FLEXIWHEELS TERMS AND CONDITIONS OF SUBSCRIPTION
Meaning of terms in this agreement“Authorised Driver/s” means the person/s listed as “The Driver” and/or “Additional Drivers.”“Business Hours” means the hours of operation of the Subscription location from which the Vehicle is taken or to which it is returned, and which are posted on the FlexiWheels website or at the Subscription location.“Collision or Damage Report Form” is a form provided to you by FlexiWheels, in the event of an accident or any claim involving the Vehicle, that you are required to furnish if you have information about the accident, damage or loss involving the Vehicle or any third party property.“Contract Fee” means the fee charged by FlexiWheels to establish the Subscription Agreement.“Credit Card Fee” means the fee charged by FlexiWheels when payment of the Subscription is made by a credit card. For details refer to the “paragraph Standard Fees and Charges”.“Driver Indemnity Statement” is a form provided to you by FlexiWheels, in the event of an accident or claim involving the Vehicle, that you are required to furnish and sign if you have no knowledge of how the damage or loss was caused to the Vehicle.“Loss or Damage Liability” or “LDL” means the amount you agree to pay immediately in case of loss or damage to the Vehicle or to another vehicle or property or any third party property regardless of fault.“Per Week or Month” means the charge for each 7 day week or calendar month or part thereof beginning at the “Time Out” stated on the Subscription Agreement.“Permitted Area of Use” means the area in which the Vehicle may be driven. The Permitted Area of Use is limited as follows.For those Vehicles-taken outside the Northern Territory and Western Australia, the Permitted Area of Use does not include the Northern Territory or Western Australia.The Permitted Area of Use in Queensland does not include any place further north than Cooktown (15°30’S / 145°16’E) or in a westerly direction beyond Chillagoe (17°07’S / 144°33’E) and Georgetown (18°17’S / 143°33’E). The Permitted Area of Use does not include the ‘Bloomfield Track’ coastal route between Cape Tribulation (16°05’S / 145°29’E) and Cooktown (15°30’S / 145°16’E) or Fraser Island or Stradbroke Island.The Permitted Area of Use in South Australia does not include any place further north than Wilpena (31°25’S / 139°29’E), or in a westerly direction beyond Ceduna (32°07’S / 133°46’E).The Permitted Area of Use does not include any area of Snow or Ice Conditions.“Premium Roadside Assistance” means FlexiWheels will provide for a free roadside assistance benefit not included in its standard roadside assistance coverage.“Probationary Driver’s Fee” means a fee that will be charged to drivers who have a Provisional or Probationary licence. For details refer to the “paragraph Standard Fees and Charges”.“FlexiWheels”, “We”, “Our” or “Us” means Bridge Street Corporation Pty Ltd (ABN 57 143 462 793) T/A FlexiWheels and their licensees, franchisees, agents and authorised representatives.“FlexiWheels address” shall mean FlexiWheels’ address as stated on the Subscription Agreement or if no such address is stated, the place from which Vehicle was taken.“Registration Recovery Fee” or “RRF” means the fee charged by FlexiWheels to recover the cost of registration of the Vehicle.“Subscription Period” means the period beginning at Time Out and ending at Time In.“Remote Location” means a location determined by FlexiWheels as an isolated community and will have limitations on kilometers, offer different liability provisions, not be permitted to drive on unsealed roads and subject to Our Single Vehicle Accident policy.“Single Vehicle Accident” means an accident not involving a collision between the Vehicle and another vehicle. Should you be involved in a multi-vehicle accident and be unable to fully identify both the other vehicle/s licence plate and the other driver including licence details, address and proper contact information the accident is a Single Vehicle Accident.“Snow or Ice Conditions” means above the line of snow where there is snow or ice on roads or adjacent areas or, during the period 1st May until 31st October of any year in snow prone areas, in conditions where any authority has advised there is snow or ice on the roads, above 800m above sea level or, any area where it is indicated or required that snow chains are to be carried or fitted to the tyres of the Vehicle.“Subsequent Loss or Damage Liability” or “SLDL” means the amount you agree to pay immediately in each case of subsequent loss or damage to the Vehicle or to another vehicle or any third party property regardless of fault.“Time In” means the actual time and date when you return or you are deemed to have returned the Vehicle to FlexiWheels.“Time Due In” means the time and date agreed by you and FlexiWheels as to when the Vehicle is to be returned to FlexiWheels as stated on the Subscription Agreement.“Time Out” means the time and date when you take out the Vehicle for hire as stated on the Subscription Agreement.“Toll Roads” means roads, motorways, bridges and tunnels where use is subject to a toll which may be paid by an Electronic Toll Road Pass (E-Tag).“TOL” means the fee that FlexiWheels will charge you for unlimited use of an E-Tag.“Unreported Damage” means any damage to the Vehicle in which you have not duly completed a Collision Damage Report Form or Driver Indemnity Form.“Unsealed Road” means a gazetted vehicular road that does not have a hard sealed surface material such as tar, bitumen, asphalt or concrete. For example, a gravel road is an Unsealed Road. A narrow road where any of the Vehicle’s wheels must leave the sealed surface to pass or overtake another vehicle is an Unsealed Road.“Unsealed Road Loss or Damage Liability “or “ULDL” means the additional amount payable in the event of loss or damage occurring while driving on an Unsealed Road. The Unsealed Road Liability is payable in addition to the Loss or Damage Liability shown on Part A of the Subscription Agreement.“Vehicle” means the Vehicle described on the Subscription Agreement including all its parts, components, keys, accessories, contents, tools and equipment as well as any replacement Vehicle.“Vehicle Check In Report” details the existing damage and any new damage to the Vehicle at Time In“Vehicle Check Out Report” refers to the existing damage on the Vehicle at Time Out“You” or “your” means the person(s) or entity identified as the “Driver” on the Subscription Agreement and any additional or authorised drivers.“Young Drivers Fee” means a fee charged to drivers between the ages of 21 and 24 inclusive. For details refer to the “paragraph Standard Fees and Charges”. MILEAGE LIMITATION1.1 Our vehicles are limited to a maximum of 2,600km in any one month. A portion of this will be allocated as FREE mileage as per your subscription contract. 1.2 Any mileage over the FREE mileage will be charged at $0-50 per kilometer. 1.3 It is considered a breach of your subscription agreement, should you exceed the maximum allowed mileage in any one month unless you have received, in writing, an authorisation from FlexiWheels to exceed this maximum allowance. 1.4 We audit mileage on a 3 month basis and any excess mileage will need to be paid for the three month period. Mileage will reset every 3 months. WHO MAY DRIVE THE VEHICLE?2.1 You must ensure that only Authorised Driver/s will drive the Vehicle.2.2 An Authorised Driver must be 21 years of age or older. 2.3 An Authorised Driver must have signed the subscription contract and produced their driver’s licence.2.4 An Authorised Driver must be currently licensed to drive the type of Vehicle that is being taken.2.5 Learner drivers and drivers with less than 12-months experience as a licenced driver are not permitted to drive the Vehicle at any time.
PROHIBITED USE OF VEHICLEIt is prohibited:3.1 for the Vehicle to be taken or driven outside the Permitted Area of Use.3.2 to carry persons or passengers for payment.3.3 to carry a greater number of persons than the number of seatbelts provided in the Vehicle and/or for a purpose for which the Vehicle was not designed and constructed.3.4 to carry any inflammable, explosive or corrosive materials in the Vehicle.3.5 to carry goods, without all necessary approvals, permits, licences and government requirements (If any such are required they must be obtained at your cost).3.6 to carry goods otherwise than in accordance with the Vehicle manufacturer’s recommendations.3.7 to use the Vehicle to push or tow any vehicle, trailer, boat or other object.3.8 to drive the Vehicle Off-Road or anywhere other than a gazetted man-made road.3.9 to use the Vehicle in racing or other motorsport or motorsport like activities, including pace making, reliability trials, speed trials, hill climbing or in testing in preparation for those activities.3.10 for the Vehicle to be driven on beaches or through streams, dams, rivers, or flood waters (including water caused by flash flooding, riverine flooding, stormwater flooding and actions of the sea), bush fire affected areas or any roadway where the Police or any other Government authority have issued a warning or caution.3.11 to use the Vehicle in Snow or Ice Conditions or above the snow line during periods of snow.3.12 to use the Vehicle in contravention of any legislation or a regulation controlling vehicular traffic.3.13 to carry animals in the Vehicle.3.14 to use the Vehicle in a dangerous manner or for illegal purpose or when it is damaged or unsafe.3.15 to smoke in the Vehicle.3.16 to drive the Vehicle on an unsealed road if collected from a Remote Location.
FUEL, MAINTENANCE, SECURITY, SAFETY AND REPAIR4.1 You agree to compensate FlexiWheels for any new loss or damage sustained or resulting from your use of the Vehicle. Where you have identified a third party responsible for the new damage and FlexiWheels has been able to obtain full compensation from the third party FlexiWheels will not hold you liable to compensate if for the damage.4.2 If you return with less than a full tank of fuel, FlexiWheels will charge you a Fuel and Service charge at the applicable per liter rate specified on the Subscription Agreement.4.3 You must:(a) maintain all of the Vehicle’s engine oils and engine coolant levels at the manufacturer’s recommended levels,(b) report to FlexiWheels any defect in the vehicle of which you have become aware,(c) maintain tyre pressures at manufacturers recommended levels,(d) keep the Vehicle locked and the keys under your personal control at all times and produce such keys if the Vehicle has been stolen,(e) follow any reasonable instruction given by FlexiWheels relating to the Vehicle, including recalls, maintenance instructions and car swaps for safety reasons.(f) if refueling the Vehicle ensure only the correct grade and type of fuel recommended by the manufacturer of the Vehicle is used.4.4 you must not repair nor have repairs to the Vehicle carried out unless FlexiWheels authorises you to do so or where there is an emergency and FlexiWheels’ consent cannot reasonably be obtained. FlexiWheels will only reimburse you for the cost of repairs if you submit the original receipts for those repairs and FlexiWheels is reasonably satisfied that the repairs occurred and the claimed amount is reasonable.4.5 When driving on an Unsealed Road you must never exceed the sign posted speed limit or 50 KMH, whichever is the lesser. Vehicles collected from Remote Locations are not permitted to drive on an Unsealed Road.
