1.1 Background
Outbound Mobility Pty Ltd ACN [648 078 246] (Outbound Mobility) is a mobility services company that enables property operators to offer access to on-demand electric vehicles through a shared mobility platform. The Outbound Vehicles are operated and maintained by Us and located on-site at the Host Property for personal use by the community members through the Outbound Sharing smartphone App (collectively, the “Outbound Mobility Services”).
Outbound Mobility agrees to allow You to use the Outbound Vehicles on the terms of use that are set out below (Terms), that are to be read in conjunction with the Schedules. For each rental, a separate specific terms and conditions document will be signed at the start of the Usage Period. Together with these Rental General Terms and Conditions they form the contract governing that specific rental (Rental Agreement).
In these Rental General Terms and Conditions and all related agreements, signing should be understood as either wet signature or digital signature using methods through the Outbound websites and/or mobile phone applications.
1.2 User Eligibility
To be approved as an eligible User, you must:
accept to be bound by the terms and conditions of this Agreement;
not be under 23 years of age;
have a minimum of two (2) years continuous driving experience for the Licence Class not less than 'C';
not had any motor insurance and/or claims refused and/or cancelled and/or imposed special terms in the last five (5) years;
not had any convictions for driving under the influence of alcohol or drugs (DUI) and/or exceeding the prescribed content of alcohol (PCA) in the last five (5) years;
not had your license suspended or cancelled within the last three (3) years;
not have been convicted of a crime in the last 7 years;
not have been convicted of a total of more than three (3) traffic offences (excluding parking) in the last five (5) years;
not be bankrupt or have been bankrupt at any point within the last 7 years;
not suffer from any condition that affects the safety of yourself or of others when driving the Vehicle;
register a valid credit card or debit card authorising Outbound Mobility to directly debit your nominated account;
pay the Fees;
provide Outbound Mobility with any documents it reasonably requests, including but not limited to photo of Driver’s Licence; and
complete the required information within the Outbound Sharing App.
Outbound Mobility reserves the right to:
make exceptions to clause 1.2 in its sole discretion;
refuse a User from opening an account or accessing the Outbound Sharing App; and
refuse any User from accessing or driving a Vehicle.
1.3 Your User Account
Account Holders must:
establish an Account on the Outbound Sharing App, prior to hiring any Vehicle; and
make reservations to Use Vehicles through the Outbound Sharing App;
You agree to provide the following information to your Account to establish the Account:
details of the Account Holder;
if the Account Holder is a company; the ACN, or if a business; the ABN;
the Driver’s name, date of birth, address, and phone number;
the Driver’s License number, issue date and expiry date;
front and back images of the Driver’s License; and
payment details.
When using the Outbound Sharing App, you must:
notify Outbound Mobility immediately of any changes to Your contact or payment details;
only use it for its intended purpose, which is in connection with this Agreement;
enter and maintain correct and accurate information into the Account area at all times;
maintain secrecy of the login information and access to the Outbound Sharing App and not provide the login credentials to any other person;
notify Outbound Mobility if you reasonably believe that access to your Account is or may be compromised;
be authorised by the Host Property to use a Vehicle; and
represent to Outbound Mobility that you have read and understood the Terms of this Agreement.
You warrant that if any information that you provide to Outbound Mobility changes or becomes inaccurate, you will update that information in the Account, or if that is impractical, notify Outbound Mobility by email at:
support@getoutbound.io.
1.4 Unauthorised Use of the Outbound Sharing App
Users agree to not do, or attempt to do, any of the following things:
introduce any malicious code to any part of the Website or the Outbound Sharing App;
hack, reverse engineer or decompile any part of, including any source code of the Website or the Outbound Sharing App;
copy, modify, transmit, reproduce, distribute, or alter any part of the Website or the Outbound Sharing App;
access or use the Website or the Outbound Sharing App for any unlawful purpose;
attempt to disguise your identity or impersonate anyone else for any reason for the purposes of collecting any information including User access information or personal information or anything else when using or accessing the Website or the Outbound Sharing App;
hide or attempt to hide your, location, IP address, or anything else when using or accessing the Website or the Outbound Sharing App;
use any automated software to operate or access the Website or the Outbound Sharing App;
not use any technology to ‘scrape’ any data or information of other users, Outbound Mobility representatives, source code or anything else from the Website or the Outbound Sharing App;
gain, or assist others in gaining, unauthorised access to the Website or the Outbound Sharing App; and
cause to disable or interrupt any part of the Website or the Outbound Sharing App.
