Oyo Car Share gives you access to Vehicles which you can use by the hour or day in accordance with the terms of this Agreement.
Oyo Car Share Vehicles are provided by, and you are contracting with Toyota Finance Australia Limited (ABN 48 002 435 181) (“Oyo”, “we” or “us”). This Agreement governs your application for Membership, your Membership, your Bookings, use of the Website and the Oyo App.
This Agreement will operate for a term of 1 month (Initial Term). After the expiry of the Initial Term, this Agreement will continue to roll over on the same 1 month term (Subsequent Terms) until terminated in accordance with this Agreement.
In order to use Oyo Car Share Vehicles you must be a Member.
To become and remain a Member, you must at the commencement of the Initial Term and there after throughout the Initial Term and during the period of any Subsequent Term:
be at least 18 years old;
have a valid full or provisional Australian or international driver’s licence with licence type of ‘car’;
have at least 2 years driving experience;
have a valid Payment card in your name or a Payment card approved for use by Oyo;
have a valid Payment card in your name or a Payment card approved for use by Oyo;
have not had an application for, or contract of, motor insurance refused, declined or cancelled in the last 3 years;
have not had your driver’s licence or permit suspended, cancelled, restricted or endorsed with special conditions in the last 3 years;
have not been convicted of, or had any fines imposed, for criminal activity in the last 3 years;
have not had more than 2 motor vehicle claims where you have had to pay an excess in the last 3 years;
provide consent to enable us to verify your identity using the Document Verification Service (DVS) or other third party systems;
provide us with any information Oyo reasonably requests including but not limited to photo identification, proof of address and photocopies of your driver’s licence; and
accept the terms of this Agreement.
If for any reason you fail to continue to satisfy 2.1 (b) at any time during the Initial Term or any Subsequent Term, you must notify us immediately.
You agree that your failure to satisfy 2.1 (b) at any time during the Initial Term or Subsequent Term will mean that you will no longer be a Member.
You consent to Oyo checking your personal information with the document issuer or official record holder via third party systems for the purpose of confirming your identity in relation to joining Oyo Car Share.
You agree that we may store your nominated Payment card information with a third party provider of payment gateway services.
You agree that we may debit your nominated Payment Card for all fees and charges incurred in relation to the use of Oyo Car Share services during the term of your Membership.
You authorise us to take a $1 pre-authorisation to check the validity of your Payment Card.
We reserve the right to refuse Membership at our discretion and we are not required to give you reasons if we refuse your Membership application.
We may request further information and documentation from you at any time during the term of your Membership.
In order to be an Oyo Member, and at all times while driving the Vehicle, you must:
accept the terms of this Agreement;
always hold a valid driver’s licence;
comply with all laws, including all traffic regulations and licensing requirements;
drive the Vehicle in a safe and careful manner;
ensure that the Vehicle is locked, windows are up, boot is closed and sun roof closed at any time that you are not inside the Vehicle;
take all reasonable steps to prevent yourMembership from being used to access Oyo Car Share in an unauthorised manner;
not allow anyone else to drive the Vehicle; and
give us notice if any of your details have changed, including your contact details, nominated credit card, licence conditions or any matters set out in clause 2.1(b).
You agree to pay the applicable Membership Fee in accordance with your Membership Tier which is charged in advance and payable monthly.
The Membership Fee will be displayed on the Website and it is your responsibility to ensure that you are aware of and accept the Membership Fee prior to each roll over to a Subsequent Term.
Oyo may vary the Membership Fee from time to time, and where there is an increase in fee, Oyo will give you not less than 1 months’ notice.
Where we increase the Membership Fee in accordance with clause 4.1(c), you will be entitled to terminate this Agreement by providing written notice to us no later than 14 days before the change is due to take effect
You agree to pay the Booking Fee applicable to your Booking, as set out on the Oyo App and amended by us from time to time.
The Booking Fee is charged in accordance with the hourly or daily fee applicable to the Membership Tier, together with a charge per kilometre that the Vehicle is driven by the Member.