YOUR FINANCIAL OBLIGATIONS TO FLEXIWHEELS5.1 At the beginning of the Subscription Period, you must pay all Subscription charges, all elected options nominated on the Subscription Agreement, goods and services tax (GST), stamp duty or any other tax, duty, surcharge, levy, fee, or charges imposed by Local, State or Federal government that are applicable to this Subscription Agreement and provide a security bond by credit card. Details of the security bond requirements are set out in Security Bond Information (see Schedule 2).5.2 Should you wish to extend the Subscription period you must request an extension by contacting FlexiWheels prior to the Time Due In and if granted make additional payments for the new charges. Subscription extensions are payable in advance.5.3 At the end of the Subscription Period, you must pay all additional charges due and payable. You agree to accepting all laibility for these charges.5.4 If you pay for the subscription of the Vehicle by directing FlexiWheels to bill charges to a charge account or to some other person, corporation, or entity who or which fails to make payment when called upon by FlexiWheels, you hereby accept that you are primarily liable and you will immediately pay the full amount due to FlexiWheels on demand.5.5 From the end of the Subscription Period:(a) you must pay any charges and obligations not already paid but for which you are liable to pay in this Subscription Agreement.(b) you will be charged interest at the rate of 10% per annum calculated on a daily basis on all outstanding accounts or charges until fully paid.5.6 Failing to pay any fees due for your subscription of a FlexiWheels car will result in your subscription being terminated and as such the FlexiWheels cars must be returned immediately upon notification of this cancellation.5.8 Additional charges will be levied for payments made by credit card as shown in the paragraph Standard Fees and Charges.5.9 All charges are in Australian Dollars (AUD) unless otherwise stated. No compensation will be given for exchange rate fluctuations between the dates of charge and refund processing.
RETURN OF VEHICLE6.1 you must return the Vehicle to FlexiWheels:At the end of your subscription contract or termination of your contract, failing to do this will result in FlexiWheels recovering the car by third part contractors or the authorities and all costs associated with the recovery of the FlexiWheels car will be for your account and responsibility. You are to return the car:(a) during business hours of the return location (which are displayed at the location, or as available on www.FlexiWheels.com.au),by the Time Due In stated on the Subscription Agreement, unless you have requested an extension before the Time Due In and it has been agreed to by FlexiWheels.(b) If you return the Vehicle outside of the return locations business hours you will be deemed to have returned the Vehicle and the Subscription charges will continue and you will continue to be liable for damages until that location next opens for business.(c) At FlexiWheels’ address unless another place is stated on the Subscription Agreement or agreed with FlexiWheels.6.2 If you return the Vehicle to a location other than that stated in Part A of the Subscription Agreement, a relocation charge will apply as shown in the paragraph “Standard Fees and Charges”.6.3 If you return the Vehicle to FlexiWheels prior to the Time Due In you shall not be entitled to a refund from FlexiWheels except where your Subscription rate package provides for an early return refund in the event of early return with such provision stated in Part A of the Subscription Agreement and you have made payment of the Subscription charges in full directly to FlexiWheels. TERMINATION OF THIS SUBSCRIPTION AGREEMENT7.1 FlexiWheels may terminate the Subscription Agreement and require the immediate return of the Vehicle or re-possess the Vehicle, without notice if FlexiWheels has a reasonable ground to believe that:(a) You have breached a term or condition of the Subscription Agreement (b) We become aware of any fraudulent conduct by You.(c) You cease to meet the Eligibility Criteria.(d) You have illegally parked the Car for longer than 24 hours.(e) You have committed a reckless breach of road or traffic legislation.(f) The Car is apparently abandoned.(g) It is likely that you may cause damage to the Vehicle or harm to a person or damage to property through your use of the Vehicle.(h) the Car has not been returned at the time, date and place agreed between You and Us(i) the Car has not been returned at a Return Appointment that had already been rescheduled twice; or within 7 days of the original Return Appointment; whichever is earlier, regardless of whether You have provided notice that the Car will not be returned at each Return Appointment.7.2 Repossession of the Vehicle(a) If We terminate this Agreement (for any reason) we may arrange for the vehicle to be returned; or we may repossess the vehicle from You or the Approved Driver and You will be liable for the cost of repossession.(b) If We terminate this Agreement (for any reason), we may require that You return the vehicle on or before the expiry of the notice period given by us for the cancellation of the agreement and if the vehicle is not returned on or before the expiry of that notice period, we may immediately repossess the vehicle without further notice to You; If We 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 in repossessing the vehicle and/or recovering any payments in arrears from You (including towing costs).7.3 In any case in 7.1, you must pay FlexiWheels, reasonable costs of retaking the Vehicle plus all other costs and charges under the Subscription Agreement.7.4 FlexiWheels will use its best endeavors to re-subscribe the vehicle after taking possession of it. In the event it is successful in doing so FlexiWheels will return to you any monies held in regard of days not used by you for which it has re-subscribed the Vehicle less any variation between the rate at which the Vehicle has been re-subscribed and the rate you were paying for the unused days.
YOUR LIABILITY8.1 FlexiWheels does not in any way represent itself to you as carrying on the business of insurance.8.2 In the event of FlexiWheels suffering any loss as a consequence of your use of the Vehicle you are liable for the following:(a) The reasonable cost of repairs to the Vehicle or the finance payout value of the Vehicle at the time of loss whichever is the lesser provided the finance payout value is not less than the market value of the Vehicle at the time of loss in which case the market value of the Vehicle shall prevail;(b) The reasonable legal expenses, debt recovery charges, appraisal and assessment fees, towing and Vehicle recovery, storage and service charges;(c) The damage or consequential third party damage to the property of any person, which arises from or is contributed to by your use of the Vehicle;(d) The loss of use of the Vehicle including FlexiWheels’ consequential loss;(e) FlexiWheels’ Claims Administration Fee for administration and debt recovery in relation to your loss or damage claim as shown in the paragraph “Standard Fees and Charges” and,(f) FlexiWheels’ Traffic Infringement Administration Fee or Toll Road Administration Fee as set out in the paragraph “Standard Fees and Charges” for each traffic or parking infringement or unpaid toll road notice it receives as.8.3 Your liability for the charges specified in clause 8.2 shall not exceed the Loss or Damage Liability unless:(a) You have seriously breached any term or condition of this Subscription Agreement and that breach has a causal link to loss or damage.(b) The Vehicle or any third party property is damaged by loading or unloading goods or by a person stepping, standing or sitting on the roof or on any other panel of the Vehicle.(c) The Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle.(d) The Vehicle is totally or partially immersed in water as a result of driving into flood waters or a flooded area or on a submerged road or by not taking reasonable care not to park the Vehicle where it may be subject to water immersion.(e) The interior of the Vehicle is damaged regardless of the cause except as a result of collision damage.(f) Any original component or accessory of the Vehicle is missing or has been replaced without FlexiWheels’ approval.(g) You have failed to secure any load or equipment which leads to loss or damage to the Vehicle or to any third party property caused by any part of the load or equipment.(h) You fail or neglect to take reasonable steps to protect the safety of the Vehicle during or after the occurrence of an accident or breakdown (including following any reasonable instructions given by FlexiWheels).(i) The claim relates to property (including another vehicle) you or any member of your family owns or has physical, legal custody or control of.(j) you refuse to take a breath or blood test or your blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle or you are under the influence of a drug that would prohibit you from driving under any law applicable in the State or Territory in which you are driving at the time of the event resulting in the loss.(k) The loss is caused by your use or intended use of the Vehicle for an illegal purpose.(l) You willfully or maliciously damage the Vehicle.(m) The loss is caused by your willful contravention of any legislation or regulation controlling vehicular traffic.(n) You drive on an Unsealed Road in which case your liability for Loss or Damage will be increased by the amount of the Unsealed Road Loss or Damage Liability as shown on Part A of this Subscription Agreement.(o) More than one accident or incident occurs. Should more than one accident or incident occur your liability for each subsequent incident (after the first) will be the Subsequent Loss or Damage Liability noted on your Subscription Agreement Part A for each subsequent incident.(p) The Vehicle is missing or stolen and you have not kept the Vehicle locked when not in use, the keys under your personal control or you have not produced and returned the keys to FlexiWheels.(q) You give the Vehicle to or permit any person/s to drive the Vehicle who is not an Authorised Driver and as a result cause Loss or Damage to the Vehicle.8.4 For more information on your Loss or Damage Liability see the Vehicle Damage Monitoring and Repair Policy and Procedure which is Schedule 1 to this Subscription Agreement. The Vehicle Damage Monitoring & Repair Policy and Procedure affects your interests and FlexiWheels interests under this Subscription Agreement.
YOUR OBLIGATION TO INDEMNIFY FLEXIWHEELS9.1 FlexiWheels’ services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for purpose. Subject to FlexiWheels meeting these obligations you agree:(a) to release and indemnify FlexiWheels from and compensate it for any claim you make for loss or damage of any personal property which has been:(i) stored in the Vehicle,(ii) stolen from the Vehicle,(iii) otherwise lost during the Subscription Period,(iv) left in the Vehicle after it has been returned to FlexiWheels;(v) stored or left at FlexiWheels’ premises.(b) to indemnify FlexiWheels for any third-party claims arising from your use of the Vehicle if the claim arises from your serious breach of the Subscription Agreement.
YOUR OBLIGATION IN CASE OF AN ACCIDENT OR ANY CLAIM10.1 Where the use of the Vehicle by you, 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 or if the Vehicle has been stolen, you must:(a) Immediately report such incident to the local police and FlexiWheels (b) Immediately furnish FlexiWheels with a fully and accurately completed, legible and signed Collision or Damage Report Form or Driver Indemnity Statement. Failure to submit either form within seven days of any incident will constitute a serious breach of this Subscription Agreement(c) Immediately pay FlexiWheels the amount shown on Part A of the Subscription Agreement as Loss or Damage Liability plus the Unsealed Road Loss or Damage Liability if applicable.(d) Complete and furnish to FlexiWheels within a reasonable time any statement, information or assistance which FlexiWheels or its insurer may reasonably require, including attending at a lawyer’s office and at court to give evidence. Your reasonable expenses will be reimbursed.(e) Not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.(f) Permit FlexiWheels or its insurers at its own cost to bring, defend, enforce or settle any legal proceedings against a third party;(g) Forward to FlexiWheels any claims or correspondence from third parties within seven days of receipt.10.2 In the event that you report the Vehicle stolen you must return the keys to FlexiWheels immediately.