1.5 Suspension or termination of Your User Account
We may disable, suspend or terminate Your (or any other) User Account, Login Details and/or any Access Mechanism at any time without notice to You if:
You notify us that You wish to terminate or suspend Your User Account;
Your User Account becomes inactive (including, without limitation, if You have not logged in to Your User Account for more than 90 consecutive days);
We suspect (in Our sole opinion) that Your User Account Details or Login Details are out of date or inaccurate or that Your User Account, Login Details or the Access Mechanism have been hacked, subject to unauthorised access or compromised in any way;
We believe (in Our sole discretion) that You have engaged in, are engaging in, or are likely or intend to engage in a Prohibited Act, or Your User Account has been, is being, or is likely to be, used to engage in a Prohibited Act; or
We consider (in Our sole discretion) it is necessary in order to comply with any law or to protect the safety of any person.
1.6 Prohibited Use of Vehicles
Drivers must not use a Vehicle:
recklessly or with disregard to anyone’s safety;
in contravention of any law;
to engage in any criminal activity;
while under the influence of illicit drugs;
while exceeding the legal blood alcohol volume, in the State or Territory in which they are driving;
in off-road or hazardous conditions;
to tow (or push) any object, including, but not limited to a trailer, caravan, float or another vehicle;
for transporting any pets or animals, except assistance animals, unless specifically approved by Outbound Mobility;
to smoke in the Vehicle and Drivers must take reasonable steps to prevent passengers from smoking in the vehicle;
to carry more than the number of passengers for which the Vehicle is licenced;
to carry passengers for hire, fare or reward or for rideshare purposes;
to carry any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced; and
to move infectious, biohazardous or biomedical waste.
Drivers agree that they must observe all laws when driving the car and comply with lawful directions of Police and other competent authorities.
Drivers must not attempt to:
disassemble, unlock, detach, any part of the Vehicle or any Device
modify any part of the Vehicle; and
use the onboard computer for any other purpose, other than for what it was intended.
Drivers must immediately inform Outbound Mobility if a warning light or fault message appears or the Vehicle develops any fault during the Usage Period.
1.7 Prohibited Areas of Use
The Vehicle must not be taken outside of Australia.
The Vehicle must never be driven:
on an Unsealed Road;
Off Road; or
in any area where snow has fallen or is likely to fall.
The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
roads that are prone to flooding or are flooded;
beaches, sand dunes, streams, rivers, creeks, dams and floodwaters;
any road where the police or an authority has issued a warning;
any road that is closed; and
any road where it would be unsafe to drive the Vehicle.
1.8 Start of your Trip
At the Start of your Trip and before accessing the Vehicle You must fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement (within The Outbound Sharing App) and if there is any discrepancy You must notify Us prior to leaving the Host Property.
1.9 During your Trip
When in control of an Outbound Vehicle You must:
comply with all mandatory seatbelt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened;
comply with all mandatory child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened;
make sure that the Vehicle is locked when it is not in use or unattended;
ensure the vehicle battery does not run out of charge;
take reasonable care of the vehicle by:
• preventing it from being damaged;
• making sure that it is protected from the weather;
• maintaining the engine and brake oils and coolant level and tyre pressures;
• using the correct fuel type; and
• making sure it is not overloaded.
inform us immediately if the Outbound Vehicle develops any fault during the Trip.
1.10 Returning the Vehicle
When returning the Vehicle, you agree to:
park the vehicle in the Designated Parking Space at your Host Property;
ensure that the Vehicle is reasonably clean;
plug the vehicle back into the Designated Charging Station;
leave all documents, accessories and Devices that were in the Vehicle at the commencement of the Booking in the Vehicle;
switch off all lights;
close and securely seal all doors and windows;
remove all personal belongings; and
notify Outbound Mobility of any stains, marks, scratches, dents, liquid spills or any other such damage to the Vehicle.
The Account Holder is responsible for excessive cleaning that is required including for:
stains;
marks, dints, scratches; and
liquid damage.
The User is responsible to reliably complete the vehicle return checklist at the end of the rental, to remove any personal items from the vehicle, lock the vehicle and end the rental via the app.
1.11 Late Return Policy
The User is entitled to ask for a rental extension during the rental period. However, the approval of such extension is at the sole discretion of Outbound and penalty fees may occur.
In the event the vehicle would be returned more than 30 minutes after the date and time and at the location specified in the specific terms and conditions (unless an extension of the rental period was previously approved in writing or email by Us) the User will be charged for additional hours the vehicle has been used plus additional penalties if Outbound has suffered any damages related to that delay (for example if that vehicle was booked by another User on the next rental period).