The Booking Fees will be displayed on the Oyo App and the total Booking Fee will be calculated at the end of the Booking.
You agree that we may, from time to time, require for payment of the Booking Fees up-front, prior to the commencement of your Booking. If payment is not made when requested, then we are under no obligation to allow your Booking to proceed.
The Booking Fee is payable on all Bookings made that are not cancelled, irrespective of whether the Vehicle was used or not.
If you have selected any Extras as part of theBooking, these will be charged separately at the end of the Booking.
You agree to pay any fees and charges incurred by your use of the Vehicle, including but not limited to tolls, traffic infringements, parking costs, towing fees, storage fees, legal costs and court fees.
If a speeding, parking or other traffic infringement notice is issued for the Vehicle while the Vehicle is in your possession, the infringement notice will be processed and re-issued in your name by us. You will be liable for any fees and charges associated with the infringement, including our reasonable administration fees for processing and re-issuing the notice.
If you do not return the car in the same clean condition that you found it, you agree to pay the cleaning fees asset out in the Fee Schedule.
If you misuse, abuse or neglect the Vehicle, you will be required to pay for any repairs, maintenance or service fees incurred by Oyo (including any inspection or repair).
If you do not return the Vehicle at the required time, as set out in your Booking confirmation email, you agree that you may be charged:
Booking Fees for the time that the Vehicle remains in your possession;
a late return fee, as set out in the Fee Schedule, unless you notify us and your Booking can be extended. You may not be able to extend your Booking if the Vehicle has been booked by another Member;
administration fees as reasonably incurred by Oyo as a result of contacting you or assisting other Members with finding replacement Vehicles; and
any fees payable as a result of Oyo having to recover the Vehicle, including but not limited to, legal costs, court costs, police costs, debt recovery costs, parking costs and retrieval costs of the Vehicle and replacement costs of the Vehicle if a Vehicle cannot be recovered.
You agree that you may be liable to pay other fees as set out in the Fee Schedule and under this Agreement. Fees may be amended by Oyo from time to time.
You agree to pay all costs, fees, charges and disbursements (including collection agency commissions, and legal costs) incurred or to be incurred by Oyo in recovering any monies due to us by you under this Agreement.
By entering into this Agreement, you have authorised Oyo to arrange for fees and charges to be debited from your nominated Payment card.
Booking Fees and Extras will be charged, at Oyo’s discretion, to your nominated Payment Card either on commencement or completion of your Booking or, if applicable, on both occasions.
Other fees and charges as set out in the Fee Schedule and under this Agreement will be charged to your nominated Payment Card as they arise.
It is your responsibility to ensure that there are sufficient clear funds available in your nominated account to allow the fees to be paid.
If your payment dishonours or cannot be processed, you agree that Oyo may, without further notice:
(i) re-attempt to apply the relevant payment on your nominated Payment Card;
(ii) cancel your Booking;
(iii) suspend your account until it is paid in full; and
(iv) you may be charged a late fee
You may change your payment details through the Oyo App. You authorise Oyo to take a $1 pre-authorisation to check the validity of your Payment Card when you update your details.
You must not use or access a Vehicle without holding a valid Booking to use that Vehicle.
You agree to comply with all conditions of your Booking, including but not limited to the particular Vehicle you will use and the time, date and duration of your Booking.
In order to commence your Booking, you must open the Oyo App and press the unlock button to open the car.
At the commencement of your Booking, you must inspect the Vehicle for any damage or unsatisfactory condition (for example, the Vehicle is not clean or has less than a quarter of a tank of fuel).
If there is any damage, you must check whether this has been recorded in the Oyo App. If it has not been recorded, you must report the damage using the Oyo App prior to using the Vehicle. If you fail to report the damage, you may be held responsible for the damage.
If the vehicle is in an unsatisfactory condition, you must report this using the Oyo App prior to using the Vehicle. If you fail to report the unsatisfactory condition, you may be held responsible for the unsatisfactory condition.
