Rental Agreement Terms and Conditions

The Rental Agreement (“Rental Agreement”) between Keyz Pty Ltd and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”) and is made up of that Rental Document and these Terms and Conditions. In these Terms and Conditions:

“KEYZ ” means Keyz Pty Ltd ABN 25 611 755 634

“Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to KEYZ.

“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You which covers You while You use the Vehicle as a substitute for the vehicle insured under that policy.

“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by KEYZ.

“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.

“Your Consumer Rights” means your rights as a consumer under applicable consumer protection legislation, including the Competition and Consumer Act 2010, which cannot be excluded, restricted or modified by this Rental Agreement.

“Fair Wear and Tear” means wear and tear that is reasonable given the age and or kilometres on Your Vehicle and in accordance with the Australian Fleet Lessors Association (AFLA) Fair Wear and Tear Guide.

“Authorised Driver” refers to an additional driver who is your Spouse or Partner listed in the Rental Agreement and who resides at the same address as You, the person who the rental agreement is with.

DRIVER

1 You agree and acknowledge that:

(a) only You or an Authorised Driver will drive the Vehicle; and

(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive unrestricted for a period of 24 months or longer in Australia; and

(d) You and the Authorised Driver have not had your driver’s licence cancelled, endorsed or suspended within the last three years.

(e) Only You will use the Vehicle for ridesharing or other services using any type of smartphone technology application.

(f) You will not sell, lease, dispose of, grant (or permit to arise) a security interest (as defined in the Personal Property Securities Act 2009), or other encumbrances over, or part with possession of the Vehicle.

(g) At the commencement of driving for the day, You must perform a thorough daily inspection of the vehicle and notify Keyz of any safety related issues with the vehicle.

WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE

2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.

2.2 You and any Authorised Driver must not, unless authorised in writing by KEYZ, drive or take the Vehicle:

(a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island.

(b) outside of a 150km radius from any Australian capital city Central Business District unless on a continuous paid Uber or other ridesharing trip with a passenger from the city location

USE OF THE VEHICLE

3.1 You and any Authorised Driver must:

(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind (noting Uber or other ridesharing app use is permitted);

(b) the Authorised Driver, if applicable, must only use the vehicle for personal use.

(d) not 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.

(e) not 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.

(f) not use the Vehicle when it is damaged or unsafe.

(g) not use the Vehicle to 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 KEYZ’s recommendations.

(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed; and

(i) not use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances.

(j) not contravene any law or legislation in relation to vehicular traffic (noting Uber app use is permitted).

3.2 You must pay for all parking and traffic infringements in respect of the Vehicle during the Rental Period including infringements and tolls received by us after the expiry of the Rental Period which were incurred by you or the Authorised Driver during the Rental Period.

3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle (except a guide dog or other assistance animal that is medically required and permitted by local law).

3.4 You and any Authorised Driver or any passenger must not smoke in the Vehicle.

3.5 You and any Authorised Driver must not drive the Vehicle if KEYZ has so directed You.

MAINTENANCE, SECURITY AND SAFETY

4.1 You and any Authorised Driver must:

(a) ensure all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual which will be provided on request. In the event the vehicle requires additional engine oil or coolant, the relevant Roadside Assistance provider must be contacted. This telephone number is located on the top right corner of the windscreen.

(b) maintain tyre pressures to the manufacturer’s specifications. Charges may apply for premature tyre wear.

(d) comply with any applicable seat belt and child restraint laws.

4.2 You must not have repairs to the Vehicle carried out unless KEYZ authorises You to do so. KEYZ requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist KEYZ. KEYZ 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 KEYZ cannot verify the cost of repairs, KEYZ will not reimburse You.

4.3 You and KEYZ acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.

LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY

5.1 Subject to this clause 5, You or an Authorised Driver are liable:

(a) for the loss of, and all damage to, the Vehicle; and

(b) for all damage to the property of any person:

(i) which is caused or contributed to by You or an Authorised Driver; or

(ii) which arises from the use of the Vehicle by You or an Authorised Driver.

This clause 5 does not apply to any damage or loss for which KEYZ is liable to You or an Authorised Driver under this Rental Agreement.

Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1).

5.2 Subject to clause 5.3, if:

(a) You pay the damage liability shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver, KEYZ:

(b) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle; and

(c) that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.

5.3 You must always pay, and clause 5.2 does not cover:

(a) the damage liability shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party; (b) the cost of rectifying any tyre damage not attributable to Normal Wear and Tear.

(i) You; or

(ii) any other driver of the Vehicle; or

If the amount determined by KEYZ and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, KEYZ will refund the difference to You.

(iii) any passenger carried during the Rental Period unless such damage is compensated fully by the responsible passenger within a reasonable timeframe; (d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the vehicle to be used, in any area prohibited by the Rental Agreement; (e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or (f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.

5.4 For the purposes of this clause 5, the amount You must pay for any damage or repair that may be reasonably determined by KEYZ and includes: (a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser; (b) appraisal fees; (c) towing, storage and recovery costs; (d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and (e) a per day loss of use fee based on the estimated downtime of the Vehicle. The cost would be calculated as a daily rate derived from the weekly rental amount. 5.5 Single vehicle accidents will be considered driving without due care and these incidents will not be covered by the reduced excess liability. Repair costs up to the full $3000 excess liability will apply. Should repair costs exceed this amount, the full $3000 excess liability will be charged.

RETURN OF VEHICLE

6.1 Unless authorised by KEYZ in writing, You must return the Vehicle to KEYZ:

(a) to the place, on the date and by the time shown on the Rental Document.

