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Apex Terms and Conditions

1. Parties

The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the vehicle (hereinafter jointly and severally referred to as "the hirer") and Apex Car Rentals hereinafter referred to as "the owner".

2. Vehicle Description

"The owner" will let and "the hirer" will take on hire the vehicle detailed on the Rental Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".

3. Authorised Drivers

Only those persons named as authorised drivers on the Rental Agreement shall be permitted to drive the vehicle(s) supplied under this agreement, and then only if those persons hold a current full (non-probationary) drivers licence appropriate for the vehicle at the time that they are driving the vehicle. The minimum age for drivers is 21 years old.

4. Terms of the Hire and Vehicle Charges

4.1 All rates include GST and standard loss or damage cover (refer to clause 12).

4.2 The hire will terminate when the vehicle is returned to the Apex rental location specified in the rental agreement.

4.3 The vehicle may not be driven outside the area marked in Fig 1 on the Rental Agreement (and also displayed on this web page). After hours pick up or return is by prior arrangement only. Unauthorised late return will attract a late return charge of $40 in addition to the daily rate (see clause 16.4).

4.4 Please phone us if you wish to extend, and if this is possible we will always oblige. Vehicle hire charges are non-transferable. In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund generally applies (see clause 16.3 for further details).

5. Other Products and Services

The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.

6. Total Charges for Other Products and Services

The hirer is responsible for the correct fitting and use of accessories. The hirer is liable for the full replacement cost up to $200 per item (relevant to the cost of the item) the event that any of these accessories are lost, stolen or damaged.

7. Acceptance

7.1 The hirer agrees to be bound by all of the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is liable for any excess owing due to damage of the rental vehicle except in certain circumstances (Refers clause 12 and 13 for details).

7.2 The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the agreement and that Apex is authorised to charge any amounts owing to Apex under the Rental Agreement to this card. The hirer’s attention is drawn to clauses 12 to 18.

8. Use of the Vehicle

8.1 The Driver
The hirer:

1. shall ensure that only the hirer or an authorised driver will drive the vehicle;
2. shall ensure that the hirer and any authorised driver hold a current licence (not being a learner licence or provisional licence) to drive the vehicle and have been licensed to drive vehicles of the same category as the vehicle for at least 12 consecutive months; and
3. agrees that they are responsible for the acts and omissions of an authorised driver or any other person the hirer allows to drive the vehicle and neither the hirer nor any unauthorised driver will have the benefit of any Loss or Damage Cover or optional coverage if the hirer allows an unauthorised driver to drive the vehicle and that unauthorised driver causes loss of or damage to the vehicle or damage to the property of a third person.

8.2 Use of the vehicle
The hirer and any authorised driver must:

1. not use the vehicle in contravention of any law, including any regulations, rules or bylaws relating to road traffic;
2. not sublet or hire the vehicle to any other person;
3. not allow the vehicle to be operated outside the hirer’s authority;
4. not drive, or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current full (non-probationary) drivers licence appropriate for the vehicle;
5. not use, or allow the vehicle to be used, for any illegal purpose, or for any race, contest, rally, speed test or performance test of any kind;
6. not use, or allow the vehicle to be used, to push anything;
7. not carry, or allow the vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the vehicle;
8. not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle is driven;
9. not, without Apex’s prior written consent, use or allow the vehicle to be used to carry passengers for payment of any kind;
10. not use the vehicle when it is damaged or unsafe;
11. provided it is reasonable in the circumstances to do so, not drive the vehicle after an accident or hitting an object (including an animal) until the hirer has obtained Apex’s approval to do so;
12. not use the vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the hirer’s cost) and in accordance with the manufacturer’s specifications and Apex’s recommendations;
13. not, without Apex’s prior written consent, use the vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
14. not use the vehicle for the conveyance or towing of any load unless the hirer has obtained Apex’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the vehicle was manufactured; for towing, the vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the manufacturer’s specifications and Apex’s recommendations.

8.3 Where the hirer can and cannot drive the vehicle
Notwithstanding clause 4.3 the hirer and any authorised driver:

1. may, subject to the remainder of this clause 8.3, drive the vehicle in South Australia and Tasmania;
2. may only use the vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road;
3. must not, unless authorised in writing by Apex, drive or take the vehicle:
   1. To any island off the coast of Australia (i.e. Fraser Island or Magnetic Island), with the following exceptions:
      1. Apex vehicles are permitted on Kangaroo Island (South Australia) & Bruny Island (Tasmania) under specific terms & conditions and approval from Apex Adelaide (for travel to Kangaroo Island) and Apex Tasmania (for travel to Bruny Island);
   2. into or out of the Northern Territory, Western Australia or Tasmania;
   3. on beaches or through streams, dams, rivers or flood waters; or
   4. in Queensland:
      1. on Highway No.27 beyond Chillagoe in a westerly direction;
      2. on Highway No.1 no further west than Minnamoolka at the junction with Highway No. 62;
      3. beyond Cooktown to the north or Lakeland to the west and no further north than Cape Tribulation on the Cape Tribulation Road;
      4. south on Shiptons Flat Road / Bloomfield Road / Helenvale Bloomfield Road / Rossville Bloomfield Road / Cape Tribulation Bloomfield Road from Helenvale to Cape Tribulation

8.4 In this agreement “manufacturer’s specifications” means the specifications of the manufacturer of the vehicle as set out in the vehicle’s operations manual located in the glove box of the vehicle, or as otherwise specified by Apex.

9. The Hirer’s Obligations

The hirer shall ensure that:

1. all reasonable care is taken when driving and parking the vehicle;
2. the vehicle is locked and secure at all times when it is not in use;
3. the keys are under the hirer’s or an authorised driver’s personal control at all times;
4. all passengers in the vehicle comply with all applicable seat belt and child restraint laws;
5. the vehicle is only filled with the fuel type specified in the manufacturer’s specifications;
6. all the vehicle’s engine oils and engine coolant levels are maintained to the manufacturer’s specifications (provided that Apex has provided the vehicle to the hirer with engine oils and engine coolant at levels which reflect the manufacturer’s specifications);
7. no person interferes with any part of the engine, transmission, braking or suspension systems; and
8. no person smokes inside the vehicle.