Bookings can be made for a minimum period of 1 hour and a maximum period of 5 days.
Where a Vehicle is not returned to the designated parking space by the booking end day and time, and you have not extended the Booking or contacted Oyo to advise that you are returning the Vehicle late, Oyo may terminate the Booking and report you to the relevant law enforcement authorities
You may cancel a Booking at least 2 hours prior to the Booking start time and any Booking Fee already paid will be refunded to your nominated Payment Card. not incur the Booking Fee. If you cancel a Booking less than 2 hours prior to the Booking start time, you will be charged a cancellation fee as set out in the Fee Schedule. The cancellation fee will be deducted from the Booking Fee already paid and the remainder amount will be refunded to your nominated Payment Card.
If you fail to collect your Vehicle in accordance with your valid Booking, you will be charged the Booking Fee as set out in clause 4.2.
You may extend a Booking through the Oyo App as long as the Vehicle is available during that period of time. If you extend the Booking, you will be charged an additional Booking Fee as per clause 4.3(e)(i).
If you are not able to return the Vehicle at the required time you must contact Oyo immediately. If the Vehicle is booked by another Member you must take all reasonable steps to return the Vehicle to its designated parking space. If you do not notify Oyo that you are unable to return the Vehicle at the required time and if your Booking cannot be extended because the Vehicle is not available, you will be charged a late return fee as per clause 4.3(e)(ii).
Oyo may amend or cancel your Booking, including the duration of your Booking or substitute a Vehicle at our absolute discretion but we will use reasonable efforts to notify you as soon as reasonably possible.
At the end of your Booking you must return the Vehicle to the designated parking space referred to as the station in your Booking confirmation email
If you are unable to return the Vehicle to the designated parking space, you must park the Vehicle in the nearest legal car space to the designated parking space and inform Oyo of the location of the Vehicle.If you do not inform Oyo of the location of the Vehicle on completion of your Booking, you will be a charged a fee for returning the vehicle to the incorrect location and you may also be charged a fee for vehicle relocation as set out in the Fee Schedule.
If you return the Vehicle to a car space other than its designated parking space and that car space is or becomes an illegal car park or a metered car space, you will be liable for any fees and charges associated with parking the Vehicle in that car space. This includes parking fines and administration fees for processing and re-issuing the fine.
When you return the Vehicle, you must ensure that:
the Vehicle is in the same condition as when you collected it;
the ignition of the Vehicle is switched off;
the lights of the Vehicle are switched off;
all doors, windows, the boot and sunroof (if applicable) of the Vehicle are closed;
the Vehicle has at least a quarter of a tank of fuel;
the fuel card has been returned to the Vehicle glovebox;
all documents and accessories that were in, attached to or fitted to the Vehicle at the commencement of your Booking remain in, attached to or fitted to the Vehicle;
you have removed all your personal items from the Vehicle;
you have locked the Vehicle using the Oyo App; and
you have inspected the Vehicle and logged any new damage in the Oyo App.
In order to end your Booking, you must open the Oyo App and press the End Journey button. You may continue to be charged if you do not complete this step.
You acknowledge and agree that Oyo will not be responsible for any personal items left in a Vehicle. You are required to take full responsibility to ensure you have removed all of your personal items from the Vehicle. You will be liable for any costs, fees or charges associated with the retrieval, removal and/or storage of your personal items.
You must ensure that, at the end of your Booking, there is a minimum of a quarter of a tank of fuel in the Vehicle. If you fail to do so, you will be charged a fee as set out in the Fee Schedule and amended by Oyo from time to time.
You must ensure that you use the correct fuel, as described in the driver’s guide and on the back of the Vehicle fuel cap.
Each Vehicle is fitted with a fuel card for the purpose of refuelling the Vehicle at selected petrol stations, which you must use where possible. You must not use the fuel card for any purpose other than refuelling the Vehicle associated with your Booking. If you use the fuel card for any other purpose, you will be liable for the costs incurred.