SEVERABILITY11.1 In case any clause or part of a provision of this Agreement is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause shall be read down only to the extent necessary to make it valid, legal, lawful or enforceable; and11.2 If it cannot be read down, it is deemed to be severed from this Agreement and of no force and effect, and(a) all other clauses or parts of clauses of this Agreement shall nevertheless prevail and remain in full force and effect, be valid and fully enforceable and(b) no clause or parts of clauses of this Agreement shall be construed as being dependent upon another clause or part of a clause unless so expressed herein.
TOLL ROADS12.1 If the Vehicle is fitted with an Electronic Toll Road Pass (E-Tag) at the time of entering into this Subscription Agreement you may choose to use the E-Tag (the TOL option).12.2 If you chose to use the E-Tag at the time of entering into this Subscription Agreement the notation “TOL” shall be made on Part A of this Subscription Agreement, and:(a) you will be charged a fee as shown in the paragraph Standard Fees and Charges; and(b) you shall have unlimited use of the E-Tag on all Toll Roads.12.3 If you have not chosen the TOL option and FlexiWheels is notified by a Toll Road operator that the E-Tag has been recorded as having passed through an electronic toll point you will be charged by FlexiWheels per toll point (refer to paragraph Standard Fees and Charges).12.4 The E-Tag is fixed and must not be removed. FlexiWheels do not facilitate the use in the Vehicle of E-Tags other than its own. If you use your own E-Tag in the Vehicle you will still be charged the relevant fee by FlexiWheels if FlexiWheels’ E-Tag is recorded as having passed through the electronic toll point.12.5 If the E-Tag is not returned with the Vehicle at the end of the Subscription you will be charged for its replacement. For details refer to the “paragraph Standard Fees and Charges”.
PRIVACY POLICYFlexiWheels has a Privacy Policy which is a separate document below this, and a copy is available at our offices. The Privacy Policy outlines FlexiWheels’ personal information management practices including how FlexiWheels intends to collect, use, or disclose your personal information. We draw your attention to section 4.2 of our privacy policy and the use by FlexiWheels of vehicle GPS tracking devices or in car software tracking and information. By subscribing to a FlexiWheels vehicle, you expressly consent to FlexiWheels using tracking devices on the vehicle during the subscription period and collecting, using, and retaining information from the tracking devices in accordance with our Privacy Policy. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Car. FlexiWheels may transfer your personal data to entities in the Lennock Motors group located in Australia, which adhere to the Safe Harbor principles. The Lennock Motors group may use your personal data to (i) provide effective services, (ii) conduct analytic and/or direct marketing activities, (iii) allow Lennock Motors group to undertake customer satisfaction surveys by e-mail or by contacting you on your mobile phone or other number listed on the Subscription agreement or otherwise provided to Lennock Motors group, and (iv) to respond to legal requirements or claims (e.g. request from law enforcement agencies), enforce local policies, protect the rights, property, or safety of others. By providing your personal information to us, you consent to our disclosure of your personal information as set out.
STANDARD FEES AND CHARGESInsurance excess $4,000-00Cleaning Fee $150-00Refuelling: Current 95 Octane price plus $50-00Smoke Cleansing: $900-00Pet Hair Removal: $300-00Lost Key: from $850-00Toll Fees and Traffic infringements: Full Toll and Traffic Infringement fee plus Admin fee of $30-00Late Payment Fee: $20-00Vehicle Relocation Fee: $900-00 Charge card fees 1,95%
GENERAL PROVISIONSWords used in this Subscription Agreement to denote singular words include the plural.These Schedules to this Subscription Agreement are part of this Subscription Agreement. PRIVACY POLICY DOCUMENT 1: Protecting your privacyThe FlexiWheels vehicle subscription scheme is owned by Bridge Street Corporation Pty Ltd. For the purposes of this Privacy Policy, FlexiWheels refers to Bridge Street Corporation Pty Ltd and our related entities (We, Us).This Privacy Policy applies to all your dealings with us whether at our office, through our call centres or via our Websites.We draw your attention to section 4.2 of our policy and the use by FlexiWheels of vehicle GPS tracking devices or in car software tracking and information. By subscribing to a FlexiWheels vehicle, you expressly consent to FlexiWheels using tracking devices on the vehicle during the subscription period and collecting, using and retaining information from the tracking devices in accordance with our Privacy Policy.You accept this Privacy Policy and expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy by using our Websites, enquiring about our Services or acquiring our Services.This document provides you with information on how we collect, use, store and disclose your personal information. If you want more information, please use the contact details set out in section 19 of this Privacy Policy. 2: DefinitionsIn this policy:• APPs means the Australian Privacy Principles under the Privacy Act.• Credit Information means Personal Information that we obtain from a Credit Reporting Body (including any information derived from such information) or any information we provide to a Credit Reporting Body.• Credit Report means a report from a Credit Reporting Body the primary purpose of which is to assist with the assessment of the creditworthiness of an individual.• Credit Reporting Body has the meaning given in section 8 of this Privacy Policy.• Personal Information has the meaning given under the Privacy Act.• Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.• Privacy Officer means FlexiWheels's first point of contact for privacy related matters (the Privacy Officer can be contacted using the details in section 16 below).• Privacy Policy means this document setting out the policy of Bridge Street Corporation Pty Limited relating to the privacy of your Personal Information.• Related Entities has the same meaning as under the Corporations Act 2001 (Cth).• Sanction List means the consolidated list of designated individuals and organisations who are subject to targeted financial sanctions under Australian sanctions law, as issued and amended from time to time by the Department of Foreign Affairs and Trade.• Sensitive Information has the same meaning as under the Privacy Act.• Services means the offers and services provided by us, including vehicle subscription services and the FlexiWheels privilege loyalty programs.• Website means www.lennockflexiwheels.com.au and other websites and forms of social media where you post comments, or we interact with you.The meaning of any general language is not restricted by any accompanying example and the words 'includes', 'including', 'such as', 'for example' or similar words are not words of limitation. 3: What is Personal Information?Personal Information is defined in the Privacy Act as information or opinion about an identified individual (or an individual who is reasonably identifiable) whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.Sensitive Information is a subset of Personal Information that is afforded higher levels of protection under the Privacy Act. It includes information or opinion about an individual's racial or ethnic origin, political opinion, religious beliefs, sexual orientation, criminal record or health information.
4: What Personal Information do we collect and why do we need it?4.1 Personal Information we collect: To provide you with our Services, we need to collect your Personal Information. If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services, or those Services may be compromised.Depending on the nature of the Services we provide to you, the personal information we collect may include:• your name, email address, telephone numbers and address.• account identifier;• if applicable, the identification data of additional driver(s): name, email address, telephone numbers and address;• date of birth;• Sensitive Information, for example, if you advise us of any disability;• banking information including account details, credit card details and expiry dates;• financial data (including order forms, customer invoices, etc.);• your driver's licence number (including taking a photocopy of your licence) and state of origin, and that of any additional driver(s);• if applicable, data relating to traffic violations;• a copy of identity verification documentation (e.g., copy of passport, utility bill or Medicare card);• information on a professional group to which you belong (e.g., you may disclose that to obtain a discount available to members of that group);• vehicle preference;• company name and employee number;• contact details of individuals who can provide professional references and other information required;• credit information Credit Report from a credit reporting body (as further detailed in section 8);• reservations and subscription details including dates, times and places of vehicle subscription;• flight details if your pickup location is an airport;• information about your navigation on our website and/or our mobile applications;• information obtained from surveys you complete or from your interactions on our dedicated social media pages;• voice, audio-visual and electronic data: recordings of your communications by email, chat or telephone with our customer service department;• information relevant to vehicle damage which may include filming the vehicle at the time it is collected and returned (which may include incidental filming of the occupants of the vehicle); and• any other Personal Information relevant to the Services we provide to you or any decision we make whether to provide a Service to you.4.2 Vehicle tracking and locating: FlexiWheels uses GPS tracking or other electronic tools (GPS device) to enable the geographical locations of its vehicles to be tracked or located for safety and security purposes.Information from the GPS device may be used:• to provide information to the police or other authorities in the event that the vehicle is stolen or is not returned at the end of the subscription period;• in the event of an accident or incident relating to the vehicle during the subscription period, e.g. to verify the location of the vehicle at the time of the alleged accident or incident;• to identify the exact location of the vehicle in the event of a reported breakdown and to provide that location to breakdown responders (e.g., the local Automobile Association);• to identify whether the vehicle is being used in an area prohibited under the terms and conditions of subscription;• to locate the vehicle in the event of an emergency; or• for any other purpose permitted under the Privacy Act or any other law.For the purposes of vehicle tracking and locating, FlexiWheels will comply with the relevant surveillance devices legislation operating in the states and territories in Australia. 5: How do we collect the Personal Information?We aim to collect Personal Information directly from you. We may also collect Personal Information:• when you complete a form, make inquiries or apply to rent a vehicle from or through us;• from other members of the FlexiWheels Group;• from your company or organisation when you use our services under a corporate account or other arrangement;• from our program partners if you are a member of a frequent traveller or other program and rent or make inquiries of renting a vehicle through them;• from our contracted service providers;• from Credit Report bodies;• from debt collection agencies if you (or an entity you are guaranteeing) default in a payment to us;• through our website, electronic systems such as applications and by other electronic communication channels (e.g. when you send us an email or post an entry on our Facebook page or other social media sites);• from third parties, including competent authorities in charge of managing fines for traffic violations;• from publicly available sources of information;• when we are required to do so by law;• when you log onto or connect to our Website and our server automatically records information your browser sends (e.g. your IP address, how and when you travel through our Website, the pages and documents accessed information about your usage (e.g. by way of cookies) and other information provided by downloading information from our website). However, unless your name is part of your email address or you specifically provide it, our server does not automatically collect this information; and;• when you enter a competition or promotion with us, participate in a survey or register to receive information from us or register to receive information on any of our Services.If at any time you supply Personal Information to us about any other person (e.g. another member of your household or you post a photo on our Facebook page), you are responsible for ensuring you are authorised to do so and that the relevant person has consented to the disclosure to us. 6: CCTV and other imagingWe may film vehicles as they exit and re-enter a subscription station for security purposes and to confirm the condition of the vehicle and to identify any damage which may have occurred during the subscription period. Any film taken of the vehicle may be high resolution and may include images of the occupants of the vehicle from which it may be possible to identify the occupants of the vehicle. Any filming of the occupants is purely incidental. The film will be used for the purpose of identifying damage, recovering payment for any damage and any other purpose authorised under the Privacy Act.For security purposes we have CCTV cameras in some of our locations and your image may be recorded. 