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Key facts

The following summary aims to help you understand certain key provisions of your Subscription Agreement. The provisions of the Subscription Agreement govern your use of the Subscription services, and this summary does not limit or vary those provisions.

Late fees

Where we are unable to debit you for the Subscription Fees at the times specified in your approved Customer Application, we may charge you a late fee as set out on the "Fees and Charges" page from time to time.

Additional Kilometre Charges

The Subscription Fees cover travel of up to 20,000km in 12 month period measured from the beginning of Subscription Period or its anniversary. If you travel more than 20,000km in such a period (or a proportionate amount of kilometres where your period of use is less than 12 months), then you must pay at Additional Kilometre Charge as set out on the "Fees and Charges" page from time to time for each excess kilometre travelled by the vehicle(s).

Requirements and limits on the Damage Cover

Carbar provides insurance cover for vehicles supplied under the Subscription Agreement, and you are entitled to the benefit of that insurance subject to you:

  • paying the applicable Excess (and Damage Liability Fee, being the amount to settle or remedy any Loss, Damage, theft or Claim, if the Damage Cover is denied for any reason, if applicable) for each incident;
  • complying with the Subscription Agreement; and
  • providing to us all reasonable information and assistance that we requested and allowing us to bring, defend or settle any legal proceedings. If you do any of the things set out in clause 47, which amount to breaches of the terms of the Subscription Agreement, then no Damage Cover is provided, and we are not liable to the maximum extent permitted by law, and instead you are fully responsible and liable, for any claim, loss or damage resulting from you doing those things.

Importantly, no death or personal accident cover is provided under the Damage Cover or otherwise by the Subscription Agreement – these types of covers are subject to the statutory schemes for transport accident compensation in each State and Territory of Australia and are subject to the conditions and limitations of those schemes, and we arrange the compulsory third party insurance to enable participation in those schemes as part of the subscription.

Our rights to terminate the subscription agreement

Since we or our partners retain ownership of the vehicles supplied as part of the Subscription Services, it is important that we have the ability to terminate the Subscription Agreement where there are material breaches of the agreement or risks to the security of the vehicle.

As such, we can terminate the Subscription Agreement if you commit a Major Breach, that is, you:

  • have done any of the things set out in clause 6;
  • breach clause 15 by allowing other people to drive the vehicle who are not Approved Drivers;
  • breach any of the requirements imposed by clause 16 or fail to do any of the things set out in clause 17 in relation to your use of the vehicle;
  • you continue using the vehicle where any of the events described in clause 17f occur in breach of clause 18;
  • your fail to report any claim, loss or damage in relation to the vehicle to us or fail to deliver to us any summons, complaint, document or paper in relation to such claim, loss or damage in breach of clause 19.

We may also terminate the Subscription Agreement if:

  • you park the vehicle illegally for more than 24 hours;
  • you illegally disconnect, damage, or remove the GPS unit from the vehicle;
  • you have committed a breach of road or traffic legislation;
  • the vehicle is apparently abandoned;
  • you fail to not been returned to us at the time, date and place agreed and you have not provided us with at least 3 hours' notice to reschedule the return; or
  • you fail to returned the vehicle to us by the earlier of (i) an appointment that had already been rescheduled twice or (ii) the day that is 7 days after the original appointment.
Limits on carbar's liability and responsibility

We are bound by our obligations under the Subscription Agreement and our obligations at law (including under the Australian Consumer Law), but disclaim any warranties, conditions, or other terms, implied by statute or otherwise. You are responsible for your use of the vehicle supplied under the Subscription Agreement and as a result we are not liable or responsible (as much as we can exclude our liability under law) for:

  • death or personal injury;
  • any damage to any property, or damage to or loss of any vehicle supplied under the Subscription Agreement, except to where it is caused by our breach of the agreement;
  • any damage to, or loss of, any belongings left in any vehicle supplied under the Subscription Agreement;
  • any fuel costs;
  • any incidental expenses;
  • any charges or fines for traffic infringements or penalties, or toll notices;
  • any theft or breakdown of any vehicle supplied under the Subscription Agreement, except to the extent caused by our breach of the agreement.

We may also terminate the Subscription Agreement if:

  • you park the vehicle illegally for more than 24 hours;
  • you illegally disconnect, damage, or remove the GPS unit from the vehicle;
  • you have committed a breach of road or traffic legislation;
  • the vehicle is apparently abandoned;
  • you fail to not been returned to us at the time, date and place agreed and you have not provided us with at least 3 hours’ notice to reschedule the return; or
  • you fail to returned the vehicle to us by the earlier of (i) an appointment that had already been rescheduled twice or (ii) the day that is 7 days after the original appointment
Use of GPS tracking device

We may fit a GPS Unit to the Vehicle and operate the GPS Unit to track the Vehicle during the Subscription Period. We use the GPS Unit to track the Vehicle (and collect data such as fuel level, location, speeds and impact data) until it is returned to us. We use third parties in connection with the tracking and monitoring of data from GPS Units.

If you or any Authorised Driver tampers with or removes the GPS Unit, we may terminate the Subscription Agreement.

Minimum Subscription Period

If you select a Minimum Subscription Period (and we approve), you will get a reduced Upfront Fee in exchange for committing to the Minimum Subscription Period.

You can't terminate the Minimum Subscription Period early or swap or return the Car during the Minimum Subscription Period due to a change of mind. If you want to, we will consider your request on a case by case basis. If we agree, you will be required to pay an amount to cover the loss we suffer as a result.

You can terminate your Subscription Agreement at the end of the Minimum Subscription Period by giving us notice at least 14 days before the end of the Minimum Subscription Period. If you don't give notice, your subscription will continue after the Minimum Subscription Period until it is terminated in accordance with the Subscription Agreement.

Terms of subscription

These terms govern the carbar Subscription services and include provisions which limit our liability to you, entitle us to charge you certain additional fees and may hold you liable where you breach these terms. You should read these terms carefully before signing up to use the carbar Subscription services.