Where you are unable to use the fuel card provided in the Vehicle to pay for fuel, you may submit to Oyo within 30 days, a written request for reimbursement of the fuel purchased along with your Booking details and a receipt showing the date and time, purchase location, type of fuel, fuel volume and amount paid for the fuel.
Where you have paid for fuel due to your own error, including but not limited to forgetting the PIN for the fuel card or entering the wrong PIN, and you have requested reimbursement in accordance with this clause, you will incur an administration fee.
When you are operating the Vehicle you must always do so in a safe manner and must not:
operate the Vehicle at any time that it is unsafe to do so;
operate the Vehicle or allow the Vehicle to be operated in any illegal manner;
operate the Vehicle under the influence of drugs, alcohol, prescribed medication or any other substance which may impair your ability to drive the Vehicle;
consume or allow any passengers to consume any alcohol or illicit drugs in the Vehicle;
allow the Vehicle to be driven by anyone, other than approved Oyo Members;
allow any more passengers to travel in the Vehicle than are legally permitted;
use or prepare the Vehicle for use in any form of motor sport or contest, experiment, test, trial or demonstration purpose;
use the Vehicle to convey or tow a load in excess for which the Vehicle or attached trailer was designed;
remove or attempt to remove the Vehicle from Australia;
remove any accessories or devices attached or fitted to the Vehicle;
remove or attempt to remove any e-tag, car park access device or parking pass from the Vehicle;
not part with possession of theVehicle;
make alterations or additions or interfere with the Vehicle (this includes installing anything on or in the Vehicle);
smoke or vape in the Vehicle or permit passengers to do so;
use the Vehicle for fare or reward (including driving school instruction);
use the Vehicle for any unlawful purpose, including carrying hazardous or inflammable goods;
take pets in the Vehicle;
fill up the Vehicle with incorrect fuel; or
allow the Vehicle to be driven on beaches or through streams, dams, rivers, flood waters, bush fire affected areas or any other roadway where the police or any Government authority have issued a warning or caution.
In the event of an accident or an incident that causes any damage to the Vehicle, or third party property, whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you must:
immediately, or where this is not possible, as soon as reasonably practicable, call Oyo to report the damage or liability incurred;
immediately report any malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police. In these circumstances you must then provide Oyo with the police reference number;
follow directions given by us;
not engage in, or attempt to repair the Vehicle or any third party property;
not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident;
obtain the contact details of the person who caused the accident, including their name, current residential address, vehicle registration and their insurance details and where reasonably possible obtain the contact details of any witnesses to the accident;
where reasonably possible, take photographs of the damage and the scene and provide us with copies of those photographs;
not admit liability; and
take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim.
In the event the Vehicle is lost, stolen or damaged maliciously, you must.
immediately report it to the police and provide Oyo with the police reference number; and
immediately, or where this is not possible, as soon as reasonably practicable, call Oyo to report the Vehicle missing.
You agree that you may be charged for the replacement cost of a Vehicle per clause 4.3(e)(iv) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) of this Agreement or otherwise due to your negligent action or inaction which results in us not being able to successfully make a claim against our insurance policy.
You agree that you will complete any forms and provide any information that Oyo requires in the event of an accident or any damage or theft of the Vehicle.
You agree to fully co-operate with Oyo and any third party, as required by Oyo, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking
You agree that if you fail to comply with any of your obligations under this clause 7.2, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these costs.
You agree that you will be liable for any cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges caused as a result of you breaching clause 7.1, and that such costs, fees and charges are in addition to the amount of any Insurance Excess or Reduced Insurance Excess you are required to reimburse to us
If you refuel the Vehicle with the in correct fuel type, you will be liable for any fees and charges associated with there pair, servicing, storage, towing and retrieval of the Vehicle.