10. Activation of Warning Lights, Breakdown and Mechanical Repairs

10.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either Apex or 24-hour Roadside Assistance.

10.2 The hirer shall not arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property, in which case the hirer must promptly inform Apex of such repairs or salvage. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. To the extent Apex cannot,acting reasonably, verify the cost of repairs, Apex will not reimburse the hirer. Please also refer to the information printed on the Apex additional information sheet supplied with the Rental Agreement for procedures relating to tyres and breakdowns.

10.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, Apex will refund to the hirer the rental charges that relate to the period during which the car could not be used or a replacement was not available. Apex undertakes to arrange repair or replacement with another Apex vehicle as soon as practicable.

10.4 Apex will provide 24 hour roadside assistance for all inherent mechanical faults related to the vehicle (as reasonably determined by Apex or its authorised repairer) at no additional cost provided the fault does not arise from any authorised use of the vehicle in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions). For all other roadside assistance call outs including refueling, jump starts, tyre related incidents (except for flat tyres that are caused by normal wear and tear), lost keys, keys locked in the vehicle or a flat battery due to lights or other electrical equipment being left on, the Roadside Assistance Fee will be charged unless the hirer has purchased optional Roadside Assistance Cover.

10.5 Roadside Assistant Cover does not apply if the vehicle has been used in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions), or for any additional amounts payable under clause 13.1.

10.6 “Roadside Assistance Cover” means the following services for the payment of the Roadside Assistance Cover Fee specified in the rental agreement; refuelling up to 6 litres where the hirer runs out of fuel, changing flat tyres, provision of spare keys where the hirer loses the keys to the vehicle, unlocking the vehicle where the hirer locks the keys in the vehicle, and provision or a replacement battery or “jump start” where the vehicle has a flat battery due to the hirer leaving the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off. “Roadside Assistance Fee” means a minimum charge of $198 (including GST), or such other amount as reasonably determined by Apex having regard to the roadside assistance callout event (for example: a lost key can cost up to $670 including GST to replace.)

11. Accidents and Claims

11.1 In the event of an accident the hirer shall:

1. notify Apex of the full circumstances as soon as practical;
2. promptly notify the Australian Police if the accident involves injury, or otherwise if required by law;
3. record full details of all parties, witnesses to and vehicles involved in the accident;
4. if possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, the hirer must obtain a copy of the Police report.

11.2 In the event of an accident the hirer shall not:

1. make any admission of liability, except to the extent that the hirer is required to provide a statement to the Police;
2. arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property in which case the hirer must promptly inform Apex of such repairs or salvage.

11.3 If an accident is the fault of the hirer and the accident renders the vehicle unfit to drive, Apex will offer the hirer, at Apex’s discretion, a refund or a replacement vehicle for the unused hire period (commencing the day after the accident). Apex shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. If Apex offers the hirer an alternative vehicle, the vehicle shall be made available at an Apex branch, not delivered to the accident location. If the hirer is at fault, Apex reserves the right to provide the replacement vehicle subject to an increased hirer’s liability.

11.4 Where an accident or the use of the vehicle by the hirer or any other person results in a claim (“Incident”), or where damage or loss is sustained to the vehicle or the property of any third party, the hirer must ensure that the hirer, or any authorised driver:

1. promptly reports the Incident in writing to Apex;
2. does not, without Apex’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
3. permits Apex or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the hirer’s name in relation to the Incident;
4. completes and furnishes to Apex within a reasonable time any statement, information or assistance which Apex or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

11.5 Apex will meet the hirer’s reasonable out-of-pocket expenses in complying with clause 11.4(c) or 11.4(d).

11.6 If the hirer does not comply with clause 11.1(a) or 11.4(a), and Apex is unable to investigate the accident or Incident, Apex will, if it is reasonable to do so, debit all charges to the hirer’s account pending receipt of the hirer’s report about the accident or Incident.

12. Loss or Damage Cover

12.1 Subject to this clause 12 and clause 13, the hirer is liable:

1. for the loss of, and all damage to, the vehicle (including its parts, components, accessories and contents); and
2. for all damage to the property of any person:
   1. which is caused or contributed to by the hirer or any person the hirer allows to drive the vehicle; or
   2. which arises from the use of the vehicle by the hirer or a person the hirer allows to drive the vehicle.

This clause 12 does not apply to any damage or loss for which Apex is liable to the hirer under this rental agreement.

12.2 Subject to clauses 12.3, 12.5 and 13, Apex waives the hirer’s liability under clause 12.1 for damage to, or loss of, the vehicle and will ensure that the hirer and any authorised driver are entitled to be indemnified under the Apex Insurance Policy if:

1. The hirer accepts Loss or Damage Cover (which is included in the hirer’s rate); and
2. The hirer pays the Excess Amount for each separate event involving:
   1. Damage (including hail damage) to, or loss of, the vehicle; or
   2. Damage to the property of any third party which is caused by the use of the vehicle by the hirer or an authorised driver.

12.3 In the event of an unintended collision between the vehicle and any other object, including another vehicle, during the rental period that results in damage to the vehicle or to the property of any third party, Apex waives the hirer’s liability under clause 12.1 and will ensure that the hirer is entitled to be indemnified under the Apex Insurance Policy, and Apex will refund the hirer any Excess Amount the hirer has paid to Apex, provided that, acting reasonably, Apex agrees that the hirer or an authorised driver was not at fault and:

1. the hirer and any authorised driver hold a current drivers licence;
2. the hirer has provided Apex with any details of the incident that Apex reasonably requests including:
   1. the name, residential address, contact phone and licence number of any person involved;
   2. the registration numbers of all vehicles involved;
   3. an accurate description of the incident and location; and
   4. the names of any attending police officers and the stations at which they are based; and
3. the hirer has supplied or Apex has established the name of the insurer of any third party the hirer believes was at fault and Apex has been paid by the insurer for the loss or damage.

12.4 If clause 12.3 applies, Apex may debit the hirer’s account with the Excess Amount at the time of loss of, or damage to, the vehicle, however when Apex has been paid by the insurer of a third party for the loss or damage, Apex will, within a reasonable period of time, refund the hirer the Excess Amount the hirer paid.