Additionally, these terms include provisions which permit carbar to disclose your personal information to third parties in accordance with the carbar Privacy Policy.

carbar may update these terms from time to time, and all changes to these terms will be posted on the carbar website.

If we change these terms (including the subscription fee, the excess, late fee and any additional charges) we will provide you with four (4) weeks' prior notice of any upcoming changes by email, and those changes will not take effect until the end of that four (4) week period. If we change these terms or any fees and you do not agree to those changes, you may terminate your subscription in accordance with clause 55 of these terms.

You and carbar agree:
  1. The Car is owned by Carbar Holdings Pty Ltd ACN 612 049 260 (carbar) or a third party that has chosen to offer the Car for carbar's customers to use via carbar Subscription.
  2. Subject to your Customer Application being approved by carbar, you and carbar agree that you will use the Car subject to the Agreement.
Approval of Customer Application
  1. To complete the Customer Application, you must:
    1. provide 100 points of identification;
    2. provide evidence of your current residential address;
    3. provide your bank statement or other proof of income (e.g. letter of employment);
    4. provide a valid full or P2 provisional Australian driver licence or international driver licence from your country of residence along with a relevant State / Territory issued client identity number (as applicable)
      Driver Licence
      ;
    5. for any State / Territory where toll roads exist, provide evidence of your existing LINKT account (if you don't have one, a nomination fee (as specified on the "Fees and Charges" page ) will be payable for each toll invoice that carbar receives from a toll provider); and
    6. pay the Upfront Fee.
  2. Without limiting your obligation in clause 3, when completing the Customer Application, you must tell carbar if you intend to use the Car for any commercial purpose
    Business Use
    . Where you use the Car for a Business Use, you acknowledge and agree that you will incur an increased Excess.
  3. You agree to carbar performing all relevant affordability and driver history checks deemed reasonably necessary for carbar to approve the Customer Application.
  4. Unless you have notified carbar of any of the following and carbar has waived any of the following requirements in writing, you warrant and represent throughout the Subscription Period that you and all Approved Drivers have not
    1. had a Driver Licence cancelled or suspended in the last two (2) years;
    2. had three (3) or more at-fault insurance claims (including any previous At-Fault Accident involving the Car or any other vehicle under another subscription agreement with carbar in the last three (3) years;
    3. had any insurance refused, cancelled or avoided, insurance renewal not offered, special conditions imposed or claims refused in the last five (5) years;
    4. been convicted of a criminal offence involving fraud or dishonesty, theft or robbery, arson, damage or threatened property damage, or injury or threatened injury to any person in the past five (5) years;
    5. provided any false or misleading information in relation to their Customer Application, including in relation to their driving experience and insurance history; and/or
    6. been the subject of bankruptcy proceedings in the last seven (7) years.
  5. You acknowledge and agree that carbar may refuse to approve the Customer Application for any reason (including where Damage Cover is denied by the Insurer), and carbar is not required to provide reasons for non-approval of the Customer Application.
  6. If the Customer Application is not approved, carbar will refund (if applicable), the Upfront Fee using the method you used to pay those fees. You acknowledge and agree that the Initial 4 Week Payment, the Subscription Fee, and the Upfront Fee are non-refundable other than as provided for in this clause 8 or where otherwise required by law (which may include an entitlement to a refund where we have breached our obligations under the Australian Consumer Law).
  7. You agree that you are not entitled to any amounts of interest accrued while your Upfront Fee is held by carbar (and that these amounts are owned by carbar), whether or not the Customer Application is approved.
  8. carbar will use its best endeavours to notify you within fourteen (14) business days from the date on which you submit your Customer Application whether the Customer Application has been approved and, if it is approved, carbar will notify you of the location from which the Car may be picked up by you.
Car Handover
  1. Subject to carbar's approval of your Customer Application, carbar will notify you of the location and time for picking up the Car
    Car Handover
    . If you wish to pick up the Car from a different location, carbar may agree at its discretion and charge a delivery fee notified to you.
  2. At Car Handover, you must present your Driver Licence and complete the Condition Report with a Carbar Representative. You authorise carbar to disclose your details (including personal information) to a Carbar Representative (including a third party dealer partner) in order to fulfil Car Handover.
  3. If you fail to sign the Condition Report at the time of Car Handover, you will not be permitted to collect or take possession of the Car.
  4. If you are permitted to display a Personal Number Plate on the Car and carbar consents to you doing so under clause 69, you must bring your Personal Number Plate to the Car Handover for the Carbar Representative to affix to the Car and otherwise comply with the requirements of clause 70. You are responsible for any costs relating to changeover of number plates as set out in the "Fees and Charges" page.
Subscription Period
  1. During the Subscription Period:
    1. the Car must only be driven by you and/or the Approved Driver noted on the Customer Application and approved in writing by carbar;
    2. you and any Approved Driver must:
      1. hold a valid Driver Licence;
      2. be aged between twenty-one (21) years and eighty-five (85) years of age; and
      3. be licensed to drive the Car in the State or Territory in which the Car will be used;
    3. you must ensure that any Approved Driver is aware of and complies with the terms of the Agreement; and
    4. you are responsible and liable for the acts and omissions of any Approved Driver in connection with the Agreement.
  2. During the Subscription Period you must ensure that:
    1. you obtain carbar's consent prior to using the Car for a Business Use and that you provide carbar with a minimum of seven (7) days prior written notice in accordance with clause 88 if you want to use the Car for Business Use. Carbar reserves the right not to consent to the use of the Car for a Business Use (in which case you must not use the Car for a Business Use) or to provide consent subject to certain conditions (including those referred to in clause 4);