Oyo has insurance which covers Oyo Car Share Vehicles in your possession. This protects you from accidental loss or damage to the Oyo Car Share Vehicle and it also covers your legal liability to pay compensation for loss or damage to someone else’s property caused by an accident involving the Oyo Car Share Vehicle subject to the terms of this Agreement. Nothing in this clause prevents Oyo or our insurers from seeking money from you as a result of your breach of this Agreement.
In the event that a claim needs to be made against our insurance policy, Oyo is liable to pay the Insurance Excess to the insurer. You agree to reimburse us this cost when you make a claim for third party property liability. We will refund this amount to you where it is established you were not at fault.
You may reduce your liability to reimburse us for the Insurance Excess each time you make a Booking by selecting the Insurance Excess reduction option through the Oyo App. In this instance, you will then only be liable to reimburse us for the amount of the Reduced Insurance Excess. The Insurance Excess reduction fee is payable on each Booking where you wish to reduce your liability to reimburse us for the Insurance Excess and the Reduced Insurance Excess only applies to you. If you are not the person operating the Vehicle at the time of an accident, the Reduced Insurance Excess will not apply and you must reimburse us for the full amount of the Insurance Excess.
The amount of the Insurance Excess and the Reduced Insurance Excess will be provided on the Website and may be amended by Oyo from time to time in its sole discretion.
Should Oyo increase the amount of the Insurance Excess or the Reduced Insurance Excess, Oyo will give Members at least 1 months’ notice of such amendment.
You acknowledge that Oyo’s insurance will only provide cover for you for any loss or damage if you are a Member and you are operating the Oyo Car Share Vehicle yourself.
If there is an accident or damage to the Vehicle, or if the Vehicle is lost or stolen, an amount equal to the Insurance Excess, or the Reduced Insurance Excess where applicable, will be debited from the credit card stored on file, upon your reporting or Oyo identifying any damage to the Vehicle.
If it is determined that you are not at fault(and not in breach of this Agreement) then Oyo will refund the amount debited under clause 8.2(a) within 2 business days of the claim being settled.
If it is determined that you are partially or wholly at fault, Oyo will refund the amount (if any) calculated as the amount debited under clause 8.2(a) less all charges associated with the repair of the Vehicle and a claims management fee.
You agree that you must obtain the contact details of the person who caused the accident including their name, current residential address, vehicle registration and their insurance details. You agree that you must provide Oyo with honest, correct and complete information of an accident in a timely manner and assist Oyo in every way in connection with any claim or legal action relating to the incident including immediately referring any communication from other parties to us so that we can respond on your behalf.
If you are involved in an accident or event relating to a claim, you must not:
arrange or authorise any repairs to the insured Vehicle;
admit liability or guilt;
make a promise or offer to settle or partly settle the matter or defend the matter; or
assign your rights in any insurance claim to a third party.
Your liability for any accident loss or damage will be limited to your obligation to reimburse us the amount of the Insurance Excess or if applicable the amount of the Reduced Insurance Excess, unless the Vehicle was:
in an unsafe or unroadworthy condition caused by you, or was carrying passengers or a load (including towing) in excess of that recommended by the Vehicle manufacturer, and this contributed to the loss or damage;
being hired out or used for fare or reward (including driving school instruction);
altered by modifications from the original manufacturer’s specifications by you;
being used or prepared for use in any form of motor sport or contest, experiments, tests, trials or demonstration purposes;
being used for any unlawful purpose, including the carrying of hazardous or inflammable goods in excess of that permitted by government regulation, unless you can prove that such use was without your knowledge or consent
improperly or incorrectly fitted by you with any modification or accessory and this contributed to the loss or damage;
being driven by any person who was not a Oyo Member
being driven by a driver, who was not licensed to drive the Vehicle;
being driven by a driver under the influence of alcohol or with illicit drugs present or driven by a driver who had a blood alcohol level in excess of the limit permitted by law in the state or territory where the loss or damage occurred or being driven by a driver who refused to take a test to determine the level of alcohol or presence of drugs;
being driven by a driver after receiving advice from a medical practitioner not to drive, or whilst under the influence of prescribed medications that impair the ability to drive;
damaged as a result of your failure to take all reasonable steps to safeguard the insured vehicle from loss at all times;
damaged as a result of intentional loss or damage caused by you or anyone acting with your express or implied consent; or
damaged as a result of you or any other person continuing to drive the insured vehicle in a damaged state
You agree that, if you are in breach of clause 2.1(b) (ii), (v) - (viii), 7.1, 7.2, 8.2(d), 8.2(e) or 8.2(f), you will not be covered by our insurance policy and you will be liable for all liability, loss, damages, costs and expenses (including legal fees) incurred in connection with your use, possession or control of the Vehicle. This includes, but is not limited to the cost of repair or replacement of the Vehicle, the repair or replacement cost of third party property and costs associated with injury to persons.