12.5 Apex does not waive the hirer’s liability under clause 12.1, and the hirer will be liable, where the damage, injury or loss arises when:

1. The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle or has a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle is driven;
2. The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
3. The vehicle is operated in contravention of clause 8.2 of this agreement (save, in respect of clause 8.2(a), for minor infractions) and such contravention contributed to the damage, injury or loss;
4. The vehicle is driven by any person who is not an authorised driver named on the agreement and that unauthorised driver causes loss of or damage to the vehicle or damage to the property of a third person;
5. The vehicle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named on the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
6. The vehicle is operated off-road, or on any beach;
7. The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including through streams, dams, rivers or flood waters;
8. The vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;
9. The vehicle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle, such as a surfboard or bicycle; or
10. The vehicle is operated outside the prescribed area of use in Fig. 1 or not in accordance with clause 8.3.

12.6 If clause 12.1 or 12.2 applies, the hirer must pay to Apex, or Apex may debit the hirer’s account with, the Excess Amount at the time of loss of, or damage to, the vehicle pending Apex’s assessment of the loss and damage and, if available, the repair of the vehicle, subject to the hirer’s right to a refund under clause 12.7.

12.7 If the amount determined by Apex and paid by the hirer under clause 12.6 exceeds the final costs of the loss, damage or repair, Apex will refund the difference to the hirer within a reasonable period of time. Apex will provide details to the hirer of the final costs of the loss, damage or repair on request by the hirer within a reasonable period of time. For the purpose of calculating any refund under this clause 12.7, Apex will add the Recovery Costs to the amount of costs of damage and repair to the vehicle.

12.8 Where the hirer is required to pay Apex under this clause 12 or clause 13, the amount the hirer must pay for any loss, damage, repair, cost of fee:

1. may be reasonably determined by Apex; and
2. in relation to damage to the vehicle, is the lesser of the cost of repairs to the vehicle or the market value of the vehicle at the time of the damage.

12.9 If this clause 12 applies, and the total of the Recovery Costs and the costs and fees that the hirer must pay under this clause is greater than the Excess Amount, you must pay the difference to Apex, or Apex may debit the hirer’s account with, the difference.

12.10 In this agreement:

1. “Apex Insurance Policy” means a policy of liability insurance held by Apex for the hirer’s and any authorised driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the vehicle by the hirer or an authorised driver;
2. “Loss or Damage Cover” means the cover which reduces the hirer’s financial responsibility for loss or damage to the vehicle to the Excess Amount
3. “Recovery Costs” means any appraisal costs and any towing and storage costs which are actually and reasonably incurred, plus a reasonable administrative fee reflecting the costs of making arrangements for repairs and towing and other administrative activities.

13. Hirer’s Liability for Damage

13.1 Even if the hirer accepts the Loss or Damage Cover, and pays for any optional coverage, the hirer must always pay to Apex the full amount of the following costs and fees:

1. The cost of repairing any:
   1. Overhead damage or underbody damage (including, without limitation, damage which occurs if the hirer drives the vehicle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds);
   2. Any and all damage to the vehicle (including windscreens and tyres) or to the property of any third party caused deliberately or recklessly by the hirer or any other driver of the vehicle or a passenger carried during the rental period and associated Recovery Costs;
   3. Damage to an accessory not attributable to normal wear and tear;
   4. Damage associated with the incorrect use of or contamination of fuel (diesel or petrol);
2. The cost of replacing, if lost or stolen, an accessory (including cost of replacement of lost or stolen car keys);
3. The cost of recovering a car that has become bogged or immovable (in circumstances where it is the hirer’s fault that the car has become bogged or immovable);
4. Costs arising under clause 14; and
5. If you have breached the rental agreement (save, in respect of clause 8.2(a), for minor infractions), a per day amount for loss of use of the vehicle by Apex during the period the vehicle is off fleet for repair, based on the actual downtime of the vehicle (or, where the actual downtime of the vehicle is not known, a reasonable estimate of that downtime), provided that the hirer’s breach has caused the downtime of the vehicle. This per day amount is charged at the daily rental rate for the vehicle hired.

13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.

13.3 In this agreement:

1. “Overhead damage” means damage (excluding hail damage) to the vehicle above the top of the door seal or the top of the front and rear windscreens, or damage to third party property, caused by the vehicle coming into contact with any thing overhanging or obstructing its path, objects being placed on the roof of the vehicle, or the hirer or any person standing or sitting on the roof of the vehicle;
2. “Underbody damage” means damage to the vehicle caused by the vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Apex considers, acting reasonably, that the driver of the vehicle is reasonably at fault for that damage.

14. Hirer’s Liability for Cleaning Charges

14.1 If the vehicle is returned in an excessively dirty condition that, in Apex’s reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), the hirer is liable for the full cost of this cleaning or repair, a reasonable administrative fee reflecting the cost of making arrangements for cleaning or de-odorising and, if the hirer has breached the rental agreement, a per day loss of revenue fee based on the actual downtime of the vehicle. Such charges include but are not limited to cleaning of:

1. spillage of fluids such as drinks, milk, oil, paint, etc.;
2. perishable food;
3. removal of hair, stains and odours due to animals in the vehicle;
4. fish and associated smells;
5. vomit;
6. cigarette/cigar smoke smells.

15. Petrol and Other Fuel

15.1 The hirer is responsible for the cost of fuel used during the hire.

15.2 In the event that the vehicle is returned with less than a full tank a refuelling surcharge applies. The hirer is liable for the cost to refuel the vehicle and the refuelling surcharge. For the purposes of this clause, the fuel level of the vehicle at the time the hirer returns it to Apex is determined by visual inspection by Apex of the vehicle’s fuel gauge.

15.3 The hirer must fill the vehicle only with the fuel type specified in the manufacturer’s specifications.

16. Return of the Vehicle and Termination of the Hire

16.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys and all accessories) to the location specified in on the agreement, or obtain Apex’s consent to the continuation of the hire. Requested changes to the return date and time and/or return Apex location are subject to vehicle availability and additional rental costs, and may not always be possible. The hirer must return the vehicle in the same condition as it was at the commencement of the rental period, fair wear and tear excepted.