If the vehicle has not been returned more than twenty-four (24) hours after the end of the rental period at the location specified in the specific terms and conditions, the vehicle will be reported as stolen to the police and the User will be prosecuted to the maximum extent permitted by law.
1.12 Recharging the Vehicle
The User may return the vehicle back at the end of the rental period at any charge level provided that charge level is above 10%.
When the battery state of charge is low, you may recharge the Vehicle at the Recharge Station at the Designated Parking Space. If however you are not near the Designated Parking Space and elect to charge the vehicle at a public Recharge Station, you will be liable for any associated costs of that public charging facility.
Drivers must ensure that the recharging at any public charging facility only occurs at approved electric vehicle Recharge Stations in accordance with the Schedule of approved charging providers.
When using charging stations, the User must ensure to unplug and move the car once the charging cycle is complete. Failure to do so may result in penalty fees (at the standard rate of the charging provider) per additional minute of occupying the supercharger after the end of the recharge. This charge is levied by the charging provider and is outside the control of Outbound.
The specific terms and conditions will mention an indication of the theoretical range achievable with the vehicle. This mention is by no way a guarantee that this range will be effectively achievable without intermediate charging as many factors significantly influence that theoretical range such as driving style, weather conditions, use of heating or air conditioning, types of road, etc. It is the responsibility of the driver to ensure he/she charges the vehicle before the battery is fully depleted.
Any additional costs resulting from battery breakdown due to User charging failure or negligence shall be charged back to the User.
1.13 Trip Fees
You agree to pay the Fees that accrue based on the amount of time that you use the Outbound Vehicles and any Additional Fees pursuant to this Agreement. You therefore authorise Outbound Mobility to use the Payment Method to:
make a deduction from your account for pre-authorisation purposes.
deduct the Usage Fees calculated per minute of vehicle use;
deduct any costs We incur, including tolls, fines and extra cleaning;
pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
for all Damage arising from a Major Breach of this Agreement; and
All sales and payments of Fees will be in Australian Dollars.
The User is entitled to cancel a booking at any time. The refund is subject to the following conditions:
booking cancellation prior to twenty four (24) hours preceding the start time of the rental: full refund; or
booking cancellation less than twenty four (24) hours before the start time of the rental: 50% refund.
1.15 Refunds
You may request a refund from Outbound Mobility. Generally, refunds may be provided where, due to no fault of the Driver, they have lost use of the Vehicle. For example, in an accident they did not cause, or if a Vehicle breaks down.
Depending on circumstances, Outbound Mobility may, in its sole discretion:
refund the Usage Fee to the Account Holder; or
make a partial refund of the Usage Fee; or
not refund the Usage Fee.
Outbound Mobility may request information from you in respect of a refund request.
1.16 Credit Card Authority
Subject to these Terms and Conditions, if any amount is due to Outbound Mobility or remains unpaid, including:
the Usage Fee;
the Reservation Fee;
tolls;
speeding and traffic fines and infringements;
fines or charges imposed for parking;
extra cleaning costs;
public charging costs; or
the Insurance Excess
the Account Holder authorises Outbound Mobility to debit the Account Holder’s credit card within a reasonable time.
1.17 Personal Property
Outbound Mobility takes no responsibility for any personal property.
The Account Holder takes responsibility for any personal property that is lost, stolen or damaged however caused and regardless of fault.
1.18 Accidents and Damage
If you are involved in an accident, you agree to:
report such incidents to Outbound Mobility within 24 hours; and
take photographs of any damage that resulted from the accident.
If you are involved in an accident involving another vehicle or vehicles, you must:
exchange names, addresses phone numbers and email addresses with the driver of the other vehicle; and
record the registration number(s) of any vehicles involved.
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
any person is injured;
the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
the other party appears to be under the influence of drugs or alcohol.
You must also report the theft or Accident to the Police.
1.19 Insurance
Standard Damage Cover is included for Users of Outbound Mobility Services. Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Fee Schedule for each Accident or theft claim unless:
We agree You were not at fault; and
The other party was insured and their insurance company accepts liability.
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You;
if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
Drivers shall be responsible for any loss to the vehicle or to a third party arising from:
A breach of these terms and conditions;
Overhead damage being contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path or objects being placed on the roof of the Vehicle or you or any person standing or sitting on the roof of the Vehicle;
Underbody damage being any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle;
Damage caused by the immersion of the Vehicle in water;
Loading or unloading the Vehicle, except for reasonable wear and tear or damage to the tyres of the Vehicle except for reasonable wear and tear; or
The use of the Vehicle by any driver who is not an Authorised Driver or who is less than 23 years of age or more than 75 years of age.