7: How do we use your Personal Information?We use the Personal Information we collect for operational purposes and for other related purposes, including to:• create and manage your customer account;• provide our Services or decide whether to provide a Service;• manage your reservation and subscription contract, in particular for confirming, modifying or cancelling your reservation, communicating with you regarding your reservation and subscription, managing your payment, invoices and the collection of any amounts due, managing claims, and purchasing insurance for the vehicle;• verify the accuracy of the information (including Personal Information) you provide to us when renting a vehicle, for example validation of your driver's licence;• fight against credit card fraud;• comply with our contractual and other legal obligations;• respond to medical emergencies;• process your inquiries and improve our Services;• advise you of additional services or information which may be of interest to you;• develop our products and services;• decide whether to provide you with credit if you have requested credit from us (as further detailed in section 8 of this Privacy Policy);• manage commercial documentation such as customer invoices, purchase orders and electronic contracts;• verify that you are not recorded on any Sanction List so that we are able to comply with any applicable Australian sanctions laws;• manage fines for traffic offences, including transferring relevant data to the third party administrative body;• manage and maintain a list of clients with certain contractual risks, with regard to payment incidents resulting in legal proceedings, traffic incidents, repeated damage, incivilities towards our employees, and the use of our vehicles in violation of the general subscription conditions;• improve the quality of your visit to our Website;• analyse navigation data on our website and mobile applications;• conduct business development and marketing activities, such as satisfaction surveys to improve the customer experience;• send you our newsletters or email alerts unless you have opted out of receiving such communications;• manage your participation to a competition or a prize draw; and/or• contact you in the context of the services that you have requested through the website. 8: Credit informationThis section applies if you apply for credit from us or you are a guarantor or officer of a company to whom we provide credit.10.1 Credit Reporting Bodies: To assist us in assessing your credit worthiness, we may provide information about you to a Credit Reporting Body (CRB) in order to obtain a Credit Report from the CRB. The information provided to the CRB includes Personal Information required to enable the CRB to provide us with the Credit Report. If we decide to provide credit to you, we may also provide information to the CRB about the credit that we provided to you. The information that we may provide to a CRB may include:• personal particulars (e.g. your name, sex, address, previous addresses, date of birth, name of employer and your driver's licence number);• details concerning your application for credit or commercial credit and the amount requested;• advice that we are a current credit provider to you;• advice of any overdue accounts, loan repayments and / or any outstanding monies are no longer overdue in respect of any default that has been listed;• that your overdue accounts loan repayments or any outstanding monies are no longer overdue in respect of any default that has been listed;• information that, in our opinion you have committed serious credit infringement (that is fraud or you have shown an intention not to comply with your credit obligations);• advice that cheques drawn by you or payments made by you for one hundred and fifty dollars ($150.00) or more, have been dishonoured more than once; or• that credit provided to you by us has been paid or otherwise discharged.A Credit Report may include information about previous applications for credit and credit that has been provided. It may include payment and default information, including information about court judgments or insolvency.You may request access to any Credit Information that we hold about you, or you may request that we update, correct, or delete such information. We will deal with any such request in accordance with section 14 of this Privacy Policy.You may request the CRB not to use or disclose your Credit Information in some circumstances, e.g. if you believe you are or have been a victim of fraud.If you wish to complain about how we have dealt with any of your Credit Information you may contact our Privacy Officer and you may also complain to the Office of the Australian Information Commissioner. Relevant contact details are in section 16 of this Privacy Policy.10.2 Use or disclosure of Credit Information: We may use or disclose Credit Information for the following purposes:• to assess an application for credit or for any other consumer credit related purpose;• we believe on reasonable grounds that a serious credit infringement has been committed and the information is used in connection with that infringement; or• the use is required or permitted by law. 9: Direct MarketingWe may use and disclose your Personal Information to provide you with information on offers, products and services offered by FlexiWheels, its Related Entities, franchisees and licensees, its partners or affiliates. We will do this where we have collected your Personal Information directly from you and it would be reasonably expected that your Personal Information would be used for direct marketing purposes.We do not use Sensitive Information for marketing purposes.If at any time you no longer wish to receive any marketing material from us that is sent to you in electronic form, you can unsubscribe from receiving such marketing material by clicking on the unsubscribe link and following the prompts. You can also request that we do not use or disclose your Personal Information for marketing purposes at any time by contacting our Privacy Officer. 10 Disclosure of personal informationWe may be required to disclose your Personal Information by law, by court order or to investigate suspected fraud or other unlawful activity.We may also disclose your Personal Information to third parties in certain circumstances including:• if you agree to the disclosure;• when we use it for the primary purpose for which it was collected, e.g. to provide you with Services;• if you would reasonably expect us to disclose the information for a secondary purpose related to the primary purpose;• where disclosure is required or permitted by law;• to our Related Entities, in accordance with the Privacy Act;• if disclosure will prevent or lessen a serious or imminent threat to someone's life or health; or• where it is reasonably necessary for an enforcement related activity.We do not disclose Sensitive Information about you unless you expressly agree or the disclosure is directly related to the primary purpose of collection of the information.For example, Personal Information may be disclosed to:• our employees, authorised representatives, other companies of the FlexiWheels Group and franchise network, agents and intermediaries mandated to provide you with our products and services;• our subcontractors, in particular our IT service providers for hosting, maintenance or development purposes, who assist us in providing you with our products and services or collection agencies which help us recover unpaid orders;• insurance services companies to purchase and manage insurance for your vehicle;• advertising agencies, marketing agencies, social networking and digital agencies to help us carry out advertising, marketing and sales campaigns and to analyse the effectiveness of these campaigns;• certain agencies where necessary for the processing of fines. 11 Considerations when you send information to usWhile we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification, or disclosure, including investing in security software, no data transfer over the Internet is 100% secure.The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.While we are not in a position to give you advice on Internet security, if you provide Personal Information to us electronically (e.g. by way of our Website or using an electronic system such as an application), there are some things you can do which may help maintain the privacy of your information, including:• ALWAYS closing your browser when you have finished your session;• NEVER providing Personal Information when using a public computer; and• NEVER disclosing your user name and password to another person.You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.You should also contact us immediately if you believe:• someone has gained access to your Personal Information;• we have breached our privacy obligations or your privacy rights in any way; or• you would like to discuss any issues about our privacy policy. 12: How your information is storedWe endeavour to keep our information systems and files secured from misuse, interference, loss, unauthorised access, unauthorised modification and unauthorised disclosure. Those who work with us are aware of the importance we place on protecting your privacy and their role in helping us to do so.Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.Our systems are configured with data encryption, or scrambling technologies, and industry-standard firewalls. When you send personal information to our websites over the Internet, your data is protected by security technology to ensure safe transmission.Any credit card transaction you make through our websites is done through our secure server technology. This technology notably:• assures your browser that your data is being sent to the correct computer server, and that the server is secure;• encodes the data, so that it cannot be read by anyone other than the secure server; and• checks the data being transferred to ensure it has not been altered.When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes. 13: Access to and correction of your Personal InformationYou may request access to your Personal Information or that we correct any inaccurate or out of date information by contacting our Privacy Officer using the details in section 16 below. We will provide reasonable assistance to all persons in making an access or correction request – and deal with all requests in accordance with our internal policies and procedures and the Privacy Act.We may refuse to comply with your request where we are entitled to do so under law. If we do not agree to your request for access to, or correction of, your Personal Information, we will give you a written notice of refusal setting out the reasons for the refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.Where we agree to provide you with access to your Personal Information, we may make this conditional on us recovering our reasonable costs of doing so. For security purposes, before we provide you with access to your Personal Information, we may ask you to provide evidence of your identity.You may request the source of any of your Personal Information that we have collected from a third party and used for direct marketing. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld, this may include where it is impractical or unreasonable for us to provide this information. 14: Notifiable data breachesA notifiable data breach scheme is currently in place in Australia Bridgestreet Corporation Pty Limited is committed to adhering to this scheme as an important step in preventing and managing serious privacy breaches.A "data breach" means unauthorised access to, or disclosure, alteration, loss, or destruction of, Personal Information or an action that prevents us from accessing Personal Information on either a temporary or permanent basis.An "eligible data breach" occurs when there is a data breach, that is likely to result in serious harm to any of the individuals to whom the information relates, and we are unable to prevent the likely risk of serious harm with remedial action.We, including all our people, take breaches of privacy very seriously. If we suspect a privacy breach has occurred, our priority is to contain and assess the suspected breach. In doing so, we will:• take any necessary immediate action to contain the breach and reduce the risk of harm;• determine the cause and extent of the breach;• consider the types of information involved, including whether the personal information is sensitive in nature;• analyse the nature of the harm that may be caused to affected individuals;• consider the person or body that has obtained or may obtain personal information as a result of the breach (if known); and• determine whether the Personal Information is protected by a security measure.If we believe an eligible data breach has occurred, we will, as soon as practicable:• notify the Commissioner;• notify all affected individuals; or• if it is not possible to notify affected individuals, provide public notice of the breach (in a manner that protects the identity of affected individuals). 15: Changes to our Privacy PolicyThis document sets out our current Privacy Policy. Our Privacy Policy will be updated from time to time. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information. 16: Contact detailsIf you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others (including if you wish to complain about how we have dealt with your personal information), please contact us by contacting our Privacy Officer at:• Attention: The Privacy Officer• Mail: Lennock FlexiWheels• 150 Melrose Drive• Phillip, ACT, 2626, AUSTRALIA• Email: info@lennockflexiwheels.com.au - (mark the email for the attention of the Privacy Officer).We will aim to respond to your query within 30 days.More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:• Website: www.oaic.gov.au• Post: GPO Box 5218, Sydney NSW 2001• Email: enquiries@oaic.gov.au