16.2 If the hirer tells Apex that the hirer wants to return the vehicle to a location other than that stated on the rental document, Apex will advise the hirer of the amount of the ‘one way fee’ that the hirer will incur. If the hirer returns the vehicle to a different Apex location than the location specified on the agreement without Apex’s prior consent the hirer must pay a ‘one way fee’ of up to $2 per kilometre to be determined and paid at the end of the rental period (which may be a significant amount), and a reasonable administrative fee reflecting the cost of making arrangements for return to a different Apex location. The hirer will also be liable for any rental charges calculated under clause 16.4.

16.3 Apex has the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle, including towing charges actually incurred, in any of the following circumstances:

1. The hirer is in breach of any material term of this agreement and has not remedied that breach after notice to do so;
2. The hirer has obtained the vehicle through fraud or misrepresentation;
3. The payment for the rental is 3 days in arrears;
4. The vehicle appears to be abandoned;
5. The vehicle is not returned on the agreed return date;
6. The vehicle is damaged or involved in an accident during the rental period, in either case due to the fault of the hirer; or
7. Apex considers, on reasonable grounds, that:
   1. damage to the vehicle or injury to persons or property is likely to occur in either case due to the fault of the hirer;
   2. the vehicle may be used for an unlawful purpose; or
   3. the vehicle may be involved in an industrial dispute.

If Apex terminates or repossesses the vehicle in accordance with clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g) the hirer has no right to a refund of any part of the rental charges. If Apex terminates or repossesses the vehicle in accordance with clause 16.3(f), Apex will offer the hirer a refund or a replacement vehicle, at Apex’s discretion. The termination of the hire under this clause shall be without prejudice to the other rights of Apex under this agreement or otherwise. Rental Agreement Terms & Conditions The reference in clause 4.4 to ‘voids the agreement’ means circumstances where Apex has exercised its right of termination in clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g).

16.4

1. If the hirer returns the vehicle on a date or at a time, or to a place other than that shown on the rental document, the rates shown on the rental document will not apply and you must pay the rate that in the circumstances is reasonably applicable for the vehicle for the rental period (which is likely to be higher than the rates shown in this agreement), plus, if late, the late return charge specified in clause 4.3.
2. The hirer acknowledges that Apex may have rented the vehicle to another customer from the period after the hirer is due to return the vehicle, and if the hirer does not return the vehicle by the date and time specified on the rental agreement and does not extend the rental in accordance with clause 4.4, Apex may be required to make alternative arrangements to provide a replacement vehicle for such customers. The late return charge in clause 4.3 is intended to be a reasonable administrative fee in these circumstances.

16.5 If the hirer does not return the vehicle on the date and by the time shown on the rental agreement (or any extended date and time agreed with Apex) then:

1. after written notice to the hirer and if the location of the vehicle is unknown, Apex may report the vehicle as stolen to the police; and
2. the hirer must pay all charges (including any additional rental charges) and compensate Apex in accordance with clause 12 for any loss Apex suffers (including all reasonably additional costs Apex incurs in recovering the vehicle) up to the time the vehicle is recovered by Apex. For the avoidance of doubt, if the hirer reports the vehicle as stolen to the police and to Apex, the hirer will not be charged for rental charges after that date.

17. Calculation of Charges

17.1 Apex calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.

17.2 Extensions authorised by Apex are charged at the same daily rate as the original rental.

17.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. Apex accepts no liability for any such variations.

18. Tolls and Infringement Fees

18.1 The hirer must pay all parking, speeding and traffic infringements and tolls in respect of the vehicle during the rental period.

18.2 If Apex receives an Unpaid Toll Notice relating to the period the vehicle was on hire, an administration fee of $40.00 will be charged in addition to the toll fee.

18.3 If Apex receives notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire, Apex will complete a statutory declaration nominating the hirer as the driver of the vehicle and an administration fee of $40.00 will be charged.

19. Representations

19.1 The hirer acknowledges that Apex relies on the truth of the hirer’s representations in this agreement.

20. Personal Injury, Personal Property and Storage of Property

20.1 Apex recommends that all people travelling in Australia take out Personal Travel Insurance.
To the extent permitted by law, Apex does not accept any liability for:

1. personal injuries sustained during the rental;
2. damage or loss of the hirer’s personal property;
3. property belonging to any other person which is carried or left in the vehicle, except to the extent that Apex’s acts or omissions have caused or contributed to such loss.

20.2 In the event that the hirer or any other person leaves any property in the vehicle after its return to Apex or otherwise with Apex for any reason this is at that person’s own risk and Apex will not, unless Apex is negligent or fraudulent, accept any liability for damage or loss to that property.

21. Claims Against Third Parties

21.1 Apex is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss. Apex will provide an invoice for any amount paid to Apex by the hirer. Apex will only provide repair quotes, police reports, photographs or any other information to the hirer if requested by the hirer and if it is reasonable for Apex to do so.

21.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the relevant sum directly to Apex and Apex will provide an invoice for the sum paid.

22. Personal Property Securities Law

22.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – “financing statement”, “interested person”, “register”, “proceeds”, “security agreement” and “security interest”.

22.2 The hirer acknowledges that:

1. by renting the vehicle from Apex, the hirer may be granting a security interest in the vehicle (and any proceeds) to Apex, and that this Rental Agreement may constitute a security agreement;
2. any security interest arising under this Rental Agreement attaches to the vehicle when the hirer obtains possession of the vehicle and not at any other time; and
3. Apex may perfect its security interest by lodging a financing statement on the PPSA register.

22.3 Apex does not need to give the hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded. The hirer must do anything reasonably required by Apex to enable Apex to register its security interest, with the priority it requires, and maintain the registration.

23. Consumer Rights Statement

All of the hirer’s rights set out in this Rental Agreement are in addition to the hirer’s rights as a consumer (“Consumer Rights”) under applicable consumer protection legislation, including the Australian Consumer Law. A hirer’s Consumer Rights are not excluded, restricted or modified by this Rental Agreement. A hirer can find out more about Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

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Linkt Terms and Conditions

Tollaust Pty. Limited (ACN 050 538 693), trading as Linkt (Linkt), through Apex as Linkt’s agent, offers the Linkt Rental Product to You on these Linkt Terms and Conditions.

