EasyWheels Conditions Of Use Of The Vehicle

9.1             Only You or an Authorised Driver may drive the Vehicle. Allowing anyone who is not an Authorised Driver to drive constitutes a Serious Breach of the Agreement that not only excludes You and the Authorised Driver from any entitlement to Damage Cover indemnity but also allows EasyWheels to take immediate possession of the Vehicle.

9.2               The Vehicle must not be driven by You or an Authorised Driver :

(a)         whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b)         recklessly or dangerously; or

(c)         whilst the Vehicle is damaged or unsafe.

9.3               You and any Authorised Driver must not:

(a)         fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b)         allow the vehicle to be driven by a provisional or probationary licence holder or learner driver

(c)         use the Vehicle:

(i)               for any illegal purpose;

(ii)                to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii)               to propel or tow another vehicle or a trailer;

(iv)               to carry illegal drugs or substances;

(v)               in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(vi)               in an unsafe or un-roadworthy condition.

9.4               You and any Authorised Driver must not:

(a)         damage the Vehicle deliberately or recklessly or allow anyone else to do so;

(b)         modify the Vehicle in any way;

(c)         sell, rent, lease or dispose of the Vehicle; or

(d)         register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

9.5               You and any Authorised Driver must not use the Vehicle to carry:

(a)         passengers for hire, fare or reward or for rideshare purposes;

(b)         more than the number of passengers for which the Vehicle is licensed; or

(c)         any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

9.6               You or an Authorised Driver must not:

(a)         use the Vehicle to transport any pets or animals except assistance animals; or

(b)         smoke in the Vehicle and You must prevent any passenger from doing so.

(c)         Additional cleaning and deodorising costs must be paid if there is a breach of this clause.

9.7               The Vehicle must never be driven on;

(a)         an Unsealed Road;

(b)         Off Road; or

(c)         above the snow line between 1 May and 31 October,

(d)         unless EasyWheels has given prior written permission.

9.8 The Vehicle must not be used in any area that is prohibited by EasyWheels. Prohibited areas include:

(a)         roads that are prone to flooding or are flooded;

(b)         beaches, streams, rivers, creeks, dams and floodwaters;

(c)         any road where the police or an authority has issued a warning;

(d)         any road that is closed; and

(e)          any road where it would be unsafe to drive the Vehicle.

9.9 The Vehicle must never be driven or used:

(a)         outside the state from which EasyWheels resides; or

(b)         onto any island that is off mainland Australia,

(c)         unless EasyWheels has given prior written permission.

9.10          You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.

9.11          You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession at all times and are never left in the ignition when the Vehicle is unattended.

9.12                You and any Authorised Driver must take reasonable care of the Vehicle by:

(a)         preventing it from being damaged;

(b)         making sure that it is protected from the weather;

(c)         maintaining the engine and brake oils and coolant level and tyre pressures;

(d)         using the correct fuel type; and

(e)         (e) making sure it is not overloaded.

9.13                You and any Authorised Driver must inform EasyWheels immediately if:

(a)         a warning light or fault message appears;

(b)         You see or become aware of low engine or brake oils, or engine coolant levels;

(c)         the Vehicle develops any fault during the Subscription Period; or

(d)         if the GPS tracking device is removed or otherwise ceases to function.

(e)         If You fail to notify EasyWheels and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

9.14                You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.

9.15          You must notify EasyWheels when Your Vehicle is due for a service and as directed by EasyWheels You must arrange to take the Vehicle to an approved service provider for the purpose of repairs or maintenance, including for the purpose of servicing the GPS tracking device.

9.16          Where EasyWheels has determined the Vehicle cannot be driven or used by You or any Authorised Driver due to repair or work on the Vehicle, a courtesy or replacement Vehicle may be provided only where the expected duration of the repair or work on the Vehicle exceeds 2 business days. A courtesy or replacement Vehicle must be collected by You from EasyWheels subject to clause 8.