(b) in the same condition as it was at the commencement of the Rental Period including all manuals and spare keys (if supplied), Fair Wear and Tear excepted; and

6.2 You must return the Vehicle to a KEYZ location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.

6.3 If, unless authorised by KEYZ in writing:

(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or

(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the KEYZ standard rate for the Vehicle for the Rental Period.

6.4 KEYZ may request the immediate return of the Vehicle, or KEYZ may re-take the Vehicle without notice, if KEYZ reasonably suspects that:

(a) You have breached a term or condition of the Rental Agreement.

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

(d) the Vehicle may be used for an unlawful purpose.

You must also pay KEYZ any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.

6.5 KEYZ reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.

CLAIMS AND PROCEEDINGS

7.0 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third-party property, You and/or any Authorised Driver must:

(a) promptly report such incident to the local police.

(b) report such incident in writing to KEYZ within 24 hours of such incident.

(c) not, without KEYZ’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.

(d) permit KEYZ or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name.

(e) permit or ensure that KEYZ may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, KEYZ in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to KEYZ.

(f) complete and furnish to KEYZ within a reasonable time any statement, information or assistance which KEYZ or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

PAYMENT

8.1 During the Rental Period, You must pay KEYZ on demand by Direct Debit or Credit/Debit card:

(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement.

(b) any amount paid or payable by KEYZ or You to any person arising out of Your use of the Vehicle or imposed on You or KEYZ by any governmental or other competent authority (such as toll charges and speeding, parking, and traffic fines); and

(c) any amount for which You are liable to KEYZ under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.

(d) Keyz reserves the right to adjust the pricing of any rental vehicle during the rental period with prior notification to You.

8.2 The minimum charge You must pay for the rental of the Vehicle for Rideshare purposes (standard rental is exempt) is an amount equivalent to:

a) Four (4) weeks rental at the rate shown on the Rental Document (subject to clause 6.4).

8.3 In the event payment is not received under section 8.1, You authorise KEYZ to charge all moneys payable to KEYZ under the Rental Agreement to Your credit card as specified in the Rental Agreement.

8.4 KEYZ will pay any refund due to You by such method as KEYZ may reasonably choose.

8.5 Any monies collected for bond will be returned to the renter within 10 business days, less any amounts owing for damage, arrears, or any other amounts owed to Keyz.

8.6 You authorise KEYZ to charge Your credit/debit card as specified in the Rental Agreement for any fees and costs incurred by KEYZ arising in the event of non -payment

8.7 A processing fee of $20 per manual payment made over the phone, a processing fee of $20 per toll notice and $30 per infringement notice will be charged to You.

8.8 A fee of $150 will be charged to You for each missed service.

8.9 A fee of $200 per day will be charged for unauthorized travel outside of the 150km radius from the Capital city of your State.

8.10 A fee of $500 will be charged for the cost of odour extraction due to smoking or $300 for the vehicle being in an unsuitable state for rental due to pet hair present or excessive amounts of sand.

8.11 A fee of $500 will be charged for a lost or damaged key.

8.12 A fee of $500 will be charged if the vehicle is repossessed by Keyz.

8.13 Other fees may be charged as required to return the vehicle to the same condition as when You entered into the Rental Agreement with Keyz.

8.14 Proof of $5000 in a savings account in Your name must be provided by You in order to select a $3000 insurance excess.

8.15 Numberplate frames are NEVER to be removed or modified. A fee of $50 will be charged in EVERY instance your rental car is observed with modified or missing numberplate frames.

LIABILITY OF KEYZ

9.1 No exclusion or limitation: To the extent that You acquire goods or services from KEYZ as a Consumer, You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in this clause 9 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:

(a) contravene that statute; or

(b) cause any term of this Agreement to be void, (Non-excludable Obligation).

9.2 Exclusion of implied obligations Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on KEYZ are expressly excluded under this Agreement.

9.3 Limitation of liability

(a) Except in relation to Non-excludable Obligations, KEYZ’s liability to You arising directly or indirectly under or in connection with this Agreement or the performance or non-performance of this Agreement and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:

(i) KEYZ will have no liability whatsoever to You or the Authorised Driver for any loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage or loss of data); and

(ii) the aggregate of KEYZ ’s liability to You is otherwise limited to an amount not exceeding the amount paid by You to rent the Vehicle and as such You and the Authorised Driver indemnify KEYZ and its employees and agents against all claims, demands and expenses incurred or sustained by You or the Authorised Driver by reason of Your or the Authorised Drivers use and possession of the Vehicle.

(b) In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which KEYZ’s liability is not so limited under this Agreement), KEYZ’s liability to You for a failure to comply with any Non-excludable Obligation is limited to:

(i) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and

(ii) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

TERMINATION

10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.

10.2 You may terminate the non-rideshare Rental Agreement at any time for any other reason.

10.3 If You terminate the rideshare specific Rental Agreement after the initial mandatory four (4) weeks rental, You must give two (3) days written notice to KEYZ advising early termination of the Rental Agreement.

10.4 If the rideshare specific Rental Agreement is terminated early for any reason other than a breach by KEYZ, You agree to pay rental charges for the duration of the three (3) days’ notice period.

10.5 If the rideshare specific Rental Agreement is terminated in the initial mandatory four (4) week rental period, You agree to pay the remaining rental charges up to the minimum four (4) week rental period.

BREACH OF CONTRACT

11.1 In the case of a breach or breaches in the conditions set out herein, Keyz may notify Uber or your Ridesharing Provider and inform other rental car companies of the circumstances regarding the breach or breaches of your rideshare Keyz Rental agreement.

GENERAL

12.1 Keyz reserves the right to rotate your vehicle with another vehicle at any time. However, Keyz cannot guarantee a replacement vehicle will be available.

12.2 Keyz may request you present your rented vehicle to the office where it was rented for an inspection at any time.