By signing the Rental Agreement, You accept and agree to be bound by these Linkt Terms and Conditions.

Part A: General

1. Interpretation

In these Linkt Terms and Conditions unless the contrary intention appears:

• (a) a reference to these Linkt Terms and Conditions includes any variation to it;
• (b) the singular includes the plural and the plural includes the singular;
• (c) a gender includes all genders;
• (d) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
• (e) an obligation imposed on two or more parties binds them jointly and severally;
• (f) a reference to a time or date is a reference to that time or date in Melbourne, Australia;
• (g) any reference to dollars and $ is to Australian currency;
• (h) a provision of these Linkt Terms and Conditions must not be interpreted against Linkt just because Linkt prepared these Linkt Terms and Conditions;
• (i) a reference to any legislation or subordinate legislation includes any modifications or changes;
• (j) headings in these Linkt Terms and Conditions have been inserted for convenience and do not affect the interpretation of these Linkt Terms and Conditions; and
• (k) a reference to a clause or a part is a reference to a clause or a part of these Linkt Terms and Conditions.

2. Creation of Linkt Rental Account

If You are a Consumer Customer, Linkt will create a Linkt Rental Account for You in connection with Your use of the Vehicle(s) You have rented from Apex on Toll Roads as agreed under the Rental Agreement, unless You have chosen to use or set up your own valid alternate tolling arrangement before You travel on a Toll Road.

3. Your Linkt Rental Product

• (a) The Linkt Rental Product is provided by Linkt to enable the payment of Tolls and Fees relating to Your Trips using Your Vehicle(s) in accordance with these Linkt Terms and Conditions.
• (b) You remain responsible at all times for the acts and omissions of any Authorised Driver and any other person using the Vehicle, including for any Tolls and Fees they incur.

4. When You should contact Linkt

• (a) Any questions regarding Tolls or Fees should first be referred to Linkt.
• (b) You should contact Linkt using the contact details set out in Part D of these Linkt Terms and Conditions as soon as possible if:
• • (i) You change Your email or Your mobile phone number; or
  • (ii) You become aware of anything that may or will affect any payment described in these Linkt Terms and Conditions.

5. Tolls and Fees payable

• (a) This clause 5 applies only to Consumer Customers.
• (b) You must pay the following to Linkt:
• • (i) all Tolls incurred in accordance with clause 6.1;
  • (ii) the Rental Service Fee; and
  • (iii) any other costs reasonably incurred by Linkt in enforcing its rights under these Linkt Terms and Conditions, including any reasonable fees or charges imposed by a third party on Linkt where You have refused or failed to pay any amount under these Linkt Terms and Conditions.
• (c) If You fail to pay any Tolls or Fees as required by these Linkt Terms and Conditions:
• • (i) Linkt may refer that failure to a Credit Reporting Agency, debt collection agency or to Apex who may charge You reasonable additional fees or charges; and/or
  • (ii) Linkt may suspend or cancel the Linkt Rental Account and the provision of the Linkt Rental Product to You.
• (d) Linkt will not be required to refund to You any reasonable additional fees or charges described in clauses 6.1 and 5(c) that are charged to You by a debt collection agency or Apex.

6. Payment

6.1 Charges to Your Linkt Rental Account

• (a) All Tolls and Fees incurred in connection with any Trips undertaken by Vehicles will be charged to the Linkt Rental Account. For the avoidance of doubt, payment by cash is not an acceptable payment method.
• (b) You warrant and represent that You are authorised to have any Tolls and Fees that are incurred in connection with any Trips undertaken by Vehicles charged to the Linkt Rental Account.

6.2 Payment by Nominated Card

• (a) This clause 6.2 applies only to Consumer Customers.
• (b) If You are using a Nominated Card to pay for the rental of a Vehicle or have otherwise provided a Nominated Card for the payment of Tolls and Fees, You:
• • (i) agree that Apex may disclose to Linkt, and You authorise Linkt to receive, all details of your Nominated Card that are required for Linkt to process Your payment of all Tolls and Fees and to otherwise pay all outstanding balances on Your Account;
  • (ii) warrant and represent to Linkt that You are authorised to use the Nominated Card to meet Your payment obligations under these Linkt Terms and Conditions; and
  • (iii) authorise Linkt to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, Linkt under these Linkt Terms and Conditions.
• (c) Linkt will debit Tolls and Fees and other amounts payable to, or from, Linkt under these Linkt Terms and Conditions.
• (d) You must immediately provide Linkt with details for an alternative Nominated Card, which can be used to meet Your obligations under these Linkt Terms and Conditions, and an authority for Linkt to debit the alternative Nominated Card, if:
• • (i) the existing Nominating Card is cancelled, suspended or is otherwise not useable; or
  • (ii) the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

6.3 Recovery of payments

• (a) This clause 6.3 applies only to Consumer Customers.
• (b) You acknowledge and agree that Tolls and Fees incurred by Vehicles for Trips on Toll Roads are a debt due and payable by You to Linkt.
• (c) If You:
• • (i) have provided a Nominated Card for the payment of Tolls and Fees under clause 6.2; and
  • (ii) You do not pay the amount of those Tolls and Fees in full by the relevant Payment Date,

then Linkt may contact You using the details provided to it by Apex to seek payment of the overdue Tolls and Fees. If You do not pay such overdue Tolls and Fees within 33 days after the date on which Linkt first contacted You in accordance with this clause 6.3(c), Your liability to pay these overdue Tolls and Fees will be transferred to Apex and Apex (or a third party acting on Apex’ behalf) may contact You directly to obtain payment of these overdue Tolls and Fees.

7. Errors in charging Tolls and Fees

• (a) This clause 7 applies only to Consumer Customers.
• (b) If Linkt incorrectly credits You an amount in connection with the Linkt Rental Account, Linkt may recover that amount from You provided that Linkt has given You 10 days prior written notice of its intention to do so.
• (c) Linkt will promptly apply any credit due to You in connection with Your Linkt Rental Account by such method as Linkt may reasonably choose.