Meaning of terms in this agreement“Authorised Driver/s” means the person/s listed as “The Driver” and/or “Additional Drivers.”“Business Hours” means the hours of operation of the Subscription location from which the Vehicle is taken or to which it is returned, and which are posted on the FlexiWheels website or at the Subscription location.“Collision or Damage Report Form” is a form provided to you by FlexiWheels, in the event of an accident or any claim involving the Vehicle, that you are required to furnish if you have information about the accident, damage or loss involving the Vehicle or any third party property.“Contract Fee” means the fee charged by FlexiWheels to establish the Subscription Agreement.“Credit Card Fee” means the fee charged by FlexiWheels when payment of the Subscription is made by a credit card. For details refer to the “paragraph Standard Fees and Charges”.“Driver Indemnity Statement” is a form provided to you by FlexiWheels, in the event of an accident or claim involving the Vehicle, that you are required to furnish and sign if you have no knowledge of how the damage or loss was caused to the Vehicle.“Loss or Damage Liability” or “LDL” means the amount you agree to pay immediately in case of loss or damage to the Vehicle or to another vehicle or property or any third party property regardless of fault.“Per Week or Month” means the charge for each 7 day week or calendar month or part thereof beginning at the “Time Out” stated on the Subscription Agreement.“Permitted Area of Use” means the area in which the Vehicle may be driven. The Permitted Area of Use is limited as follows.For those Vehicles-taken outside the Northern Territory and Western Australia, the Permitted Area of Use does not include the Northern Territory or Western Australia.The Permitted Area of Use in Queensland does not include any place further north than Cooktown (15°30’S / 145°16’E) or in a westerly direction beyond Chillagoe (17°07’S / 144°33’E) and Georgetown (18°17’S / 143°33’E). The Permitted Area of Use does not include the ‘Bloomfield Track’ coastal route between Cape Tribulation (16°05’S / 145°29’E) and Cooktown (15°30’S / 145°16’E) or Fraser Island or Stradbroke Island.The Permitted Area of Use in South Australia does not include any place further north than Wilpena (31°25’S / 139°29’E), or in a westerly direction beyond Ceduna (32°07’S / 133°46’E).The Permitted Area of Use does not include any area of Snow or Ice Conditions.“Premium Roadside Assistance” means FlexiWheels will provide for a free roadside assistance benefit not included in its standard roadside assistance coverage.“Probationary Driver’s Fee” means a fee that will be charged to drivers who have a Provisional or Probationary licence. For details refer to the “paragraph Standard Fees and Charges”.“FlexiWheels”, “We”, “Our” or “Us” means Bridge Street Corporation Pty Ltd (ABN 57 143 462 793) T/A FlexiWheels and their licensees, franchisees, agents and authorised representatives.“FlexiWheels address” shall mean FlexiWheels’ address as stated on the Subscription Agreement or if no such address is stated, the place from which Vehicle was taken.“Registration Recovery Fee” or “RRF” means the fee charged by FlexiWheels to recover the cost of registration of the Vehicle.“Subscription Period” means the period beginning at Time Out and ending at Time In.“Remote Location” means a location determined by FlexiWheels as an isolated community and will have limitations on kilometers, offer different liability provisions, not be permitted to drive on unsealed roads and subject to Our Single Vehicle Accident policy.“Single Vehicle Accident” means an accident not involving a collision between the Vehicle and another vehicle. Should you be involved in a multi-vehicle accident and be unable to fully identify both the other vehicle/s licence plate and the other driver including licence details, address and proper contact information the accident is a Single Vehicle Accident.“Snow or Ice Conditions” means above the line of snow where there is snow or ice on roads or adjacent areas or, during the period 1st May until 31st October of any year in snow prone areas, in conditions where any authority has advised there is snow or ice on the roads, above 800m above sea level or, any area where it is indicated or required that snow chains are to be carried or fitted to the tyres of the Vehicle.“Subsequent Loss or Damage Liability” or “SLDL” means the amount you agree to pay immediately in each case of subsequent loss or damage to the Vehicle or to another vehicle or any third party property regardless of fault.“Time In” means the actual time and date when you return or you are deemed to have returned the Vehicle to FlexiWheels.“Time Due In” means the time and date agreed by you and FlexiWheels as to when the Vehicle is to be returned to FlexiWheels as stated on the Subscription Agreement.“Time Out” means the time and date when you take out the Vehicle for hire as stated on the Subscription Agreement.“Toll Roads” means roads, motorways, bridges and tunnels where use is subject to a toll which may be paid by an Electronic Toll Road Pass (E-Tag).“TOL” means the fee that FlexiWheels will charge you for unlimited use of an E-Tag.“Unreported Damage” means any damage to the Vehicle in which you have not duly completed a Collision Damage Report Form or Driver Indemnity Form.“Unsealed Road” means a gazetted vehicular road that does not have a hard sealed surface material such as tar, bitumen, asphalt or concrete. For example, a gravel road is an Unsealed Road. A narrow road where any of the Vehicle’s wheels must leave the sealed surface to pass or overtake another vehicle is an Unsealed Road.“Unsealed Road Loss or Damage Liability “or “ULDL” means the additional amount payable in the event of loss or damage occurring while driving on an Unsealed Road. The Unsealed Road Liability is payable in addition to the Loss or Damage Liability shown on Part A of the Subscription Agreement.“Vehicle” means the Vehicle described on the Subscription Agreement including all its parts, components, keys, accessories, contents, tools and equipment as well as any replacement Vehicle.“Vehicle Check In Report” details the existing damage and any new damage to the Vehicle at Time In“Vehicle Check Out Report” refers to the existing damage on the Vehicle at Time Out“You” or “your” means the person(s) or entity identified as the “Driver” on the Subscription Agreement and any additional or authorised drivers.“Young Drivers Fee” means a fee charged to drivers between the ages of 21 and 24 inclusive. For details refer to the “paragraph Standard Fees and Charges”. MILEAGE LIMITATION1.1 Our vehicles are limited to a maximum of 2,600km in any one month. A portion of this will be allocated as FREE mileage as per your subscription contract. 1.2 Any mileage over the FREE mileage will be charged at $0-50 per kilometer. 1.3 It is considered a breach of your subscription agreement, should you exceed the maximum allowed mileage in any one month unless you have received, in writing, an authorisation from FlexiWheels to exceed this maximum allowance. 1.4 We audit mileage on a 3 month basis and any excess mileage will need to be paid for the three month period. Mileage will reset every 3 months. WHO MAY DRIVE THE VEHICLE?2.1 You must ensure that only Authorised Driver/s will drive the Vehicle.2.2 An Authorised Driver must be 21 years of age or older. 2.3 An Authorised Driver must have signed the subscription contract and produced their driver’s licence.2.4 An Authorised Driver must be currently licensed to drive the type of Vehicle that is being taken.2.5 Learner drivers and drivers with less than 12-months experience as a licenced driver are not permitted to drive the Vehicle at any time.
PROHIBITED USE OF VEHICLEIt is prohibited:3.1 for the Vehicle to be taken or driven outside the Permitted Area of Use.3.2 to carry persons or passengers for payment.3.3 to carry a greater number of persons than the number of seatbelts provided in the Vehicle and/or for a purpose for which the Vehicle was not designed and constructed.3.4 to carry any inflammable, explosive or corrosive materials in the Vehicle.3.5 to carry goods, without all necessary approvals, permits, licences and government requirements (If any such are required they must be obtained at your cost).3.6 to carry goods otherwise than in accordance with the Vehicle manufacturer’s recommendations.3.7 to use the Vehicle to push or tow any vehicle, trailer, boat or other object.3.8 to drive the Vehicle Off-Road or anywhere other than a gazetted man-made road.3.9 to use the Vehicle in racing or other motorsport or motorsport like activities, including pace making, reliability trials, speed trials, hill climbing or in testing in preparation for those activities.3.10 for the Vehicle to be driven on beaches or through streams, dams, rivers, or flood waters (including water caused by flash flooding, riverine flooding, stormwater flooding and actions of the sea), bush fire affected areas or any roadway where the Police or any other Government authority have issued a warning or caution.3.11 to use the Vehicle in Snow or Ice Conditions or above the snow line during periods of snow.3.12 to use the Vehicle in contravention of any legislation or a regulation controlling vehicular traffic.3.13 to carry animals in the Vehicle.3.14 to use the Vehicle in a dangerous manner or for illegal purpose or when it is damaged or unsafe.3.15 to smoke in the Vehicle.3.16 to drive the Vehicle on an unsealed road if collected from a Remote Location.
FUEL, MAINTENANCE, SECURITY, SAFETY AND REPAIR4.1 You agree to compensate FlexiWheels for any new loss or damage sustained or resulting from your use of the Vehicle. Where you have identified a third party responsible for the new damage and FlexiWheels has been able to obtain full compensation from the third party FlexiWheels will not hold you liable to compensate if for the damage.4.2 If you return with less than a full tank of fuel, FlexiWheels will charge you a Fuel and Service charge at the applicable per liter rate specified on the Subscription Agreement.4.3 You must:(a) maintain all of the Vehicle’s engine oils and engine coolant levels at the manufacturer’s recommended levels,(b) report to FlexiWheels any defect in the vehicle of which you have become aware,(c) maintain tyre pressures at manufacturers recommended levels,(d) keep the Vehicle locked and the keys under your personal control at all times and produce such keys if the Vehicle has been stolen,(e) follow any reasonable instruction given by FlexiWheels relating to the Vehicle, including recalls, maintenance instructions and car swaps for safety reasons.(f) if refueling the Vehicle ensure only the correct grade and type of fuel recommended by the manufacturer of the Vehicle is used.4.4 you must not repair nor have repairs to the Vehicle carried out unless FlexiWheels authorises you to do so or where there is an emergency and FlexiWheels’ consent cannot reasonably be obtained. FlexiWheels will only reimburse you for the cost of repairs if you submit the original receipts for those repairs and FlexiWheels is reasonably satisfied that the repairs occurred and the claimed amount is reasonable.4.5 When driving on an Unsealed Road you must never exceed the sign posted speed limit or 50 KMH, whichever is the lesser. Vehicles collected from Remote Locations are not permitted to drive on an Unsealed Road.
