Additional Rates and Fees
In addition to the rates specified above, you agree to pay the following additional rates and fees should they be applicable. A full list of applicable fees and charges can be viewed at https://ecarsubscription.com.au/fees-and-charges-guide
Tolls - A toll processing fee applies where subscription customer has incurred a toll fee for your subscribed vehicle during your subscription period. The toll processing fee includes the toll fee, a number plate recognition fee and an administration fee of $2.50 per toll.
Additional Kilometre Usage - Depending on your selected package, there will be an extra charge for additional kilometres (between $0.30 and $0.40/kilometre), calculated in arrears based on the weekly kilometre limit of the chosen subscription plan and itemised on the next invoice. Usage is calculated using GPS data and may not reflect the vehicle odometer. Kilometre limit applies as per the chosen billing cycle. Kilometre limit is smoothed for the duration of the billing cycle. Any unused kilometres within a Billing Cycle period are forfeited.
Late Payment Fee - A late fee of $25.00 is applied when an invoice becomes more than 7 days overdue.
Infringement Notice Fee - An infringement notice fee of $50.00 will be incurred for each infringement notice processed.
Credit or Debit Card Transaction Fee - A 2.00% transaction fee will appear itemised on each invoice when the default payment method is a credit or debit card. No transaction fees apply for bank direct debit.
Payment Dispute Fee - If you initiate a chargeback which is subsequently shown to be unfounded a $50.00 administration fee is applicable 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.
Swap Fee - A $100.00 swap fee applies if you choose to swap your subscription vehicle where you are otherwise not entitled to a free swap as per your subscription details above.
- 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.
- 2.2 Loopit acts as the non-exclusive agent of us to receive payments which may be due by you to us under the terms of this Agreement.
- 2.3 You must provide us with basic information and confirm your eligibility by answering questions about your driver's license and driving history, including the mandatory information required by clause 3 of these Terms and Conditions. The information supplied by you will be provided to:
- Frankie Financial (www.frankieone.com) for the purpose of performing an identity check;
- Experian (www.experian.com.au) for the purpose of a credit check; and
- Loopit (www.Loopit.co) for the purpose of managing ongoing subscription payments and account related information.
- 2.4 If your identity check fails, you will be unable to proceed, but if it is confirmed, your registration application will be instantly approved, manually approved or declined.
- 2.5 If a manual approval is required you must provide Loopit or us with further information as they reasonably require, includingbut not limited to bank statements, utility bills and pay slips.
- 2.6 When your Subscription is approved you may be required to pay an Establishment Fee and sign the Agreement as confirmation that you have read and agree to be bound by these Terms and Conditions.
- 2.7 Your Subscription is considered active only when you collect the Vehicle from us. It is your responsibility to collect the Vehicle as soon as possible after your Subscription Application has been approved and after you have made a booking in accordance with clause 6. we reserve the right to:
- decline to activate your Subscription; and/or
- deal with the Vehicle in any manner and in its absolute discretion,
- at any time before you collect the Vehicle.
- 2.8 You warrant and agree that:
- 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
- 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.
SUBSCRIPTION REGISTRATION REQUIREMENTS
- 3.1 To qualify for a Subscription you must meet all of the following requirements:
- be at least 21 years of age;
- have no less than 12 months driving experience;
- hold a valid licence to drive the Vehicle which is:
- issued in an Australian state or territory or an international license (with a valid International Driving Permit or an approved translation into English if your license is not issued in English);
- appropriate for the class of the Vehicle; and
- not subject to any restriction or condition.
- d. your license must not have been cancelled or suspended within the last 3 years;
- e. you have not been convicted of any criminal, drink or drug driving charges in the last 5 years;
- f. you have not made two or more motor insurance claims in the last 3 years;
- g. you must not be bankrupt or have been bankrupt at any point within the last seven (7) years
- h. you must provide Loopit and/or us with any documents they reasonably request, including but not limited to photo identification, proof of address and photocopies of your driver's license or credit or debit cards; and
- i. you must provide Loopit with an acceptable valid bank account from which to direct debit any fees and assigned direct debit authority.