All Accidents, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing.
1.20 Liability and Indemnity
The Account Holder agrees to indemnify Outbound Mobility and hold it harmless in respect of all losses, claims, legal proceedings, actions, costs, losses; including consequential loss, damages that are suffered or interest and any other expenses whatsoever that is incurred in relation to:
driving the Vehicle;
accidents;
damage;
Accessing or using Outbound App or the Website, regardless of the purpose it was used for, or any other act or omission in connection with the Outbound App, User or Visitor data, accuracy of information, or anything else, howsoever caused and regardless of which party is at fault or is responsible for any such act or omission.
1.21 Force Majeure
Neither party may be held liable for any act, omission or circumstance due to an event beyond their control which that party could not have avoided with a reasonable effort, providing it advises the other party in detail and in writing, as soon as possible after the occurrence of the said event, and that it takes reasonable steps to remedy the situation quickly and remove the cause of those acts, omissions or circumstances.
These acts, omissions or circumstances shall include but not be limited to:
War, declared or undeclared, revolution or action taken by public enemies; riots or civil disturbances; strikes, lock outs or work stoppage, affecting all or part of the Club’s staff; acts of God; constraints imposed by any government or public authority; or any other cause that is reasonably beyond the control of one of the other party; and
an epidemic, pandemic, outbreak, disease or any illness that results in the Venue being unavailable for the purpose of the Event because of any direction or recommendation given by Local, State or Federal Government.
The duty to remedy any one of these causes quickly in no way includes the duty to end strikes or industrial conflict by accepting the demands of the other party or parties.
1.22 Dispute Resolution
Outbound Mobility and the Account Holder agree that, subject to urgent injunctive relief and any other legal right, no legal action may be taken by either party in any court or tribunal until the parties first taken reasonable steps, in good faith, to resolve the dispute under this clause.
If a party asserts that a Dispute exists, that party must send the other party a notice in writing (Dispute Notice) describing the:
nature of the Dispute;
areas of expertise in considers are required to resolve the Dispute;
material issues of the Dispute;
the relief or outcome being sought; and
proposed solution to resolve the Dispute, which must be reasonable in the circumstances.
Within 14 days of receipt of the Notice of Dispute, the other party will provide a written response (Notice of Response) stating its position in relation to the Dispute, including:
a response and comment to the Dispute Notice as to:
to the nature of the Dispute;
the relief or outcome referred to in the Notice of Dispute;
the proposed solution of the other party and any proposed alternative solution;
any additional issues or matters that would assist to resolve the Dispute; and
any other reasonable comments or suggestions.
Within 14 days of the Notice of Response, or as otherwise reasonably agreed to by the parties, the parties must meet in person and take steps to resolve the dispute reasonably and in good faith (Negotiation).
General Terms
1.23 Amendment
Subject to each Statement of Work that the parties agree to enter from time to time, this Agreement may only be varied by agreement of the parties who must execute a further agreement to give effect to such an agreement.
1.24 Costs
Subject to any legal or court proceedings that follow the dispute resolution process contained in clause 1.19, each party will bear their own costs in all matters relating to this Agreement.
1.25 Counterparts
This Agreement may be executed any number of counterparts and each counterpart will have the same force and effect as if it were executed as a single document.
1.26 Electronic Exchange
Delivery of this Agreement between the parties by way of email will be of the same effect had the document been provided in signed, hard copy. If a party delivers to the Agreement by electronic means, the original signed version must be also posted, however, the failure to deliver the original version, the Agreement will still be valid and binding.
1.27 Entire Agreement
This Agreement contains the entire understanding between the parties in relation to its subject matter and supersedes any previous arrangement, understanding, inducements, undertaking or agreement relating to its subject matter.
1.28 Further Assurances
The Parties agree to do all things reasonably necessary to fulfil their obligations under this Agreement, including deliver any and all Material and information and execute this Agreement promptly and without undue delay.
1.29 Governing Law and Jurisdiction
The parties agree that this Deed will be governed and interpreted in accordance with the laws of Queensland and the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of that State.
1.30 Further Assurances
The Parties agree to do all things reasonably necessary to fulfil their obligations under this Agreement, including deliver any and all material; including Source Material, Confidential Information, access, control and/or ownership of Platform Accounts, and any other information, and execute this Agreement promptly and without undue delay.