8. Linkt Rental Account Statement

During the period in which Your Linkt Rental Account is active, You may view Your Linkt Rental Account Statement without charge at any time by logging on to https://manage.linkt.com.au/retailweb/login

9. What to do if a Vehicle or its number plates are stolen

• (a) You must immediately inform Apex if:
• • (i) a Vehicle is stolen; or
  • (ii) one or both number plates for a Vehicle are stolen.
• (b) If:
• • (i) either
  • • (A) a Trip is undertaken by a Vehicle while stolen; or
    • (B) a Trip is undertaken by a vehicle fitted with one or both number plates that have been stolen from a Vehicle; and
  • (ii) Tolls and Fees are charged to a Linkt Rental Account in connection with a Trip referred to in clause 9(b)(i) or 9(b)(ii) (as applicable),

Linkt will refund those Tolls and Fees to You (as a Consumer Customer) or the Commercial Customer (in the case of Personnel) upon provision of a police report (including the police event number) confirming that the Vehicle or number plate(s) were recorded as being stolen at the time of the relevant Trip.

10. GST

• (a) Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
• (b) If GST is stated as not to be inclusive, You are liable for any GST payable in accordance with applicable law.

11. Liability

To the maximum extent permitted by law, Linkt is not liable (whether in agreement, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that You or any other person incurs arising directly or indirectly from the use of any Toll Road or anything else in connection with these Linkt Terms and Conditions.

12. Consent to use and disclose information

• (a) You consent to Linkt using or disclosing any information (including personal information) that You provide to Linkt (or which Apex provides to Linkt, or which Linkt otherwise obtains) only for the purposes contemplated by these Linkt Terms and Conditions (including the exercise of any rights or the performance of any obligations under these Linkt Terms and Conditions) as detailed in Linkt’s Privacy Policy (available at www.linkt.com.au/legal/policies/transurban-privacy-policy) or the Linkt Privacy and Credit Reporting Disclosures and Consents document attached at Part B of these Linkt Terms and Conditions.
• (b) If You are a Consumer Customer, You consent to any information (including Personal Information) about Your Linkt Rental Account, and any information You provide to Linkt, being disclosed by Linkt to credit reporting bodies, to debt collection agencies or Apex for the Permitted Purpose (including, but not limited to, in circumstances where You are in payment default).
• (c) If You are Personnel, You consent to any information (including Personal Information) about the Linkt Rental Account, and any information You or the Commercial Customer provide to Linkt, being disclosed by Linkt to:
• • (i) credit reporting bodies to enable Linkt to ascertain the credit rating of the Commercial Customer only, following the date on which Your Linkt Rental Account is opened or at any time thereafter while Your Linkt Rental Product remains open;
  • (ii) Apex, including without limitation personal information including the first name and surname of the Personnel;
  • (iii) to the Commercial Customer, including for reporting purposes in relation to a Linkt Rental Account; and
  • (iv) credit reporting bodies and to debt collection agencies or Apex where the Commercial Customer is in payment default.
• (d) Linkt’s Credit Reporting Policy can be found at www.linkt.com.au/legal/policies/transurban-credit-reporting-policy or You can contact Linkt using the contact details set out in Part D of these Linkt Terms and Conditions to obtain a copy.
• (e) You consent to Linkt disclosing any information that is required by law (including by legislation or court order, and including to Apex).
• (f) You consent to Linkt disclosing to Toll Road operators (and the operator’s preferred toll service provider) and any State Roads Authority any information (including personal information) required for Toll collection or enforcement.

13. Complaints, questions and disputes

• (a) If You have a dispute or wish to make a complaint about the Linkt Rental Product, a payment or an amount charged, refunded or not refunded to a Linkt Rental Account, You should contact Linkt. A customer service officer will provide a response with reasons as soon as possible.
• (b) If You believe that Your dispute or complaint has not been properly addressed, You have the right to have the issue reviewed by Linkt’s Customer Resolutions Team.
• (c) If You are not satisfied with the response, You may take Your complaint to the Tolling Customer Ombudsman.
• (d) Unless You tell Linkt that You disagree with Your Account Balance within 60 days of receipt or any invoice, You will not be entitled to dispute the Account Balance recorded on the invoice. Where You dispute Your Account Balance, until that dispute is resolved You must continue to comply with these Linkt Terms and Conditions as if the Account Balance recorded on the invoice was correct.
• (e) Where You dispute Your Account Balance, Linkt may (at its discretion):
• • (i) refund to Your Linkt Rental Account all or part of the disputed amount; or
  • (ii) make other arrangements reasonably necessary to allow for the continued operation of Your Linkt Rental Account, until the dispute is resolved.
• (f) The relevant contact details for Linkt, Linkt’s Customer Resolutions Team and the Tolling Customer Ombudsman are each set out in Part D of these Linkt Terms and Conditions.

14. Suspension or Termination

• (a) Linkt may suspend processing Trips by any or all Vehicles on the Linkt Rental Account if:
• • (i) Linkt is advised by Apex to suspend or close the Linkt Rental Account;
  • (ii) You become bankrupt or appear likely to become bankrupt;
  • (iii) the Commercial Customer who has permitted You (as Personnel) to use the Vehicle(s) in accordance with the Linkt Terms and Conditions is a company and:
  • • (A) it becomes insolvent (that is, not able to pay all its debts as and when they become due and payable) or has a receiver, manager, administrator or liquidator appointed, or appear likely to do so;
    • (B) its shareholders pass a resolution for winding up;
    • (C) an application is made for winding up the company, which is not dismissed or withdrawn within 30 Business Days and which results in an order being made for the company’s winding up; or
    • (D) it enters into an arrangement, composition or compromise with any creditors;
  • (iv) Linkt considers that a material adverse change has occurred in Your or if You are a Personnel, the Commercial Customer’s credit rating;
  • (v) Linkt is required to do so by law; or
  • (vi) for any other reason (including breach of these Linkt Terms and Conditions by You) where Linkt reasonably considers suspension or cancellation of the processing of any or all Trips on the Linkt Rental Account is necessary.
• (b) Linkt may also suspend or cancel the Linkt Rental Account if:
• • (i) Linkt reasonably believes that the Linkt Rental Account or any payment card linked to the Linkt Rental Account or use of Your Linkt Rental Account:
  • • (A) is using Linkt’s systems to determine the validity of a credit card;
    • (B) poses a risk to Linkt or any third party, including the integrity, security or reliability of Linkt or its systems;
    • (C) was obtained fraudulently or using false details; or,
    • (D) is being, or may be being, used for fraudulent, illegal, dishonest or malicious purposes; or
  • (ii) You do not cooperate with any investigation in relation to Your Linkt Rental Account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if You refuse to provide any information reasonably requested by Linkt in response to a request made by Linkt in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.
• (c) For the purposes of these Linkt Terms and Conditions, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity, which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.