- 3.2 You must immediately notify us of any:
- changes to Your contact details including Your phone number, address or email address;
- changes to Your nominated credit or debit card;
- suspensions or cancellations of Your Driver's Licence; or
- changes to Your nominated bank account for the direct debit authority.
- 3.3 You consent to Loopit and us communicating with you electronically via your nominated email address (including by giving you any notice under this Agreement) and:
- you acknowledge and understand the risks associated with sending or receiving personal information via email;
- you agree to check your nominated email address regularly and that any notice or document we send to you by electronic communications will be deemed to have been received by you; and
- 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.
VEHICLE SUBSCRIPTION PLANS
- 5.1 If your application is accepted by us, we may offer you Subscription Plan based on your requirements (recorded in the Subscription Details) and our assessment of your service eligibility.
- 5.2 Your Subscription Plan may include a minimum time period 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 at any time and if we do so, we will give you a minimum of 30 days prior notice of the variation.
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. If you fail to sign the Vehicle Condition Report it is a breach of this Agreement.
- 8.2 Before you take possession of the Vehicle:
- you must inspect the Vehicle;
- you must ensure that any pre-existing damage is noted and shown in the Vehicle Condition Report; and
- you must sign the Vehicle Condition Report.
- 8.3 You will be prejudiced in your ability to dispute whether any Damage occurred during the Booking Period if you do not comply with the terms of this clause.
- 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.
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:
- you and the Authorised Driver are excluded from any entitlement to Damage Cover indemnity; and
- 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:
- 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;
- recklessly or dangerously; or
- whilst the Vehicle is damaged or unsafe.
- 9.3 You and any Authorised Driver must not:
- fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
- allow the vehicle to be driven by a provisional or probationary licence holder or learner driver
- use the Vehicle:
- for any illegal purpose;
- to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- to propel or tow another vehicle or a trailer;
- to carry illegal drugs or substances;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
- in an unsafe or un-roadworthy condition.
- 9.4 You and any Authorised Driver must not:
- damage the Vehicle deliberately or recklessly or allow anyone else to do so;
- modify the Vehicle in any way;
- sell, rent, lease or dispose of the Vehicle; or
- register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
- 9.5 You and any Authorised Driver must not use the Vehicle to carry:
- passengers for hire, fare or reward or for rideshare purposes;
- more than the number of passengers for which the Vehicle is licensed; or
- 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:
- use the Vehicle to transport any pets or animals except assistance animals; or
- smoke in the Vehicle and You must prevent any passenger from doing so.
- 9.7 Parts of Australia are not suitable for access by rental vehicles. To prevent damage to the Vehicle and for your own personal safety we strictly enforce conditions that restrict your use of the Vehicle and unless We have given our prior written consent, you must never take the Vehicle:
- On any Unsealed Road;
- Above the Snow Line;
- Off Road;
- Between mainland Australia and Tasmania in either direction, or into or out of the Northern Territory or Western Australia;
- Onto any island with the exception of:
- Kangaroo Island;
- Stradbroke Island;
- Magnetic Island;
- Bribie Island;
- Phillip Island;
- Bruny Island;
- f. Through any river, stream, creek or tidal crossing;
- g. Through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe;
- h. On any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;
- i. Onto any road where We have notified You that the use of the Vehicle is prohibited;
- j. In Queensland
- North of Chillagoe or west of Georgetown;
- North of Cooktown or Laura;
- On the Burke Development Road;
- North of Maggieville;
- On Unsealed Roads north and west of Mt Isa;
- On the Bloomfield track; or
- On the Savannah Way
- 9.8 The Vehicle must not be used in any area that is prohibited by us. Prohibited areas include:
- roads that are prone to flooding or are flooded;
- beaches, streams, rivers, creeks, dams and floodwaters;
- any road where the police or an authority has issued a warning;
- any road that is closed; and
- any road where it would be unsafe to drive the Vehicle.