YOUR FINANCIAL OBLIGATIONS TO FLEXIWHEELS5.1 At the beginning of the Subscription Period, you must pay all Subscription charges, all elected options nominated on the Subscription Agreement, goods and services tax (GST), stamp duty or any other tax, duty, surcharge, levy, fee, or charges imposed by Local, State or Federal government that are applicable to this Subscription Agreement and provide a security bond by credit card. Details of the security bond requirements are set out in Security Bond Information (see Schedule 2).5.2 Should you wish to extend the Subscription period you must request an extension by contacting FlexiWheels prior to the Time Due In and if granted make additional payments for the new charges. Subscription extensions are payable in advance.5.3 At the end of the Subscription Period, you must pay all additional charges due and payable. You agree to accepting all laibility for these charges.5.4 If you pay for the subscription of the Vehicle by directing FlexiWheels to bill charges to a charge account or to some other person, corporation, or entity who or which fails to make payment when called upon by FlexiWheels, you hereby accept that you are primarily liable and you will immediately pay the full amount due to FlexiWheels on demand.5.5 From the end of the Subscription Period:(a) you must pay any charges and obligations not already paid but for which you are liable to pay in this Subscription Agreement.(b) you will be charged interest at the rate of 10% per annum calculated on a daily basis on all outstanding accounts or charges until fully paid.5.6 Failing to pay any fees due for your subscription of a FlexiWheels car will result in your subscription being terminated and as such the FlexiWheels cars must be returned immediately upon notification of this cancellation.5.8 Additional charges will be levied for payments made by credit card as shown in the paragraph Standard Fees and Charges.5.9 All charges are in Australian Dollars (AUD) unless otherwise stated. No compensation will be given for exchange rate fluctuations between the dates of charge and refund processing.
RETURN OF VEHICLE6.1 you must return the Vehicle to FlexiWheels:At the end of your subscription contract or termination of your contract, failing to do this will result in FlexiWheels recovering the car by third part contractors or the authorities and all costs associated with the recovery of the FlexiWheels car will be for your account and responsibility. You are to return the car:(a) during business hours of the return location (which are displayed at the location, or as available on www.FlexiWheels.com.au),by the Time Due In stated on the Subscription Agreement, unless you have requested an extension before the Time Due In and it has been agreed to by FlexiWheels.(b) If you return the Vehicle outside of the return locations business hours you will be deemed to have returned the Vehicle and the Subscription charges will continue and you will continue to be liable for damages until that location next opens for business.(c) At FlexiWheels’ address unless another place is stated on the Subscription Agreement or agreed with FlexiWheels.6.2 If you return the Vehicle to a location other than that stated in Part A of the Subscription Agreement, a relocation charge will apply as shown in the paragraph “Standard Fees and Charges”.6.3 If you return the Vehicle to FlexiWheels prior to the Time Due In you shall not be entitled to a refund from FlexiWheels except where your Subscription rate package provides for an early return refund in the event of early return with such provision stated in Part A of the Subscription Agreement and you have made payment of the Subscription charges in full directly to FlexiWheels. TERMINATION OF THIS SUBSCRIPTION AGREEMENT7.1 FlexiWheels may terminate the Subscription Agreement and require the immediate return of the Vehicle or re-possess the Vehicle, without notice if FlexiWheels has a reasonable ground to believe that:(a) You have breached a term or condition of the Subscription Agreement (b) We become aware of any fraudulent conduct by You.(c) You cease to meet the Eligibility Criteria.(d) You have illegally parked the Car for longer than 24 hours.(e) You have committed a reckless breach of road or traffic legislation.(f) The Car is apparently abandoned.(g) It is likely that you may cause damage to the Vehicle or harm to a person or damage to property through your use of the Vehicle.(h) the Car has not been returned at the time, date and place agreed between You and Us(i) the Car has not been returned at a Return Appointment that had already been rescheduled twice; or within 7 days of the original Return Appointment; whichever is earlier, regardless of whether You have provided notice that the Car will not be returned at each Return Appointment.7.2 Repossession of the Vehicle(a) If We terminate this Agreement (for any reason) we may arrange for the vehicle to be returned; or we may repossess the vehicle from You or the Approved Driver and You will be liable for the cost of repossession.(b) If We terminate this Agreement (for any reason), we may require that You return the vehicle on or before the expiry of the notice period given by us for the cancellation of the agreement and if the vehicle is not returned on or before the expiry of that notice period, we may immediately repossess the vehicle without further notice to You; If We 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 in repossessing the vehicle and/or recovering any payments in arrears from You (including towing costs).7.3 In any case in 7.1, you must pay FlexiWheels, reasonable costs of retaking the Vehicle plus all other costs and charges under the Subscription Agreement.7.4 FlexiWheels will use its best endeavors to re-subscribe the vehicle after taking possession of it. In the event it is successful in doing so FlexiWheels will return to you any monies held in regard of days not used by you for which it has re-subscribed the Vehicle less any variation between the rate at which the Vehicle has been re-subscribed and the rate you were paying for the unused days.
YOUR LIABILITY8.1 FlexiWheels does not in any way represent itself to you as carrying on the business of insurance.8.2 In the event of FlexiWheels suffering any loss as a consequence of your use of the Vehicle you are liable for the following:(a) The reasonable cost of repairs to the Vehicle or the finance payout value of the Vehicle at the time of loss whichever is the lesser provided the finance payout value is not less than the market value of the Vehicle at the time of loss in which case the market value of the Vehicle shall prevail;(b) The reasonable legal expenses, debt recovery charges, appraisal and assessment fees, towing and Vehicle recovery, storage and service charges;(c) The damage or consequential third party damage to the property of any person, which arises from or is contributed to by your use of the Vehicle;(d) The loss of use of the Vehicle including FlexiWheels’ consequential loss;(e) FlexiWheels’ Claims Administration Fee for administration and debt recovery in relation to your loss or damage claim as shown in the paragraph “Standard Fees and Charges” and,(f) FlexiWheels’ Traffic Infringement Administration Fee or Toll Road Administration Fee as set out in the paragraph “Standard Fees and Charges” for each traffic or parking infringement or unpaid toll road notice it receives as.8.3 Your liability for the charges specified in clause 8.2 shall not exceed the Loss or Damage Liability unless:(a) You have seriously breached any term or condition of this Subscription Agreement and that breach has a causal link to loss or damage.(b) The Vehicle or any third party property is damaged by loading or unloading goods or by a person stepping, standing or sitting on the roof or on any other panel of the Vehicle.(c) The Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle.(d) The Vehicle is totally or partially immersed in water as a result of driving into flood waters or a flooded area or on a submerged road or by not taking reasonable care not to park the Vehicle where it may be subject to water immersion.(e) The interior of the Vehicle is damaged regardless of the cause except as a result of collision damage.(f) Any original component or accessory of the Vehicle is missing or has been replaced without FlexiWheels’ approval.(g) You have failed to secure any load or equipment which leads to loss or damage to the Vehicle or to any third party property caused by any part of the load or equipment.(h) You fail or neglect to take reasonable steps to protect the safety of the Vehicle during or after the occurrence of an accident or breakdown (including following any reasonable instructions given by FlexiWheels).(i) The claim relates to property (including another vehicle) you or any member of your family owns or has physical, legal custody or control of.(j) you refuse to take a breath or blood test or your blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle or you are under the influence of a drug that would prohibit you from driving under any law applicable in the State or Territory in which you are driving at the time of the event resulting in the loss.(k) The loss is caused by your use or intended use of the Vehicle for an illegal purpose.(l) You willfully or maliciously damage the Vehicle.(m) The loss is caused by your willful contravention of any legislation or regulation controlling vehicular traffic.(n) You drive on an Unsealed Road in which case your liability for Loss or Damage will be increased by the amount of the Unsealed Road Loss or Damage Liability as shown on Part A of this Subscription Agreement.(o) More than one accident or incident occurs. Should more than one accident or incident occur your liability for each subsequent incident (after the first) will be the Subsequent Loss or Damage Liability noted on your Subscription Agreement Part A for each subsequent incident.(p) The Vehicle is missing or stolen and you have not kept the Vehicle locked when not in use, the keys under your personal control or you have not produced and returned the keys to FlexiWheels.(q) You give the Vehicle to or permit any person/s to drive the Vehicle who is not an Authorised Driver and as a result cause Loss or Damage to the Vehicle.8.4 For more information on your Loss or Damage Liability see the Vehicle Damage Monitoring and Repair Policy and Procedure which is Schedule 1 to this Subscription Agreement. The Vehicle Damage Monitoring & Repair Policy and Procedure affects your interests and FlexiWheels interests under this Subscription Agreement.
YOUR OBLIGATION TO INDEMNIFY FLEXIWHEELS9.1 FlexiWheels’ services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for purpose. Subject to FlexiWheels meeting these obligations you agree:(a) to release and indemnify FlexiWheels from and compensate it for any claim you make for loss or damage of any personal property which has been:(i) stored in the Vehicle,(ii) stolen from the Vehicle,(iii) otherwise lost during the Subscription Period,(iv) left in the Vehicle after it has been returned to FlexiWheels;(v) stored or left at FlexiWheels’ premises.(b) to indemnify FlexiWheels for any third-party claims arising from your use of the Vehicle if the claim arises from your serious breach of the Subscription Agreement.
YOUR OBLIGATION IN CASE OF AN ACCIDENT OR ANY CLAIM10.1 Where the use of the Vehicle by you, 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 or if the Vehicle has been stolen, you must:(a) Immediately report such incident to the local police and FlexiWheels (b) Immediately furnish FlexiWheels with a fully and accurately completed, legible and signed Collision or Damage Report Form or Driver Indemnity Statement. Failure to submit either form within seven days of any incident will constitute a serious breach of this Subscription Agreement(c) Immediately pay FlexiWheels the amount shown on Part A of the Subscription Agreement as Loss or Damage Liability plus the Unsealed Road Loss or Damage Liability if applicable.(d) Complete and furnish to FlexiWheels within a reasonable time any statement, information or assistance which FlexiWheels or its insurer may reasonably require, including attending at a lawyer’s office and at court to give evidence. Your reasonable expenses will be reimbursed.(e) Not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.(f) Permit FlexiWheels or its insurers at its own cost to bring, defend, enforce or settle any legal proceedings against a third party;(g) Forward to FlexiWheels any claims or correspondence from third parties within seven days of receipt.10.2 In the event that you report the Vehicle stolen you must return the keys to FlexiWheels immediately.