9.17          Where EasyWheels has given You prior authority to repair the Vehicle You must keep and produce to EasyWheels the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by EasyWheels.

9.18          Any entitlement to reimbursement is subject to there being no Major Breach of the Agreement and that You have paid all fees, including Your Subscription Plan fees. EasyWheels reserves the right to refuse any entitlement to reimbursement until such time that Your Subscription is in good order with no overdue fees.

9.19          You and any Authorised Driver must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

9.20                You must pay for the fuel costs incurred for the use of the Vehicle, including any required additive such as AdBlue.

10           Toll Charges

10.1          You must pay for the toll road operator for the use of the Vehicle on toll roads and it is Your responsibility to fit an electronic tag (e-tag) to the Vehicle and promptly pay all toll road fees and charges.

10.2                You must notify EasyWheels of the e-tag number fitted to the Vehicle.

10.3          If you fail to fit an e-tag or the e-tag is not recognised by a toll road, EasyWheels will charge You the toll fee, a number plate recognition fee and a Toll Processing Fee per toll charge incurred.

10.4                Tagless toll accounts are not supported.

11     Damage Cover



11.1     Standard Damage Cover is included in Your Subscription Plan. Subject to these Terms 

and Conditions, EasyWheels will indemnify You for the theft of the Vehicle, any Damage or Third 

Party Loss but You must pay up to the Damage Excess shown on the Subscription Agreement for Vehicle 

Subscription for each Accident or theft unless:

(a)     EasyWheels agree You or any Authorised Driver were not at fault; and

(b)     the other party was insured and their insurance company accepts liability.

11.2    An additional Damage Excess applies if You are 21 to 24 years of age.

11.3    Subject to these Terms and Conditions, Liability Protection entitles You to reduce the 

Damage Excess payable for each Accident or theft claim to $1,000 if:

(a)     You pay an additional Liability Protection fee as part of Your Vehicle Subscription; 

and

(b)     Your Vehicle Subscription payments are not in arrears or overdue on the date of the 

Accident to theft.

11.4    The Damage Excess payable under clauses 11.1, 11.2 and 11.3 will be charged to Your 

provided payment method, subject to clause 14.3 :

(a)     if the Vehicle has been stolen, after EasyWheels has made reasonable enquiries and it 

is the opinion of EasyWheels it is unlikely the Vehicle will be recovered; and

(b)     for Accidents in which there is also Third Party Loss, after:

(i)     a reasonable estimate of the Third Party Loss has been made;

(ii)     a repairer's estimate or tax invoice verifying the amount charged for Damage has been 

obtained; and

(iii)     all documents verifying the Third Party Loss and Damage have been sent to You,

(iv)     unless You have expressly authorised the charge to Your credit card at an earlier 

time.

11.5    Subject to these Terms and Conditions, Liability Protection entitles You:

(a)     To reduce the Damage Excess payable for Vehicle Subscription for each Accident or 

theft to $1,000, if:

(i)     You are paying a weekly Liability Protection fee as part of Your Vehicle Subscription 

at the time of the Accident or theft

(ii)     Your Vehicle Subscription payments are not in arrears or overdue

12.     Damage Cover Exclusions

12.1    There is no Damage Cover and You and any Authorised Driver are liable for:

(a)     Damage or Third Party Loss arising from:

(i)     a Major Breach of the Agreement; or

(ii)     the use of the Vehicle by any driver who is not an Authorised Driver;

(b)     Overhead Damage;

(c)     Underbody Damage; and

(d)     Damage caused by immersion of the Vehicle in water.

12.2    There is also no Damage Cover for:

(a)     the full cost of replacing or repairing any accessories supplied by Loopit or 

EasyWheels including, but not limited to GPS units, lost keys, keyless start and remote control 

devices; or

(b)     personal items that are left in or stolen from the Vehicle or for loss or damage to 

property belonging to or in the custody of:

(i)     You;

(ii)     any relative, friend or associate of Yours ordinarily residing with You or with whom 

You ordinarily reside; or

(iii)     Your employees.