1.31 No Waiver
No failure, delay or indulgence in relation to this Agreement will constitute a waiver or any parties’ rights under this Agreement. Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this Agreement.
1.32 Third Parties
This Agreement is intended to only benefit the Contractor and the Company, their successors and permitted assigns and is not intended to be for the benefit of any third-party.
1.33 Severability
If a clause in this Agreement is deemed to be illegal, void or unenforceable in any jurisdiction, the remaining terms of this Agreement will stay in full force and effect.
1.34 Interpretation
The following rules of interpretation apply in this Agreement unless the context requires otherwise:
headings in this Agreement are for convenience only and do not affect its interpretation or construction;
a reference to a document, including this Agreement, is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
in each schedule to this Agreement, a reference to a paragraph is a reference to a paragraph in that Agreement;
a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
a reference to writing includes any communication sent by post, facsimile or email;
a reference to time refers to time in Brisbane, Queensland and time is of the essence;
all monetary amounts are in Australian currency;
the word “month” means calendar month and the word “year” means 12 calendar months;
the use of words such as “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions, are used without limitation;
a reference to a “party” is a reference to a party to this Agreement and a reference to a “third party” is a reference to a person that is not a party to this Agreement;
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually;
words in the singular include the plural and vice versa; and
a reference to one gender includes a reference to the other genders.
Definitions
Account means the account of the Account Holder within the Outbound Sharing App.
Account Holder means the company or natural person who is entering the Agreement and who is therefore the responsible party under the Agreement.
Additional Fees means one or more Cleaning Fee, Damage Excess, tolls, fines or infringements, reservation
Designated Parking Space means the parking bay at the Host Property where you collected the Vehicle.
Device means any device that is attached, installed, or fixed to a Vehicle including, but not limited to toll road tags, car parking tags, access devices, and security devices.
Driver means the person who Outbound Mobility authorises to Use the Vehicle or Vehicles under the Agreement.
Driver’s License means a driver’s license that enables the holder to legally drive on Australian roads.
Excessive Cleaning Fee means a one-off fee made to cover cleaning costs over and above the expected condition of the vehicles after a trip.
Host Property means the establishment where you picked-up the vehicle from.
Insurance Policy means the contract in place between Outbound Mobility and our insurance partner determining the claims that the insurer is legally required to pay.
Outbound Sharing App means our mobile application and all the text, data, information, software, graphics, photographs associated that enable You to register, reserve, access and otherwise use the Outbound Vehicle Service.
Payment Method means a valid credit card that the Driver or Account Holder uploads and provides and is approved in the Outbound Sharing App.
Reservation Fee means the per-minute fee paid to secure the Outbound vehicle in advance of a trip.
Usage Fee means the fee that the Driver agrees to pay to drive the Vehicle for the Usage Period as shown within the Outbound Sharing App.
Usage Period means period that the Driver shown within the Outbound Sharing App.
Recharge Station means Outbound Mobility’s charging station at the Host Property or any other public electric vehicle charging station available for use.
Website means the website of Outbound Mobility at the URL: https://www.getoutbound.io
Schedule 1 – Outbound Service Fees
This Schedule forms part of the Agreement.
Variable by vehicle, shown in app
Per-hour or per-day fee, paid at time of booking
50% of trip fee, if cancelled less than 24 hours before trip start
Full refund if cancelled at least 24 hours prior to the trip. 50% refund if within 24 hours of trip.
Hourly rate plus inconvenience fees
A per-hour fee charged if returning the vehicle beyond the allowed rental time.
May also include additional costs for cleaning and/or repairs
May also include additional costs for cleaning, deodorising and/or repair
Charged separately to usage, no admin fees
Passed on + $100 admin fee
Fines passed on to driver plus additional fee to cover Outbound admin.
$20 admin fee + 12% p.a. interest compounded daily
Where payment is owed and not paid on time, late fees will apply.
Call out (if user at fault)
At Outbound’s discretion, depending on issue
Towed to nearest appropriate charging station
If service or vehicle is at fault, Outbound will not charge for call out
If a car is returned in a state unfit for the next user, this fee will be charged for cleaning
Lost/damaged Outbound equipment
$200 + cost of replacements
This includes (but not limited to) logbooks, e-tags, vehicle guides etc.
Drivers other than verified account holder
Up to the amount shown is applicable to all drivers over the age of 23 for any damage claims
At certain times, we can provide bonus credits to users for discounted use of vehicles
At certain times, we can offer discounted packages to partners for discounted use of vehicles