SEVERABILITY11.1 In case any clause or part of a provision of this Agreement is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause shall be read down only to the extent necessary to make it valid, legal, lawful or enforceable; and11.2 If it cannot be read down, it is deemed to be severed from this Agreement and of no force and effect, and(a) all other clauses or parts of clauses of this Agreement shall nevertheless prevail and remain in full force and effect, be valid and fully enforceable and(b) no clause or parts of clauses of this Agreement shall be construed as being dependent upon another clause or part of a clause unless so expressed herein.
TOLL ROADS12.1 If the Vehicle is fitted with an Electronic Toll Road Pass (E-Tag) at the time of entering into this Subscription Agreement you may choose to use the E-Tag (the TOL option).12.2 If you chose to use the E-Tag at the time of entering into this Subscription Agreement the notation “TOL” shall be made on Part A of this Subscription Agreement, and:(a) you will be charged a fee as shown in the paragraph Standard Fees and Charges; and(b) you shall have unlimited use of the E-Tag on all Toll Roads.12.3 If you have not chosen the TOL option and FlexiWheels is notified by a Toll Road operator that the E-Tag has been recorded as having passed through an electronic toll point you will be charged by FlexiWheels per toll point (refer to paragraph Standard Fees and Charges).12.4 The E-Tag is fixed and must not be removed. FlexiWheels do not facilitate the use in the Vehicle of E-Tags other than its own. If you use your own E-Tag in the Vehicle you will still be charged the relevant fee by FlexiWheels if FlexiWheels’ E-Tag is recorded as having passed through the electronic toll point.12.5 If the E-Tag is not returned with the Vehicle at the end of the Subscription you will be charged for its replacement. For details refer to the “paragraph Standard Fees and Charges”.
PRIVACY POLICYFlexiWheels has a Privacy Policy which is a separate document below this, and a copy is available at our offices. The Privacy Policy outlines FlexiWheels’ personal information management practices including how FlexiWheels intends to collect, use, or disclose your personal information. We draw your attention to section 4.2 of our privacy policy and the use by FlexiWheels of vehicle GPS tracking devices or in car software tracking and information. By subscribing to a FlexiWheels vehicle, you expressly consent to FlexiWheels using tracking devices on the vehicle during the subscription period and collecting, using, and retaining information from the tracking devices in accordance with our Privacy Policy. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Car. FlexiWheels may transfer your personal data to entities in the Lennock Motors group located in Australia, which adhere to the Safe Harbor principles. The Lennock Motors group may use your personal data to (i) provide effective services, (ii) conduct analytic and/or direct marketing activities, (iii) allow Lennock Motors group to undertake customer satisfaction surveys by e-mail or by contacting you on your mobile phone or other number listed on the Subscription agreement or otherwise provided to Lennock Motors group, and (iv) to respond to legal requirements or claims (e.g. request from law enforcement agencies), enforce local policies, protect the rights, property, or safety of others. By providing your personal information to us, you consent to our disclosure of your personal information as set out.
STANDARD FEES AND CHARGESInsurance excess $4,000-00Cleaning Fee $150-00Refuelling: Current 95 Octane price plus $50-00Smoke Cleansing: $900-00Pet Hair Removal: $300-00Lost Key: from $850-00Toll Fees and Traffic infringements: Full Toll and Traffic Infringement fee plus Admin fee of $30-00Late Payment Fee: $20-00Vehicle Relocation Fee: $900-00 Charge card fees 1,95%
GENERAL PROVISIONSWords used in this Subscription Agreement to denote singular words include the plural.These Schedules to this Subscription Agreement are part of this Subscription Agreement. PRIVACY POLICY DOCUMENT 1: Protecting your privacyThe FlexiWheels vehicle subscription scheme is owned by Bridge Street Corporation Pty Ltd. For the purposes of this Privacy Policy, FlexiWheels refers to Bridge Street Corporation Pty Ltd and our related entities (We, Us).This Privacy Policy applies to all your dealings with us whether at our office, through our call centres or via our Websites.We draw your attention to section 4.2 of our policy and the use by FlexiWheels of vehicle GPS tracking devices or in car software tracking and information. By subscribing to a FlexiWheels vehicle, you expressly consent to FlexiWheels using tracking devices on the vehicle during the subscription period and collecting, using and retaining information from the tracking devices in accordance with our Privacy Policy.You accept this Privacy Policy and expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy by using our Websites, enquiring about our Services or acquiring our Services.This document provides you with information on how we collect, use, store and disclose your personal information. If you want more information, please use the contact details set out in section 19 of this Privacy Policy. 2: DefinitionsIn this policy:• APPs means the Australian Privacy Principles under the Privacy Act.• Credit Information means Personal Information that we obtain from a Credit Reporting Body (including any information derived from such information) or any information we provide to a Credit Reporting Body.• Credit Report means a report from a Credit Reporting Body the primary purpose of which is to assist with the assessment of the creditworthiness of an individual.• Credit Reporting Body has the meaning given in section 8 of this Privacy Policy.• Personal Information has the meaning given under the Privacy Act.• Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.• Privacy Officer means FlexiWheels's first point of contact for privacy related matters (the Privacy Officer can be contacted using the details in section 16 below).• Privacy Policy means this document setting out the policy of Bridge Street Corporation Pty Limited relating to the privacy of your Personal Information.• Related Entities has the same meaning as under the Corporations Act 2001 (Cth).• Sanction List means the consolidated list of designated individuals and organisations who are subject to targeted financial sanctions under Australian sanctions law, as issued and amended from time to time by the Department of Foreign Affairs and Trade.• Sensitive Information has the same meaning as under the Privacy Act.• Services means the offers and services provided by us, including vehicle subscription services and the FlexiWheels privilege loyalty programs.• Website means www.lennockflexiwheels.com.au and other websites and forms of social media where you post comments, or we interact with you.The meaning of any general language is not restricted by any accompanying example and the words 'includes', 'including', 'such as', 'for example' or similar words are not words of limitation. 3: What is Personal Information?Personal Information is defined in the Privacy Act as information or opinion about an identified individual (or an individual who is reasonably identifiable) whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.Sensitive Information is a subset of Personal Information that is afforded higher levels of protection under the Privacy Act. It includes information or opinion about an individual's racial or ethnic origin, political opinion, religious beliefs, sexual orientation, criminal record or health information.
4: What Personal Information do we collect and why do we need it?4.1 Personal Information we collect: To provide you with our Services, we need to collect your Personal Information. If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services, or those Services may be compromised.Depending on the nature of the Services we provide to you, the personal information we collect may include:• your name, email address, telephone numbers and address.• account identifier;• if applicable, the identification data of additional driver(s): name, email address, telephone numbers and address;• date of birth;• Sensitive Information, for example, if you advise us of any disability;• banking information including account details, credit card details and expiry dates;• financial data (including order forms, customer invoices, etc.);• your driver's licence number (including taking a photocopy of your licence) and state of origin, and that of any additional driver(s);• if applicable, data relating to traffic violations;• a copy of identity verification documentation (e.g., copy of passport, utility bill or Medicare card);• information on a professional group to which you belong (e.g., you may disclose that to obtain a discount available to members of that group);• vehicle preference;• company name and employee number;• contact details of individuals who can provide professional references and other information required;• credit information Credit Report from a credit reporting body (as further detailed in section 8);• reservations and subscription details including dates, times and places of vehicle subscription;• flight details if your pickup location is an airport;• information about your navigation on our website and/or our mobile applications;• information obtained from surveys you complete or from your interactions on our dedicated social media pages;• voice, audio-visual and electronic data: recordings of your communications by email, chat or telephone with our customer service department;• information relevant to vehicle damage which may include filming the vehicle at the time it is collected and returned (which may include incidental filming of the occupants of the vehicle); and• any other Personal Information relevant to the Services we provide to you or any decision we make whether to provide a Service to you.4.2 Vehicle tracking and locating: FlexiWheels uses GPS tracking or other electronic tools (GPS device) to enable the geographical locations of its vehicles to be tracked or located for safety and security purposes.Information from the GPS device may be used:• to provide information to the police or other authorities in the event that the vehicle is stolen or is not returned at the end of the subscription period;• in the event of an accident or incident relating to the vehicle during the subscription period, e.g. to verify the location of the vehicle at the time of the alleged accident or incident;• to identify the exact location of the vehicle in the event of a reported breakdown and to provide that location to breakdown responders (e.g., the local Automobile Association);• to identify whether the vehicle is being used in an area prohibited under the terms and conditions of subscription;• to locate the vehicle in the event of an emergency; or• for any other purpose permitted under the Privacy Act or any other law.For the purposes of vehicle tracking and locating, FlexiWheels will comply with the relevant surveillance devices legislation operating in the states and territories in Australia. 5: How do we collect the Personal Information?We aim to collect Personal Information directly from you. We may also collect Personal Information:• when you complete a form, make inquiries or apply to rent a vehicle from or through us;• from other members of the FlexiWheels Group;• from your company or organisation when you use our services under a corporate account or other arrangement;• from our program partners if you are a member of a frequent traveller or other program and rent or make inquiries of renting a vehicle through them;• from our contracted service providers;• from Credit Report bodies;• from debt collection agencies if you (or an entity you are guaranteeing) default in a payment to us;• through our website, electronic systems such as applications and by other electronic communication channels (e.g. when you send us an email or post an entry on our Facebook page or other social media sites);• from third parties, including competent authorities in charge of managing fines for traffic violations;• from publicly available sources of information;• when we are required to do so by law;• when you log onto or connect to our Website and our server automatically records information your browser sends (e.g. your IP address, how and when you travel through our Website, the pages and documents accessed information about your usage (e.g. by way of cookies) and other information provided by downloading information from our website). However, unless your name is part of your email address or you specifically provide it, our server does not automatically collect this information; and;• when you enter a competition or promotion with us, participate in a survey or register to receive information from us or register to receive information on any of our Services.If at any time you supply Personal Information to us about any other person (e.g. another member of your household or you post a photo on our Facebook page), you are responsible for ensuring you are authorised to do so and that the relevant person has consented to the disclosure to us. 6: CCTV and other imagingWe may film vehicles as they exit and re-enter a subscription station for security purposes and to confirm the condition of the vehicle and to identify any damage which may have occurred during the subscription period. Any film taken of the vehicle may be high resolution and may include images of the occupants of the vehicle from which it may be possible to identify the occupants of the vehicle. Any filming of the occupants is purely incidental. The film will be used for the purpose of identifying damage, recovering payment for any damage and any other purpose authorised under the Privacy Act.For security purposes we have CCTV cameras in some of our locations and your image may be recorded. 