- 9.9 The Vehicle must never be driven or used:
- outside the state or territory in which the Vehicle was delivered to you; or
- onto any island that is off mainland Australia,
- 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.
- 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:
- preventing it from being damaged;
- making sure that it is protected from the weather;
- maintaining the engine and brake oils and coolant level and tyre pressures;
- using the correct fuel type; and
- 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.
MAINTENANCE AND REPAIRS
- 10.1 You must notify us when the Vehicle is due for a service and as directed by us you must arrange (within a reasonable timeframe) 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.
- 10.2 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 Where 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 the sole discretion of us. A courtesy or replacement Vehicle (if offered to you) may be collected by you from us in accordance with clause 8.
- 10.4 You and any Authorised Driver must notify us immediately (using contact details available on our website https://ecarsubsciption.com.au/contact-us, if:
- a warning light is activated or a fault message appears in the Vehicle;
- you see or become aware of low engine or brake oils, or engine coolant levels;
- the Vehicle develops any fault during the Subscription Period; or
- 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 anyrepairs, towing or salvage.
- 10.7 Reimbursement of expenses under clause 10.4 will only be paid to you if:
- those expenses have been authorised by us;
- you produce to us the original tax invoices and receipts for any repairs, towing or salvage;
- you have not committed a Major Breach of the Agreement; and
- 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 towor salvage operator.
- 10.9 Except for the items which have been authorised by us in accordance with clause 10.4, 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).
DAMAGE COVER EXCLUSIONS
- 13.1 There is no Damage Cover and You and any Authorised Driver are liable for:
- Damage or Third Party Loss arising from:
- a Major Breach of the Agreement; or
- 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:
- 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
- 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:
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:
- report the Accident or theft to us in writing via email within 24 hours of it occurring; and
- 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:
- any person is injured;
- the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
- 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:
- exchange names and addresses, telephone numbers and email addresses with the other driver;
- take the registration numbers of all vehicles involved;
- take as many photos as is reasonable showing:
- the position of the Vehicles before they are moved for towing or salvage;
- the Damage to the Vehicle;
- the damage to any third party vehicle or property; and
- 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:
- make any admission of fault;
- promise to pay the other party's claim; or
- 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:
- Our lawyer's office; or
- 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:
- you pay the Damage Excess; or
- the Damage has been repaired; or
- 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.
REPOSSESSION OF THE VEHICLE
- 18.1 If this Agreement or your Subscription Plan is terminated by us under clause 4.5 then 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 will be liable for the cost of repossession, any costs to make good any Damage to the Vehicle on collection, and any unpaid or overdue Subscription Charges and other fees imposed.
- 18.2 Notwithstanding clause 4.5, we, its agents, contractors or representatives may immediately terminate this Agreement and repossess the Vehicle without notice to you if:
- you have illegally parked the Vehicle for longer than 24 hours;
- you have disconnected, damaged, or removed the GPS unit from the Vehicle;
- you have committed a reckless breach of applicable road and traffic laws;
- the Vehicle is apparently abandoned; or
- payments due from you to us are in arrears for two consecutive Billing Cycles and are not received within 3 days ofbeing demanded in writing by us;
- 18.3 If this Agreement or your Subscription Plan is terminated by you under clause 4.3 then you must return the Vehicle on expiry of the notice period. If the Vehicle is not returned, we may immediately repossess the Vehicle without further notice to you.
- 18.4 If we, or any of its 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 its agents, contractors or representatives in repossessing the Vehicle and/or recovering any payments in arrears from you (including towing costs).
CONSEQUENCES OF A MAJOR BREACH OF THE AGREEMENT
- 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 and will be personally liable for all Damage, theft of the Vehicle and Third Party Loss; and
- acting reasonably, we may terminate the Agreement and take immediate possession of the Vehicle; and
- you will be responsible for any costs or expenses or any other liabilities arising from the breach; and
- you will incur a penalty fee equivalent to 21 days Subscription Charges.