Oyo is not responsible to you or any third party for loss or damage to property left in the Vehicle. You are not covered by our insurance for theft or loss of property from the Vehicle.
You agree that both ourselves and our insurer reserve the right to recover any monies paid and may need to take action in your name and therefore you must co-operate with us and our insurer and give any information and assistance through to the completion of any action undertaken in your name.
You agree that Oyo will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential, if Oyo are unable to provide you with a Vehicle or Oyo change or cancel your Booking or any third party circumstances mean you cannot access a Vehicle.
Subject to clause 9(d), Oyo’s aggregate liability under or in respect of this agreement whether in contract, tort (including negligence), statute or any other cause of action is limited to the value of the Booking.
You indemnify Oyo against any liability, loss, damage, compensation and costs and expenses in connection with your use of the Vehicle to the extent not covered by the insurance.
Oyo indemnifies you against all loss suffered by you as a result of our fraud or negligence under this Agreement.
Oyo may suspend or cancel your Membership at anytime if:
you have received 3 infringement notices;
you had 2 at fault insurance claims;
your payment is late or dishonoured;
your Driver’s Licence has expired;
your credit card has expired;
you have breached the terms of this Agreement, including a failure to pay fees or charges; or
Oyo has provided you 14 days’ notice that Oyo is cancelling your Membership, including because Oyo has decided that the program will not be continuing. If Oyo cancels the program, you will be refunded any Membership Fees on a prorated basis.
You may suspend your Membership by providing Oyo with 14 days’ notice.
If your Membership has been suspended, any upcoming Bookings will be cancelled and you will not be able to make further Bookings until your Membership has been reinstated
Either party has the right to terminate this Agreement by notice in writing to the other party if the other party commits a breach of this Agreement and either:
the breach is material and not capable of being cured; or
the breach is capable of being cured and the defaulting party fails to cure the breach within 7 days of being notified in writing of the breach by the party giving the notice; or
a breach occurs on more than one occasion.
If this Agreement is terminated, your Membership will also be simultaneously terminated
You will need to register or open an account with Oyo to use certain parts of the Website. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of our Website by anyone using your log-in details.
Oyo may suspend, terminate or block your access to all or any part of the Website at any time and without prior notice to you. Oyo may update and change the materials available on our Website, including by removing materials, at any time at our discretion.
All of the intellectual property rights in and to our Website belong to us and our licensors. You may not reproduce, distribute, modify, create derivative works, download, store, or transmit any of the material on the Website except as follows:
you may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and
you may store files that are automatically cached by your Web browser for display enhancement purposes.
Any use of the Website not expressly permitted by Oyo is a breach of this Agreement and may violate copyright trademark, and other laws. If you wish to use any material on the Website other than as expressly permitted, please send your request to: firstname.lastname@example.org.
You must not:
modify copies of any materials from the Website;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; and
you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage Oyo’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Oyo’s behalf without our express written consent. You agree to cooperate with us to immediately stop any unauthorised framing or linking. Oyo reserves the right to withdraw linking permission without notice.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Oyo will not be liable for any loss or damage associated with your use of the Website.