15. When these Linkt Terms and Conditions begin and end

• (a) These Linkt Terms and Conditions will begin on the date on which You drive on a Toll Road using a Vehicle.
• (b) These Linkt Terms and Conditions will:
• • (i) if You are a Consumer Customer, terminate automatically on the earlier of:
  • • (A) the date which is 4 months after the date on which the last transaction occurred on the Linkt Rental Account unless earlier terminated in accordance with the provisions of these Linkt Terms and Conditions; or
    • (B) the date on which the Consumer Customer’s liability to pay overdue Tolls and Fees is transferred to Apex in accordance with clause 6.3(c),
  • (ii) if You are Personnel, terminate only when terminated in accordance with the provisions of these Linkt Terms and Conditions.
• (c) The termination of these Linkt Terms and Conditions does not affect any rights that You or Linkt have against each other that arose at or before the termination, including in relation to any outstanding Tolls and or Fees that You have not paid prior to the termination.

16. Notices

• (a) Notices (including any communications or statements) may be given by Linkt to You:
• • (i) by sending an email to Your email address as provided to Linkt by Apex (or as updated by You under clause 3); or
  • (ii) if no valid email has been provided to Linkt, by sending a text message to Your mobile number as provided to Linkt by Apex (or as updated by You under clause 3).
• (b) Notices to Linkt may be sent by email to Linkt’s email address, using the contact details available on Linkt’s website at www.linkt.com.au/sydney/contact-us.
• (c) Notices take effect from the time they are received (unless a no-delivery message is received by the sender).

17. General

• (a) These Linkt Terms and Conditions are the entire agreement between You and Linkt about the Linkt Rental Account and the other matters covered by these Linkt Terms and Conditions. The only enforceable obligations and liabilities of You and Linkt about the subject matter are those arising out of the provisions of these Linkt Terms and Conditions or at law.
• (b) These Linkt Terms and Conditions replace all previous representations, communications and agreements on the subject matter. To the maximum extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) are excluded. Linkt’s liability for a breach of any term or warranty under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) which by law cannot be excluded from these Linkt Terms and Conditions is limited to the maximum extent the law allows.
• (c) If any part of these Linkt Terms and Conditions is illegal or unenforceable it will not apply.
• (d) Any provision of these Linkt Terms and Conditions must be read down to the extent necessary to prevent that provision of these Linkt Terms and Conditions from being invalid, voidable or not enforceable in the circumstances. If a provision of these Linkt Terms and Conditions is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of these Linkt Terms and Conditions will continue to be fully enforceable.
• (e) You will not earn interest on any credit Account Balance or amount You pay to Linkt under these Linkt Terms and Conditions.
• (f) Unless otherwise expressly provided by these Linkt Terms and Conditions, a party does not waive a right, power or discretion just because it:
• • (i) fails to exercise it;
  • (ii) only exercises part of it; or
  • (iii) delays in exercising it.
• (g) A waiver of one breach of a provision of these Linkt Terms and Conditions does not operate as a waiver of another breach of the same provision or any other provision. A right of Linkt created under these Linkt Terms and Conditions may only be waived in writing signed by Linkt.
• (h) You represent and warrant to Linkt that You have the power, authority and capacity to enter into these Linkt Terms and Conditions.
• (i) You must pay Linkt an amount equal to any costs (including reasonable legal costs) incurred by Linkt in recovering a debt under these Linkt Terms and Conditions from You.
• (j) These Linkt Terms and Conditions and the transactions contemplated by these Linkt Terms and Conditions are governed by the laws of New South Wales.

18. Definitions

In these Linkt Terms and Conditions (including Parts A, B and C), except where the context otherwise requires:

Account Balance means the total of all of the payments (and other amounts) which have been charged to the Linkt Rental Account less any Toll, Fee, tax, charge or other amount which is refunded to the Linkt Rental Account.

Account Statement means a summary of the transactions (including the Tolls and Fees) charged to the Linkt Rental Account.

Apex means:

• (a) Apex Car Rentals Pty Ltd ABN 65 159 894 970;
• (b) any Related Body Corporate of Apex Car Rentals Pty Ltd ACN 159 894 970; or
• (c) any franchisee or licensee of any of the entities mentioned in paragraphs (a) to (b) of this definition, as applicable, being the entity with whom You have entered into the Rental Agreement with.

Associated Contractors means Linkt’s suppliers, agents, distributors and contractors in relation to any Permitted Purposes.

Authorised Driver means an individual You validly authorise to drive a Vehicle.

Authorised Information Recipient means Linkt, Apex and each Intended Recipient.

Business Day means a day that is not a Saturday, Sunday or public holiday in the State of Victoria, Australia.

Clearing House means any person who operates a clearing house for operators of Toll Roads.

Commercial Customer means a body corporate, partnership, trust, government department or agency, sole trader or other business or entity that rents a Vehicle for its business use (including for use by its Personnel) and settles Tolls and Fees using a Linkt Rental Account.

Consumer Customer means a consumer, member of the public or other individual renting a Vehicle (including for a business purpose) and settles Tolls and Fees daily using a Nominated Card.

Credit Provider has the meaning given in the Privacy Act 1988 (Cth).

Credit-Related Information means Credit Information, Credit Eligibility Information and Credit Reporting Information, each as defined in the Privacy Act 1988 (Cth).