    2. the Car is not used for any Prohibited Use;
    3. appropriate care is taken when operating the Car and it is only used for its intended purpose;
    4. there is no smoking in the Car;
    5. the Car is not modified in any way, irrespective of whether the modifications are reversible or permanent;
    6. the GPS Unit located within the Car is not removed, tampered with or modified;
    7. the Car is not used to jump start any other vehicle; and
    8. the Car (or any of its parts) are not sold, rented or disposed of, and no person is given (purported or otherwise) any legal rights over the Car or registers or attempts to register any interest in the Car under the Personal Property Securities Act 2009.
  3. During the Subscription Period, you must:
    1. pay for the cost of fuel and tolls;
    2. ensure that the Car is locked when not in use;
    3. use the correct fuel type when refuelling the Car;
    4. make the Car available at carbar's nominated Servicing Agent for periodic servicing as and when the service intervals fall due;
    5. complete any owner checks that are stipulated in the vehicle manufacturer's owners book (including checking of oil level, tyre pressure etc); and
    6. as soon as reasonably practicable inform carbar if you or any Approved Driver become aware of:
      1. a warning light or fault message appearing;
      2. low engine or brake oils, engine coolant levels or tyre pressures; or
      3. the Car developing any fault during the Subscription Period.
  4. In any of the circumstances set out in clause 17f, you must cease using the Car and not perform any repairs. If you do not comply with clause 17f , you and any approved driver may be held jointly and severally liable for any damage, claim, or loss which results from your failure to notify carbar of the relevant circumstances.
  5. You must as soon as practicable report any Claim, Loss or Damage in relation to the Car to carbar and promptly deliver to carbar each relevant summons, complaint, document or paper in relation to the Claim, Loss or Damage.
  6. You agree to pay the Subscription Fee for the duration of the Subscription Period in the following manner:
    1. the Subscription Fee for the first four (4) weeks of the Subscription Period will be paid as the Initial 4 Week Payment upon the completion of the Customer Application; and
    2. the Subscription Fee for the balance of the Subscription Period will be payable fortnightly in advance commencing four (4) weeks after the start of the Subscription Period and will be debited from your Nominated Account. Each fortnightly payment deadline during the Subscription Period shall be referred to in the Agreement as a 'Due Date' .
  7. Carbar may, from time to time, change these terms, including the amounts of any fees such as the subscription fee, the excess, late fee, and any additional charges. (including those specified on the "Fees and Charges" page). Where carbar changes any fees or other terms under the Agreement, carbar will give you at least four (4) weeks prior notice before such changes apply to you. If we change these terms or any fees that results in a material detrimental impact on you and you do not agree to those changes, you may terminate your subscription by giving at least fourteen (14) days' notice under clause 55.
  8. All amounts payable under the Agreement are inclusive of GST (unless otherwise specified), and if your Nominated Account is a credit card or debit card then we may charge you any processing surcharge we incur in processing your payment (details of which can be viewed on the "Fees and Charges" page).
  9. You consent to carbar debiting from your Nominated Account all fees, charges and any other amounts payable by you pursuant to the terms of the Agreement when such fees, charges and other amounts become due and payable (details of which can be viewed on the "Fees and Charges" page).
  10. If, for any reason, carbar is unable to debit your Nominated Account for any fees, charges and/or any other amounts payable by you under the Agreement, carbar will notify you and in addition to its other rights under the Agreement (including clause 54), carbar may in each case:
    1. make three (3) further attempts to debit your Nominated Account, with each attempt being made at least 24 hours after the previous attempt;
    2. charge you a late fee as specified on the "Fees and Charges" page 
      Late Fee
      ;
    3. request immediate payment of any Late Fee and any applicable outstanding amounts;
    4. engage debt collection agencies to recover any outstanding amounts, at your cost where such outstanding amounts have been in arrears for eighteen (18) days or more; and/or
    5. where any outstanding amounts have been in arrears for twenty (20) days or more, terminate the Agreement and repossess (or have its agents, contractors or representatives repossess) the Car.
  11. You agree to pay carbar an additional amount (details of which can be viewed on the "Fees and Charges" page) for every kilometre travelled by the Car during the Subscription Period in excess of twenty thousand (20,000) kilometres
    Additional Kilometre Charge
    .
  12. You must pay to carbar the Additional Kilometre Charge at the end of every twelve (12) month period during the Subscription Period beginning at the commencement of the Subscription Period.
  13. If the Subscription Period is less than twelve (12) months, or the Agreement ends before a subsequent twelve (12) month period to the initial twelve (12) month period is completed, any Additional Kilometre Charge will be calculated on a pro rata basis based on the period of usage.
  14. You agree that if you become liable for any Additional Kilometre Charge, carbar may add the Additional Kilometre Charge to your Subscription Fee.
  15. Any outstanding Additional Kilometre Charge at termination of the Agreement (including any pro rated Additional Kilometre Charge payable under clause 27) will be invoiced to you at the end of the Agreement.
Rewards for Continuous Subscription
  1. In order to reward you for each successive twelve (12) months of continuous subscription with carbar (whether you are in the same Car or have 'swapped' your Car for another one), you will be entitled to a 50% discount off the next Upfront Fee payable if you 'swap' your current Car for another vehicle or subscribe to an additional Car
    Upfront Fee Discount
    , provided that the maximum Upfront Fee Discount you can accrue at any time is 100% off the next Upfront Fee (i.e. no Upfront Fee will be payable). The Upfront Fee Discount is only valid for 15 months from the date it is accrued after which it expires and cannot be applied to any Upfront Fee. For clarification:
    1. if you redeem the 50% Upfront Fee Discount after twelve (12) months against any 'swap' or additional Car, then after twenty-four (24) months of continuous subscription you will only be entitled to a separate 50% Upfront Fee Discount off the next Upfront Fee;
    2. if you do not redeem the 50% Upfront Fee Discount after twelve (12) months, then after twenty-four (24) months of continuous subscription you will be entitled to the 100% Upfront Fee Discount off the next Upfront Fee provided that you redeem the 100% Upfront Fee Discount within the first three (3) months of it being accrued; and
    3. until you redeem the 100% Upfront Fee Discount off the next Upfront Fee or the Upfront Fee Discount expires, then you will not accrue any further Upfront Fee Discount off this or any other Upfront Fee.
  2. Except as specified in clauses 30, the Upfront Fee Discount cannot be:
    1. redeemed for cash or applied retrospectively to obtain a refund of previous amounts paid by you to carbar;
    2. accumulated;
    3. used for any other purpose not specified in clause 30 or 31 (as applicable), or
    4. transferred or assigned to another person.
  3. For clarification:
    1. the Upfront Fee Discount will be forfeited upon you ceasing to have any ongoing subscription with carbar; and
    2. Minimum Subscription Periods are not counted towards your period of continuous subscription with carbar for the purposes of clause 30.
Price Match Guarantee
  1. You are eligible to receive the benefit of carbar's Price Match Guarantee for a Car if you have not had a carbar subscription within the 12 months prior to your Customer Application.
  2. Under carbar's Price Match Guarantee, carbar will ensure its Subscription Fee matches a competitor's subscription fee if:
    1. you find a competitor’s lower subscription fee (including GST and delivery charges) for the same vehicle make, model, grade/variant and year as the Car and for the same Subscription Period;
    2. the competitor is an Australian company offering the vehicle under a subscription service equivalent to carbar’s subscription service, which covers all vehicle-associated costs including vehicle price, insurance, registration, roadside assistance, servicing and maintenance; and
    3. the competitor’s vehicle is available in stock, and the equivalent Car is available in our physical stock (which excludes virtual or dealer-advertised inventory).
  3. The Price Match Guarantee excludes:
    1. a competitor’s subscription fee for stock liquidations, or trade, commercial or fleet customers; or
    2. a competitor’s advertising or pricing errors.
  4. To claim the Price Match Guarantee, you must send an email to subscriptions@carbar.com.au before carbar approves your Customer Application, with evidence of the competitor’s lower subscription fee (including GST and delivery charges) and the vehicle make, model, grade/variant and year, which may include timestamped screenshots and/or relevant links to the competitor’s website. We will confirm in writing whether you have successfully claimed the Price Match Guarantee on the Car you have selected.
  5. Carbar may remove or modify the Price Match Guarantee at any time without notice.
Minimum Subscription Period
  1. If your Customer Application for a Minimum Subscription Period is approved by carbar, the Upfront Fee payable will be reduced as specified in the Customer Application in exchange for you agreeing to the Minimum Subscription Period.
  2. You acknowledge and agree that you will not be able to terminate your Minimum Subscription Period early or swap or return the Car during the Minimum Subscription Period due to a change of mind. If you wish to do so, carbar will consider your request on a case by case basis and, if carbar agrees to your request, you acknowledge that you will be required to pay an amount to cover the loss suffered by carbar.
  3. You can terminate the Agreement at the end of the Minimum Subscription Period by giving us notice of at least fourteen (14) days before the end of the Minimum Subscription Period. If you do not give such notice, your subscription will continue after the Minimum Subscription Period until it is terminated in accordance with this Agreement.
Car Recall Events
  1. Upon providing reasonable notice to you, carbar may require you to return the Car to carbar in the following circumstances:
    1. the Car is owned by a third party, and the agreement between carbar and the third party for carbar's use of the Car for carbar Subscriptions has expired or been terminated;
    2. the Car has a maintenance issue or otherwise requires significant cost to repair; or
    3. the Car is of such an age, or has been driven such a distance, that reasonably requires the replacement of the Car from a quality, reliability or other customer service standpoint,
    (each a Recall Event ).
  2. Carbar may otherwise recall a Car for any reason (in its sole discretion) by providing you with at least sixty (60) days' notice (also a Recall Event ).
  3. If there is a Recall Event:
    1. Carbar, its agents, contractors or representatives will provide you notice of the Recall Event in accordance with clause 92;
    2. you must return the Car by the date notified to you by carbar. If the Car is not returned, carbar, its agents, contractors or representatives may immediately repossess the Car without further notice to you; and
    3. carbar will use its best endeavours to provide you with an alternative Car if you would like one, or otherwise, the Agreement will be taken to have been terminated, and clauses 57 to 63 will apply.
Accidents, Damage and other incidents
  1. If any Damage, Claim, theft of the Car or Loss occurs during the Subscription Period or results from your use of the Car, you must:
    1. as soon as reasonably practicable notify carbar in writing by emailing subscriptions@carbar.com.au with details of the accident, damage, theft or loss;
    2. follow the instructions set out at FAQ - Breakdowns and Accidents and any other reasonable instructions given by carbar; and
    3. pay the Excess. We will apply the Excess to any amount payable by carbar, you or any Approved Driver under the Damage Cover, and will reimburse to you as soon as reasonably practicable the portion of the Excess (if any) that is not payable by carbar, you or any Approved Driver under the Damage Cover.
  2. You and the Approved Driver must report all accidents to the police if:
    1. any person is injured;
    2. the other driver leaves the scene of the accident without exchanging names and addresses;
    3. the other driver appears to be affected drugs or alcohol; or
    4. any other event occurs that is unlawful.
  3. In the event of an accident, you acknowledge and agree that you will move or procure that the Car is moved to the nearest repairer to secure it.
  4. You must continue to pay the Subscription Fee in accordance with clause 20 from the date of the Loss, Damage, Claim or theft of the Car until the earlier of:
    1. payment of the Excess (and Damage Liability Fee, if applicable) by you or an Approved Driver;
    2. the completion of repairs if the Car suffers Damage; or
    3. replacement of the Car if it is stolen or declared a total loss because it suffers Damage that cannot be repaired.
    If the Loss, Damage, Claim or theft of the Car occurred due to reasons outside of your control, Carbar will provide you with an alternative Car or suspend the Subscription Fee until the earlier of the circumstances in paragraphs a to c occur.
  5. If the Car is stolen or suffers Damage that is not capable of repair, provided that you have not committed a Major Breach of the Agreement, the Agreement will be terminated.
  6. You authorise carbar to process the payment of any Excess or Damage Liability Fee payable by you under the Agreement, where we have provided you with prior notice that the Excess or Damage Liability Fee will be payable, using the payment method you have provided to carbar.
Damage Cover
  1. Subject to clauses 51 to 53 (inclusive), carbar will pay for Damage Cover for the Car during the Subscription Period.
  2. Damage Cover held by carbar for the Car, whilst it is being operated by you or an Approved Driver, is subject to you and/or the relevant Approved Driver:
    1. complying with the Agreement;
    2. not being covered under any other policy of insurance; and
    3. providing all reasonable information and assistance as may be requested and, if necessary, authorising carbar to bring, defend or settle legal proceedings, and you agree that carbar shall at all times have sole conduct of any legal proceedings.
  3. Carbar is not liable to the maximum extent permitted by law, and you are fully responsible and liable, and agree to compensate carbar for any claim, loss or damage resulting from:
    1. use of the Car by any:
      1. person who is not you or an Approved Driver; OR
      2. Approved Driver that holds an Australian learner driver licence and was not accompanied by a driver with a full Driver Licence (whether that driver is you or an Approved Driver);
    2. use of the vehicle in an unsafe, negligent or reckless manner;
    3. damage to the tyres caused by excessive application of brakes or by driving through potholes;
    4. your breach of any law or regulation;
    5. any business use which carbar has not consented to;
    6. use of the car on any non-gazetted road, or any other road or other surface which is not sealed other than a road under repair;
    7. use of the car in any area or under any circumstances (including crossing a waterway or transporting a car across a waterway) where the car may or does become partially or totally immersed in water;
    8. use of the Car in a manner that causes:
      1. underbody damage, being any damage to the Car that is caused by or directly results from contact between the underside of the Car and any part of the roadway or any object or obstruction including curbs, gutters, speed or road humps, barriers or wheel stops; or
      2. overhead damage, being damage to the Car caused by or resulting from an impact between the Car at a point that is level with or above the top of the windscreen;
    9. any circumstances where the Car is refuelled with fuel other than which is recommended by the Car's manufacturer;
    10. any circumstances where the Car or its keys are unsecured;
    11. any intentional loss or damage caused by you or an approved driver;
    12. use of the Car:
      1. in any area or region specified to you by carbar as an area or region in which the Car must not be used;
      2. without snow chains in any snow or other conditions where a reasonable person would use snow chains; or
      3. on any beach or in any other area exposed to saltwater;
    13. any Claim for, or related to, death or personal injury except to the extent caused by carbar's negligence or breach of this agreement;
    14. Any liability of a passenger who was under the influence of any alcohol or drug when the incident happened;
    15. any exemplary or punitive damages, fines or penalties claimed, ordered or awarded against you or any Approved Driver;
    16. Fitting anything to the car incorrectly or not in accordance with the car manufacturer's recommendations;
    17. your failure to notify carbar of any apparent damage or defect with the vehicle;
    18. any repairs carried out by someone not authorised by carbar; or
    19. any accident, except to the extent caused by carbar's negligence or breach of this agreement (e.g. a failure to provide roadside assistance in accordance with clause 55 below).
    You will not be liable for any claim, loss or damage to the extent arising from any act or omission of carbar.
  4. You acknowledge and agree that, whilst the Subscription Fees include compulsory third party insurance for the Car, no death or personal accident cover is available under the Damage Cover or otherwise by the Agreement. Your liability, and the Approved Driver's liability, for any Claim for, or related to, death or personal injury resulting from use of the Car is covered by the statutory schemes for transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes). For details of the scope, conditions and limitations of this coverage, you should contact the relevant authority in the State or Territory in which the Car is registered.
  5. If the Damage Cover is denied for any reason after any Damage, Claim, theft or Loss is assessed by carbar's Insurer, you must pay the amount of any Damage Liability Fee beyond the Excess.
  6. The Damage Liability Fee may be determined by carbar or its Insurer (acting reasonably).
Roadside Assistance
  1. Roadside assistance for the Car, which is provided by a third party supplier, is included in the Subscription Fee.
Termination and Repossession
  1. Carbar, its agents, contractors or representatives may terminate the Agreement at any time if you commit a Major Breach of the Agreement by giving you notice in accordance with clause 92.
  2. If the Agreement is terminated pursuant to clause 57, carbar, its agents, contractors or representatives may arrange for Car Return or repossess the Car from you or the Approved Driver, and you will be liable for the cost of repossession, any Late Fees, and any costs to make good any Damage to the Car on collection.
  3. Notwithstanding clauses 57 and 58, carbar, its agents, contractors or representatives may immediately terminate the Agreement and repossess the Car by providing written notice if:
    1. you have illegally parked the Car for longer than 24 hours;
    2. you have illegally disconnected, damaged, or removed the GPS unit from the Car;
    3. you have committed a serious breach of road or traffic legislation or you have committed repeated breaches of road or traffic legislation;
    4. the Car appears to be abandoned;