7: How do we use your Personal Information?We use the Personal Information we collect for operational purposes and for other related purposes, including to:• create and manage your customer account;• provide our Services or decide whether to provide a Service;• manage your reservation and subscription contract, in particular for confirming, modifying or cancelling your reservation, communicating with you regarding your reservation and subscription, managing your payment, invoices and the collection of any amounts due, managing claims, and purchasing insurance for the vehicle;• verify the accuracy of the information (including Personal Information) you provide to us when renting a vehicle, for example validation of your driver's licence;• fight against credit card fraud;• comply with our contractual and other legal obligations;• respond to medical emergencies;• process your inquiries and improve our Services;• advise you of additional services or information which may be of interest to you;• develop our products and services;• decide whether to provide you with credit if you have requested credit from us (as further detailed in section 8 of this Privacy Policy);• manage commercial documentation such as customer invoices, purchase orders and electronic contracts;• verify that you are not recorded on any Sanction List so that we are able to comply with any applicable Australian sanctions laws;• manage fines for traffic offences, including transferring relevant data to the third party administrative body;• manage and maintain a list of clients with certain contractual risks, with regard to payment incidents resulting in legal proceedings, traffic incidents, repeated damage, incivilities towards our employees, and the use of our vehicles in violation of the general subscription conditions;• improve the quality of your visit to our Website;• analyse navigation data on our website and mobile applications;• conduct business development and marketing activities, such as satisfaction surveys to improve the customer experience;• send you our newsletters or email alerts unless you have opted out of receiving such communications;• manage your participation to a competition or a prize draw; and/or• contact you in the context of the services that you have requested through the website. 8: Credit informationThis section applies if you apply for credit from us or you are a guarantor or officer of a company to whom we provide credit.10.1 Credit Reporting Bodies: To assist us in assessing your credit worthiness, we may provide information about you to a Credit Reporting Body (CRB) in order to obtain a Credit Report from the CRB. The information provided to the CRB includes Personal Information required to enable the CRB to provide us with the Credit Report. If we decide to provide credit to you, we may also provide information to the CRB about the credit that we provided to you. The information that we may provide to a CRB may include:• personal particulars (e.g. your name, sex, address, previous addresses, date of birth, name of employer and your driver's licence number);• details concerning your application for credit or commercial credit and the amount requested;• advice that we are a current credit provider to you;• advice of any overdue accounts, loan repayments and / or any outstanding monies are no longer overdue in respect of any default that has been listed;• that your overdue accounts loan repayments or any outstanding monies are no longer overdue in respect of any default that has been listed;• information that, in our opinion you have committed serious credit infringement (that is fraud or you have shown an intention not to comply with your credit obligations);• advice that cheques drawn by you or payments made by you for one hundred and fifty dollars ($150.00) or more, have been dishonoured more than once; or• that credit provided to you by us has been paid or otherwise discharged.A Credit Report may include information about previous applications for credit and credit that has been provided. It may include payment and default information, including information about court judgments or insolvency.You may request access to any Credit Information that we hold about you, or you may request that we update, correct, or delete such information. We will deal with any such request in accordance with section 14 of this Privacy Policy.You may request the CRB not to use or disclose your Credit Information in some circumstances, e.g. if you believe you are or have been a victim of fraud.If you wish to complain about how we have dealt with any of your Credit Information you may contact our Privacy Officer and you may also complain to the Office of the Australian Information Commissioner. Relevant contact details are in section 16 of this Privacy Policy.10.2 Use or disclosure of Credit Information: We may use or disclose Credit Information for the following purposes:• to assess an application for credit or for any other consumer credit related purpose;• we believe on reasonable grounds that a serious credit infringement has been committed and the information is used in connection with that infringement; or• the use is required or permitted by law. 9: Direct MarketingWe may use and disclose your Personal Information to provide you with information on offers, products and services offered by FlexiWheels, its Related Entities, franchisees and licensees, its partners or affiliates. We will do this where we have collected your Personal Information directly from you and it would be reasonably expected that your Personal Information would be used for direct marketing purposes.We do not use Sensitive Information for marketing purposes.If at any time you no longer wish to receive any marketing material from us that is sent to you in electronic form, you can unsubscribe from receiving such marketing material by clicking on the unsubscribe link and following the prompts. You can also request that we do not use or disclose your Personal Information for marketing purposes at any time by contacting our Privacy Officer. 10 Disclosure of personal informationWe may be required to disclose your Personal Information by law, by court order or to investigate suspected fraud or other unlawful activity.We may also disclose your Personal Information to third parties in certain circumstances including:• if you agree to the disclosure;• when we use it for the primary purpose for which it was collected, e.g. to provide you with Services;• if you would reasonably expect us to disclose the information for a secondary purpose related to the primary purpose;• where disclosure is required or permitted by law;• to our Related Entities, in accordance with the Privacy Act;• if disclosure will prevent or lessen a serious or imminent threat to someone's life or health; or• where it is reasonably necessary for an enforcement related activity.We do not disclose Sensitive Information about you unless you expressly agree or the disclosure is directly related to the primary purpose of collection of the information.For example, Personal Information may be disclosed to:• our employees, authorised representatives, other companies of the FlexiWheels Group and franchise network, agents and intermediaries mandated to provide you with our products and services;• our subcontractors, in particular our IT service providers for hosting, maintenance or development purposes, who assist us in providing you with our products and services or collection agencies which help us recover unpaid orders;• insurance services companies to purchase and manage insurance for your vehicle;• advertising agencies, marketing agencies, social networking and digital agencies to help us carry out advertising, marketing and sales campaigns and to analyse the effectiveness of these campaigns;• certain agencies where necessary for the processing of fines. 11 Considerations when you send information to usWhile we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification, or disclosure, including investing in security software, no data transfer over the Internet is 100% secure.The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.While we are not in a position to give you advice on Internet security, if you provide Personal Information to us electronically (e.g. by way of our Website or using an electronic system such as an application), there are some things you can do which may help maintain the privacy of your information, including:• ALWAYS closing your browser when you have finished your session;• NEVER providing Personal Information when using a public computer; and• NEVER disclosing your user name and password to another person.You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.You should also contact us immediately if you believe:• someone has gained access to your Personal Information;• we have breached our privacy obligations or your privacy rights in any way; or• you would like to discuss any issues about our privacy policy. 12: How your information is storedWe endeavour to keep our information systems and files secured from misuse, interference, loss, unauthorised access, unauthorised modification and unauthorised disclosure. Those who work with us are aware of the importance we place on protecting your privacy and their role in helping us to do so.Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.Our systems are configured with data encryption, or scrambling technologies, and industry-standard firewalls. When you send personal information to our websites over the Internet, your data is protected by security technology to ensure safe transmission.Any credit card transaction you make through our websites is done through our secure server technology. This technology notably:• assures your browser that your data is being sent to the correct computer server, and that the server is secure;• encodes the data, so that it cannot be read by anyone other than the secure server; and• checks the data being transferred to ensure it has not been altered.When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes. 13: Access to and correction of your Personal InformationYou may request access to your Personal Information or that we correct any inaccurate or out of date information by contacting our Privacy Officer using the details in section 16 below. We will provide reasonable assistance to all persons in making an access or correction request – and deal with all requests in accordance with our internal policies and procedures and the Privacy Act.We may refuse to comply with your request where we are entitled to do so under law. If we do not agree to your request for access to, or correction of, your Personal Information, we will give you a written notice of refusal setting out the reasons for the refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.Where we agree to provide you with access to your Personal Information, we may make this conditional on us recovering our reasonable costs of doing so. For security purposes, before we provide you with access to your Personal Information, we may ask you to provide evidence of your identity.You may request the source of any of your Personal Information that we have collected from a third party and used for direct marketing. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld, this may include where it is impractical or unreasonable for us to provide this information. 14: Notifiable data breachesA notifiable data breach scheme is currently in place in Australia Bridgestreet Corporation Pty Limited is committed to adhering to this scheme as an important step in preventing and managing serious privacy breaches.A "data breach" means unauthorised access to, or disclosure, alteration, loss, or destruction of, Personal Information or an action that prevents us from accessing Personal Information on either a temporary or permanent basis.An "eligible data breach" occurs when there is a data breach, that is likely to result in serious harm to any of the individuals to whom the information relates, and we are unable to prevent the likely risk of serious harm with remedial action.We, including all our people, take breaches of privacy very seriously. If we suspect a privacy breach has occurred, our priority is to contain and assess the suspected breach. In doing so, we will:• take any necessary immediate action to contain the breach and reduce the risk of harm;• determine the cause and extent of the breach;• consider the types of information involved, including whether the personal information is sensitive in nature;• analyse the nature of the harm that may be caused to affected individuals;• consider the person or body that has obtained or may obtain personal information as a result of the breach (if known); and• determine whether the Personal Information is protected by a security measure.If we believe an eligible data breach has occurred, we will, as soon as practicable:• notify the Commissioner;• notify all affected individuals; or• if it is not possible to notify affected individuals, provide public notice of the breach (in a manner that protects the identity of affected individuals). 15: Changes to our Privacy PolicyThis document sets out our current Privacy Policy. Our Privacy Policy will be updated from time to time. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information. 16: Contact detailsIf you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others (including if you wish to complain about how we have dealt with your personal information), please contact us by contacting our Privacy Officer at:• Attention: The Privacy Officer• Mail: Lennock FlexiWheels• 150 Melrose Drive• Phillip, ACT, 2626, AUSTRALIA• Email: info@lennockflexiwheels.com.au - (mark the email for the attention of the Privacy Officer).We will aim to respond to your query within 30 days.More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:• Website: www.oaic.gov.au• Post: GPO Box 5218, Sydney NSW 2001• Email: enquiries@oaic.gov.au