If you believe a dispute has arisen under this Agreement, you must give Oyo written notice specifying the nature of the dispute (Dispute Notice).
During the 15 business day period after a Dispute Notice is given (or any longer period agreed in writing by the parties), both parties must mutually use best efforts to resolve the dispute.
If the dispute is not resolved following the expiration of the 15 business day period, both parties must endeavour to jointly engage a mediator and endeavour to agree on the mediator’s terms of agreement.
If the parties fail to agree on the engagement of a mediator or the mediator’s terms of agreement within 15 business days of service of the Dispute Notice, either party may apply to the President of the Law Society of Victoria to appoint a mediator.
You must bear your own costs of complying with this clause. The parties must bear equally the costs of any mediator engaged under clauses 12(c) or (d).
Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a court.
We may vary this Agreement from time to time by giving you not less than 1 months’ notice.
Where Oyo varies this Agreement in accordance with clause 13(a) in a manner which is adverse to your use of your Membership, you will be entitled to terminate this Agreement by providing written notice to Oyo no later than 14 days before the change is due to take effect and your Membership Fee will be refunded on a prorated basis.
This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.
A provision of this Agreement or a right created under it, may not be waived or varied except in writing, signed by the party or parties to be bound.
Nothing contained or implied in this Agreement creates any partnership, agency or trust. No party has any authority to bind another party in any way.
You must not assign or otherwise deal with your rights under this Agreement or allow any interest in them to arise or be varied without our consent. You agree that we may assign our rights under this Agreement in our discretion by notifying you in writing.
This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Headings are for convenience only and do not affect interpretation. Unless the contrary intention appears, in this document:
the singular includes the plural and vice versa;
a reference to “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation; and
a reference to a time of day is a reference to Victorian time.
Agreement means this agreement together with any annexures or schedules and any documents incorporated by reference.
Booking means a booking made by you, as a Member, to use a Vehicle, and accepted by Oyo byway of a booking confirmation email.
Booking Fee means the fee payable on each Booking, charged in accordance with the hourly or daily fee applicable to the Membership Tier, together with a charge per kilometre that the Vehicle is driven by the Member in accordance with the Membership Tier, as varied by Oyo from time to time.
Dispute Notice has the meaning given in clause 12.
DVS means the national online system that allows organisations to compare a person's identifying information with a government record. For further information please visit - https://www.dvs.gov.au.
Extra means an option selected by you when making the Booking such as Insurance Excess reduction.
Fee Schedule means the fee schedule listed in the Oyo Car Share frequently asked questions, which is available on the Website.
Initial Term has the meaning given in clause 1.
Insurance Excess means the amount of the excess payable on the insurance taken out by Oyo in the event of a claim against that policy. This amount is set out on the Website from time to time.
Member means an individual that has been approved by Oyo to use Oyo Car Share.
Membership means your membership to use Oyo Car Share.
Membership Fee means the fee charged by Oyo for access to the Oyo Car Share services in accordance with the Membership Tier as stipulated on theWebsite and varied by Oyo from time to time in accordance with the terms of this Agreement.
Membership Tier means the type of membership level or plan applicable to the Member as recorded by Oyo at the time of making a Booking or as varied by Oyo from time to time in accordance with the terms of thisAgreement.
Oyo App means the mobile application through which you can view and book Vehicles.
Oyo Car Share means the program run by Toyota Finance Australia Limited which gives Members access to Vehicles by the hour or day in accordance with the terms of this Agreement.
Payment Card means a valid credit card or debit card nominated by you and approved for use by Oyo.
Reduced Insurance Excess means the reduced amount you are required to reimburse us, instead of the amount of the Insurance Excess, as set out on the Website from time to time.
Subsequent Term has the meaning given in clause 1.
Vehicle means Vehicles available for Booking through the Oyo Car Share.
Website means www.oyocarshare.com.au and includes the Oyo App.
You or Your means you as a Member.