased by You.
- The fees charged by Popcar will be at the rates displayed on the Popcar Website at the time the fee is incurred.
- Popcar reserves the right to amend its fees at any time. Popcar will notify You via email 24 hours prior to any fee being changed.
- When You return the Vehicle to its designated place at the end of the Booking Period, you must ensure that the Vehicle’s fuel level reading is greater than one quarter (¼) of a tank.
- If the Vehicle’s fuel level reading is less than one quarter (¼) of a tank, you will incur a fuelling fee.
- Each Vehicle will contain a unique fuel card (“Popcar Fuel Card”) which You may only use to purchase fuel for that Vehicle (“Authorised Purchase”) and not for any other purpose.
- You must not disclose the PIN that is provided for use with the Popcar Fuel Card to any third party.
- Popcar will be responsible for all Authorised Purchases made on the Popcar Fuel Card.
- You will be responsible for any payments made on the Popcar Fuel Card other than an Authorised Purchased.
- You will be responsible for ensuring that a Popcar Vehicle has sufficient fuel and Popcar takes no responsibility for any inconvenience, damage or liability suffered if a Popcar Vehicle runs out of fuel.
- IMPORTANT: You must ensure that the correct type of fuel is used to fill up the Vehicle as directed on the fuel cap of that Vehicle. You will be fully liable for the costs of any damage caused to the Vehicle due to the incorrect fuel type being used for that Vehicle.
ACCIDENTS, THEFT AND BREAKDOWNS
- If You are involved in a motor vehicle accident or experience theft from the time your Booking Period commences until the time You return the Vehicle to the Designated Location, You must report the incident to the local police immediately and obtain a police reported incident number.
- You must provide all details of any such incident referred to in clause 7.1 to Popcar as soon as reasonably possible.
- You must cooperate with Popcar in its efforts to resolve any incidents, claims or disputes with third parties, including communicating with the police and insurance companies as required.
- If your Vehicle breaks down, is unable to be driven or experiences any kind of mechanical fault which may make it unsafe to drive, You must stop driving the Vehicle as soon as practicable and contact Accident Assistance (as displayed on www.popcar.com.au). You must wait with the Vehicle until either Accident Assistance arrives and attends the Vehicle, or the Vehicle is towed as directed by Popcar or Accident Assistance. You may only recommence driving the Vehicle if directed to do so by Accident Assistance or Popcar.
TERM AND TERMINATION
- This Agreement shall continue until it is terminated by either party in accordance with this clause.
- Popcar may terminate this Agreement with You, or suspend your membership for a specified time, with immediate effect if You:
- Fail to comply with any term of this Agreement; or
- Fail to make a payment that is due under this Agreement within seven (7) days of receiving written notice of that payment default.
- Popcar may terminate this Agreement with You for any reason by giving You thirty (30) days written notice.
- You may terminate this Agreement with Popcar at any time by notice in writing to take effect at the end of the month in which notice was given. Any monies prepaid in advance are non-refundable.
- Termination of this Agreement does not affect any accrued rights or liabilities up to (and including) the date of termination.
You indemnify and keep indemnified Popcar against all claims, actions, proceedings, losses, liability, costs or expenses in respect of or arising from your hire of the Vehicle.
CHANGES TO THIS AGREEMENT
Other than herein provided, Popcar reserves the right to change any terms of this Agreement with 28 days prior notice to you which will be communicated either in writing or electronically to You prior to taking effect.
You are not entitled to assign or transfer any of its rights or obligations under this Agreement.
Popcar is committed to respecting and protecting the privacy of individuals who deal with us in accordance with the Australian Privacy Principles.
A reference to You in this Agreement includes your executors, administrators, successors and assigns.
This Agreement is governed by and shall be interpreted according to the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that State.