    5. the Car has not been returned to carbar at the time, date and place agreed between you and carbar
      'Return Appointment'
      and you have not provided carbar with at least three (3) hours' notice to reschedule the Return Appointment; or
    6. the Car has not been returned to carbar:
      1. at a Return Appointment that had already been rescheduled twice; or
      2. within seven (7) days of the original Return Appointment,
      whichever is earlier, regardless of whether you have provided carbar with notice that the Car will not be returned at each Return Appointment.
  4. Unless you are in a Minimum Subscription Period, you may terminate the Agreement for any reason by giving at least fourteen (14) days' notice.
  5. If you terminate the Agreement pursuant to clause 39 or 59, you must return the Car on expiry of the Minimum Subscription Period or notice period (as applicable). If the Car is not returned, carbar, its agents, contractors or representatives may immediately repossess the Car without further notice to you. You will continue to be charged the Subscription Fee until the Car is returned in accordance with this Agreement.
Car Return
  1. Upon termination of the Subscription Period, you must:
    1. immediately arrange for the return of the Car to carbar; and
    2. return the Car to carbar at the Return Appointment with its keys or keyless start device and all parts and accessories, including manuals, audio equipment, GPS Unit, spare tyre, tools and wheel locking nuts,
    'Car Return'
  2. You acknowledge and agree that carbar will not under any circumstances be liable to you or the Approved Driver for any personal belongings left in the Car after Car Return.
  3. At the time of Car Return, you must ensure that:
    1. the Car is in the same condition as at the start of the Subscription Period, save for Fair Wear and Tear;
    2. the Car is cleaned and reasonably tidy;
    3. the Car has a full tank of fuel; and
    4. the Condition Report is completed and returned to carbar.
  4. If you fail to sign the Condition Report at the time of Car Return, you acknowledge and agree that failing to sign the Condition Report may make it difficult for you to dispute any Claim for Damage allegedly caused during the Subscription Period due to a lack of evidence.
  5. If the Car is not returned at the Return Appointment, and you do not provide carbar with a minimum of three (3) hours' notice to reschedule the Return Appointment, carbar may, in addition to its rights under clauses 57 and 58, report the Car as stolen.
  6. If the Car is not returned to carbar in the same condition as at the date of Car Handover (excluding Fair Wear and Tear) due to Damage not covered by the Damage Cover, you acknowledge and agree that you are responsible for all costs associated with returning the Car to that condition, including replacing any Car accessories supplied to you at the date of Car Handover.
  7. If the Car is not returned with a full tank of fuel you must pay to carbar the Refuelling Service Fee per litre of fuel required to refill the tank of the Car in its entirety.
  8. You agree that carbar may debit any cost arising under clauses 67 and 68 from your Nominated Account
Traffic Offences, Fines and Fees
  1. You must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Subscription Period or any period outside the Subscription Period in relation to which you or the Approved Driver remain in possession of, or are responsible for, the Car. You consent to carbar automatically debiting any fines, penalties, infringements, tolls and costs referred to in this clause 67 from your Nominated Account without any notice to you.
  2. You must notify carbar in writing in accordance with clause 92 as soon as you become aware that a fine, penalty, traffic infringement or toll has been incurred by you or the Approved Driver. Upon receipt of a fine, penalty, traffic infringement or toll notice carbar will complete the required documentation to absolve carbar from liability and nominate you or the Approved Driver as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within seven (7) days of receipt of the notice.
  3. If carbar receives any further correspondence in relation to the fine, penalty, traffic infringement or toll notice assigned under clause 71, carbar may charge an administration fee as specified on the "Fees and Charges" page for each further correspondence.
  4. If you or the Approved Driver challenge any fine, penalty, infringement or toll notice, you are responsible for all costs associated with doing so.
Transfer of Number Plates
  1. If You want to, and are permitted by law to, display your Personal Number Plate on a Car, then you may seek carbar's permission to do so by asking us in writing. Carbar will not unreasonably withhold its permission to allow you to display your Personal Number Plate on a Car, however, there are instances where displaying your Personal Number Plate on a Car is not permissible (including where carbar's arrangements with the supplier of the Car prohibit the swapping of Personal Number Plates onto the Car).
  2. Where carbar gives its permission for you to display your Personal Number Plate on a Car:
    1. you agree to transfer your Personal Number Plate to carbar for the duration of the Subscription Period;
    2. you will complete the seller/transferor details section in the appropriate form for exchange/transfer of number plates issued by the relevant State/Territory authority, and return it to carbar;
    3. carbar will transfer the Personal Number Plate to the Car for the duration of the Subscription Period unless otherwise notified by you not to do so;
    4. upon termination of the Subscription Period, and subject to your compliance with clauses 63 and 65, carbar will complete the seller / transferor details section in the appropriate form for exchange / transfer of number plates issued by the relevant State / Territory authority, and return it to you;
    5. you agree that carbar may debit any cost arising under this clause 74 from your Nominated Account; and
    6. you agree carbar may debit any cost arising from Damage to the Car on changeover of Personal Number Plate.
Carbar Responsibility and Liability
  1. Our goods and services come with consumer guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law. For more information about your consumer rights, including consumer guarantees, please see the ACCC's information page at: https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees.
  2. Except as expressly set out in the agreement, and to the full extent permitted by law, carbar expressly disclaims any representations, warranties or other terms, either express or implied. Nothing in the agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law (including the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.
  3. To the full extent permitted by law, carbar accepts no liability in respect of and shall not be responsible to you for:

    Death or personal injury, except to the extent the same is caused by carbar's negligence or breach of the Agreement;
    1. any damage or loss arising from your misrepresentation or fraudulent claim;
    2. any damage to any property, or Damage to or loss of any Car, except to the extent such Damage or loss is caused by carbar's negligence or breach of the Agreement;
    3. any damage to, or loss of, any belongings left in any Car;
    4. any fuel costs;
    5. any incidental expenses;
    6. any charges or fines mentioned in clause 69;
    7. Any loss of use or use of a hire car or any substitute vehicle;
    8. Any liability under any contract, or if you or the approved driver have agreed to or accepted liability without carbar's prior agreement unless you would have been liable irrespective of the terms of that contract;
    9. Any theft or breakdown of any car, except to the extent caused by carbar's negligence or breach of the agreement; or
    10. any liability to you under or in connection with the Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:
      1. Loss incurred by you in connection with any claims made by a third party;
      2. loss of profit, goodwill, business opportunity or anticipated saving suffered by you; or
      3. any indirect or consequential Loss suffered by you.
Privacy and GPS Units
  1. You must obtain the consent of an Approved Driver before providing their personal information to us for use in accordance with the Agreement and the carbar Privacy Policy.
  2. Full details of how carbar handles personal information can be found in the carbar Privacy Policy, and you authorise carbar to collect, use and disclose personal information in accordance with the carbar Privacy Policy and any other notifications we provide and consents you provide to carbar from time to time.
  3. Carbar may fit a GPS Unit to the Car and operate the GPS Unit to track the Car during the Subscription Period. By agreeing to the Agreement or taking possession of the Car, you authorise carbar (and you warrant and represent that you have the consent of any Approved Driver for carbar) to use the GPS Unit to track the Car (and collect data such as fuel level, location, speeds and impact data) until it is returned to carbar upon termination of the Agreement.
  4. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Car (as this may result in termination of the Agreement pursuant to clause 57). Further details about what information we collect using the GPS Unit can be found in the carbar Privacy Policy.
Title and Personal Property Securities Act
  1. To the extent that a third party (not carbar) holds title in the Car:
    1. you acknowledge that the third party has continued rights in respect of the Car, including but not limited to ongoing ownership of the Car and an ongoing Security Interest in the Car; and
    2. any rights that carbar and/or you have in respect of the Car (including possession) are subject to the rights held by that third party in the Car).
  2. To the extent that carbar holds title in the Car, it shall at all times remain the property of carbar which shall be entitled to assign, mortgage, encumber or otherwise deal with the Car subject to the Agreement.
  3. The Car shall be deemed to be in the possession of, or under your charge or control of from the time when the Car is initially delivered to you until such time as the Car are returned to carbar in accordance with Agreement.
  4. You hereby acknowledge that the Agreement constitutes a Security Agreement which creates a Security Interest in favour of carbar in the Car supplied by carbar to you and all proceeds thereto under the Agreement.
  5. If the Term of the Agreement is such that it falls under the definition of PPS Lease under section 13(1) of the PPSA, you acknowledge that a special type of Security Interest known as Purchase Money Security Interest is created.
  6. You acknowledge and agree that by entering into the Agreement, you grant a Security Interest to carbar and in the Car. You additionally agree that carbar can without notice to you seek registration of its Security Interest (either as a Purchase Money Security Interest if the lease is a PPS lease or otherwise as an ordinary Security Interest) on the PPSR.
  7. You acknowledge, agree and undertake to:
    1. sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up to date in all respects) which carbar may reasonably require to enable perfection of its Security Interest or registration of a Financing Statement or Financing Change Statement on the PPSR;
    2. not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the PPSA in respect of the Car without the prior written consent of carbar;
    3. give carbar not less than 14 days written notice in accordance with clause 92 of any proposed change in your details (including but not limited to, changes in your address, facsimile number, email address, trading name or business practice);
    4. waive any rights that you may have had under section 115 of the PPSA upon enforcement;
    5. pursuant to section 157 of the PPSA, unless otherwise agreed in writing by carbar, you agree to waive the right to receive the Verification Statement in respect of any Financing Statement or Financing Interest Statement relating to the Security Interest;
    6. release and hold harmless carbar from any liability whatsoever in the event of any dispute between carbar and you as to whether any interest registered on the PPSR constitutes a valid Security Interest;
    7. indemnify carbar from any cost reasonably incurred by carbar in amending or withdrawing any Security Interest registered by carbar over the Car provided to you, even if the Registration has occurred through error or mistake on behalf of carbar; and
    8. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a Security Interest arising in connection with the Agreement, the following provisions of the PPSA will not apply to the enforcement of the Agreement: section 95 (notice of removal of accession) to the extent it requires carbar to give a notice to the Company; subsection 121(4) (enforcement of liquidated assets – notice to grantor); section 130 (notice of disposal), to the extent that it requires carbar to give a notice to the Company); subsection 132(4) (statement of account if no disposal); section 135 (notice of retention); and 143 (reinstatement of security agreement).
  8. In the Agreement, the terms "Security Agreement", "Security Interest", "Purchase Money Security Interest", "Registration", "Personal Property Securities Register" (or "PPSR"), "PPS Lease", "Proceeds", "Financing Statement" and "Financing Change Statement" have the meanings given in the PPSA.
No set-off
  1. To the maximum extent allowed by law, you shall not be entitled to set off any amounts carbar or any of its related entities owes you against amounts you owe under the Agreement. All payments you make under the Agreement shall be made without any counterclaim and free and clear of (and without any) deduction or withholding.
Assignment
  1. You cannot assign the Agreement without carbar's consent. carbar may(without your prior consent) assign or transfer to any person or otherwise deal in any manner with any of its rights or interests under the Agreement in connection with any securitisation, secured financing or similar transaction.
Notices
  1. Any notice to be given to carbar or you shall be deemed to be given upon it being posted to the address, or sent by email to the email address of, the relevant party as set out in the Customer Application.
Proper law and jurisdiction
  1. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. You and carbar agree to submit to the non-exclusive jurisdiction of its Courts for all purposes of or in connection with the Agreement.
Definitions
  1. In the Agreement, unless the context otherwise requires:
    • Additional Kilometre Charge has the meaning given in clause 26.
    • Agreement means the terms in this document together with (i) the Customer Application approved by Carbar and (ii) any other document described herein as forming part of the Agreement.
    • Approved Driver means a Named Driver, or any other driver who satisfies the requirements outlined in clause 6 and is authorised by you to drive the Car, but excluding any driver on a P1 provisional licence or any other licence which is not a Driver Licence.
    • At-Fault Accident means an accident in relation to which you or the Approved Driver are legally responsible for the Damage, Loss and/or injury.
    • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    • Business Use has the meaning given in clause 4.
    • Car means the automotive vehicle chosen by you and made available for to you by carbar (including any temporary replacement or alternative provided to you by carbar, in its absolute discretion, for example where your chosen vehicle is being repaired), for use by you in accordance with the Agreement and includes the vehicle's parts, components and accessories.
    • Car Handover has the meaning given in clause 11.
    • Car Return has the meaning given in clause 61.
    • Carbar Privacy Policy means carbar's privacy policy available at: www.carbar.com.au/privacy-policy
    • Carbar Representative means an employee, agent, contractor, authorised third party representative or dealer partner of carbar.
    • Carbar Subscription means the carbar subscription service whereby customers receive a vehicle for the duration of the Subscription Period pursuant to the terms of the Agreement.
    • Claim means any claim, demand, action or proceeding.
    • Condition Report means the document (whether hardcopy or electronic) entitled 'Condition Report' provided by carbar from time to time, which forms part of the Agreement.
    • Customer Application means the online application form completed in full by you.
    • Damage means:
      1. any damage to the Car including its parts, components and accessories, and including but not limited to, any damage caused by you, the Approved Driver, a third party, or damage from hail, flood, fire, storm, cyclone or other natural disasters.
      2. towing and salvage fees and assessing fees; and
      3. Loss of Use as a result of that damage or theft.
    • Damage Cover means the comprehensive insurance cover held by carbar in relation to any theft of or Damage to the Car and any Claims made against you or an Approved Driver for any Loss (up to $10,000,000) to another person's property arising out of your use of the Car in accordance with the terms of the Agreement, but excludes cover for the matters specified in clause 51.
    • Damage Liability Fee means the amount to settle or remedy any Loss, Damage, theft or Claim, if the Damage Cover is denied for any reason after such Loss, Damage, theft or Claim is assessed by carbar's Insurer.
    • Driver Licence has the meaning given in clause 3.d.
    • Due Date has the meaning given in clause 20.b.
    • Excess means the amount of $1,500, unless any of the following applies in which case the amount of $3,000:
      1. if the Car has a market value of $60,000 or more, as indicated on the Customer Application;
      2. if the driver of the Car at the relevant time:
        1. is not a Named Driver;
        2. does not hold a full Australian or international Driver Licence (for example, they only have a learner or P2 provisional licence or equivalent international driver's licence);
        3. is an Inexperienced Driver; or
        4. has had 1 or more at-fault insurance claims (including any previous At-Fault Accident involving the Car or any other vehicle under another subscription agreement with carbar) in the 3 years prior to the relevant time; or
      3. if the Car is being used for Business Use.
    • Fair Wear and Tear means the degree of deterioration judged to be reasonable, taking into account the Car's age and mileage and covering overall condition (from the mechanics and the electrics through to the bodywork and the upholstery), determined in accordance with the AFIA Car Rental Code of Conduct published from time to time.
    • GPS Unit means a device with electronic global positioning and tracking capabilities, fitted within the Car and used by carbar to (amongst other things) track, locate the vehicle, and track the kilometres travelled by the Car.
    • Inexperienced Driver means an Approved Driver who is under 25 years of age or has less than 5 years of driving experience (based on the date of their first full or provisional Driver Licence (which, for clarification, excludes a learner licence)).
    • Initial 4 Week Payment means the Subscription Fees payable in respect of the first 4 weeks of the Subscription Period, as specified by carbar in the Customer Application.
    • Insurer means an APRA approved licensed insurer.
    • Late Fee has the meaning given in clause 24.b.
    • Loss means any loss (including indirect loss), liability, damage, cost or expense of any kind, including in respect of a third party.
    • Loss of Use means the loss of use or enjoyment of a Car suffered because the Car is being repaired or replaced as a result of an accident or other Damage or because it has been stolen and is being replaced.
    • Major Breach means a breach of any of clauses 6, 15, 16, 17, 18 and 19.
    • Minimum Subscription Period means a minimum Subscription Period commencing on the date on which the Customer Application is approved until the end of the minimum Subscription Period specified on the Customer Application.
    • Named Driver means you or any other Approved Driver who has provided 100 points of identification to carbar, including evidence of their current residential address and their Driver Licence or Australian learner driver licence.
    • Nominated Account means the direct debit, credit card, debit card, bank account or PayPal account that you have nominated for the purposes of making payments pursuant to the Agreement.
    • Parties means carbar and you.
    • Personal Number Plate means any number plate owned by you.
    • Prohibited Use means any use of the Car in a manner that is specified as a "Prohibited Use" in the Annexure to these terms.
    • Prohibited Car means any Car that a relevant a relevant State / Territory authority has prohibited being driven by certain drivers (including P1 and P2 provisional driver licence holders).
    • Refuelling Service Fee means the cost of fuel per litre, (as indicated to you at the Car Handover, but subject to price fluctuations during the Subscription Period), plus carbar's reasonable costs incurred, in order to fill the Car with fuel where the Car in not returned in accordance with clause 63c.
    • Return Appointment has the meaning given in clause 58.d.
    • Servicing Agent means a supplier of Car repair, maintenance and servicing approved by carbar (including carbar's own internal mechanic workshop).
    • Subscription Fee means the fortnightly amount specified in the Customer Application as determined by carbar.
    • Subscription Period means the period from the date on which the Customer Application is approved until the Agreement is terminated by carbar or you, including any Minimum Subscription Period.
    • Upfront Fee means the fee determined by carbar based on the market value (excluding government costs) of the Car (as advertised on the Website as at the date that the completed Customer Application was submitted to carbar) that (subject to clause 8) is not refundable.
    • Website means the https://www.carbar.com.au website and the content, features and services offered through it.
    • You or your means the individual, firm or company that has completed the Customer Application, and agrees to the terms of the Agreement.
Annexure
    Prohibited Uses
    1. operation of the Car outside Australia;
    2. operation of the Car by a driver who:
      1. is not you or an Approved Driver;
      2. is under the influence of any alcohol or drug;
      3. does not hold a current Driver Licence (or has been disqualified or holds a cancelled or suspended Driver Licence); or
      4. does not comply with all the terms and conditions of their Driver Licence;
    3. operation of the Car where:
      1. the driver of the Car or a passenger was being wilful or reckless;
      2. the Car or anything it is towing:
        1. is being towed illegally;
        2. exceeds the number of passengers or load limits recommended by the Car's manufacturer; or
        3. is in a noticeably unsafe condition;
      3. Use of the Car:
        1. in an unsafe or unroad worthy manner;
        2. for illegal purposes or in an illegal manner;
        3. to illegally carry or store explosives, flammable or combustible substances and liquids;
        4. to test in preparation for, racing, pace making, a reliability trial or a speed or hill climbing test;
        5. as an experiment, test, trial or demonstration or to tow some other vehicle in connection with the motor trade;
        6. in a race, rally, trial, test or contest, motor sport or any driver training course;
        7. in a track day, drive day or similar organised event; or
      4. use of the Car:
        1. for any delivery or collection services;
        2. in the course of any business of carrying passengers or goods for hire or reward; or
        3. is in the possession of a person as part of the person's stock in trade; and
    4. leaving the Car with a commercial dealer so they could sell it.