Credit Reporting Agency means a corporation that carries on a credit reporting business within the meaning of that term in the Privacy Act 1988 (Cth).

Credit Reporting Body has the meaning given in the Privacy Act 1988 (Cth).

Department of Transport and Main Roads means the Department of Transport and Main Roads in the State of Queensland, Australia.

Due Payment means the amount stated in an invoice from Linkt as the Account Balance that You owe to Linkt.

Electronic Toll Point means any place on a Toll Road where vehicles are detected by the Linkt Rental Product System.

Fees means each of the fees and costs (and any taxes applicable to them) described in clauses 5(b)(ii) to 5(b)(iii) inclusive of these Linkt Terms and Conditions.

GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Head, Transport for Victoria means the body corporate of this name established under section 64A of the Transport Integration Act 2010 (Vic).

Individual means any individual, including any Authorised Driver or Nominated Card Holder.

Intended Recipients means the following parties:

• (a) Credit Reporting Agencies;
• (b) Associated Contractors;
• (c) any bank, financial institution or Clearing House;
• (d) Linkt’s professional advisers including legal advisers, accounting advisers and other professional advisers;
• (e) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents;
• (f) owners and other operators of Toll Roads; and
• (g) persons providing services to any of the entities set out in paragraphs (a) to (f) of this definition.

Linkt Commercial Rental Product Information means any information relating to the Commercial Customer, its Personnel, the Linkt Rental Product, a Vehicle, the location of a Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at Toll Roads. Linkt Rental Product Information may without limitation include Personal Information about:

• (a) the Commercial Customer; or
• (b) its Personnel,

including a name, address, phone number, email address, drivers licence number, date of birth, vehicle hire and usage information, billing or financial information, Rental Agreement, Linkt Rental Account, and other Personal Information contained in video and/or camera surveillance of Toll Roads for traffic management or toll violation enforcement purposes conducted by Linkt or obtained by Linkt from third parties.

Linkt Consumer Rental Product Information means any information relating to You or Your Linkt Rental Product, Your Vehicle, the location of Your Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at Toll Roads. Linkt Rental Product Information may without limitation include Personal Information about:

• (a) You; or
• (b) any Individual,

including a name, address, phone number, email address, drivers licence number, date of birth, vehicle hire and usage information, billing or financial information, Rental Agreement, Linkt Rental Account, and other Personal Information contained in video and/or camera surveillance of Toll Roads for traffic management or toll violation enforcement purposes conducted by Linkt or obtained by Linkt from third parties.

Linkt Rental Account means the Linkt Rental Account of the Consumer Customer or the Linkt Rental Account of the Commercial Customer (as applicable), each set up by Linkt.

Linkt Rental Product means the indirect toll billing facility that utilises the Linkt retail platform and Apex’ systems to communicate with and charge You as a result of travel by Vehicles on Toll Roads.

Linkt Rental Product System means the entire system relating to tagless tolling operated by Linkt for the Linkt Rental Product. Linkt Terms and Conditions means this Annexure B to the Rental Agreement.

Nominated Card means a valid credit card or debit card nominated by a Consumer Customer as the source of payment for all Tolls and Fees.

Nominated Card Holder means a person other than the Consumer Customer who holds a Nominated Card.

Payment Date means the date on which a transaction is recorded on Your Linkt Rental Account.

Permitted Purposes means any one or more of:

• (a) facilitating the use of and carrying out functions and activities relating to:
• • (i) Tolls and their enforcement;
  • (ii) the Linkt Rental Product;
  • (iii) verification of Your Rental Agreement;
  • (iv) obtaining feedback about the Linkt Rental Product; and
  • (v) analysing information for product development in connection with the Linkt Rental Product System, traffic conditions, travel times and road usage and disclosing aggregate information (including to the public) excluding any Personal Information of Consumer Customers and Commercial Customers including their Personnel;
• (b) disclosure to any State Roads Authority for any purpose in connection with Toll Roads;
• (c) auditing of the Linkt Rental Product System;
• (d) law enforcement;
• (e) the enforcement of a law imposing pecuniary penalty;
• (f) the protection of the public revenue;
• (g) road safety;
• (h) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents where Linkt is compelled to do so by a court order;
• (i) obtaining advice and professional services on a confidential basis; and
• (j) such other purposes as are permitted by Privacy Laws.

Personal Information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.

Personnel means the directors, officers, agents, employees, individual contractors or subcontractors of a Commercial Customer who are permitted to rent Vehicles.

Privacy Laws means the privacy laws which apply to Linkt from time to time, including the Privacy Act 1988 (Cth) (including the Australian Privacy Principles found in Schedule 1 to that Act), the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Telemarketing and Research Calls Industry Standard 2017 (Cth), the Fax Marketing Industry Standard 2011 (Cth), the Privacy and Personal Information Protection Act 1998 (NSW) (to the extent applicable to Linkt) and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to Linkt.

Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

Rental Agreement means the agreement entered into between You and Apex for the rental of Vehicles by You.

Rental Service Fee means the rental service fee described in Part C.

Secretary to the Department of Transport means the secretary to the Department of Transport in the State of Victoria, with the functions provided by section 33A of the Transport Integration Act 2010 (Vic).

State Roads Authority means TfNSW, the Secretary to the Department of Transport, the Head, Transport for Victoria and the Department of Transport and Main Roads (as applicable).

TfNSW means Transport for NSW ABN 18 804 239 602 a NSW Government agency constituted under the Transport Administration Act 1988 (NSW), including Roads and Maritime Services (ABN 76 236 371 088).

Toll means all toll charges or other fees and charges imposed by Linkt or the operator of a Toll Road for, or taxes payable in respect of, each Trip taken by a Vehicle for use of that Toll Road.

Toll Roads means toll roads in the Commonwealth of Australia, in respect of which the Linkt Rental Product is offered by Linkt.

Trip means the driving of a Vehicle in one continuous direction on a Toll Road through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on that Toll Road.

Vehicle means the vehicle that has been rented to a Consumer Customer by Apex or a vehicle that is rented to Personnel of a Commercial Customer, pursuant to this Rental Agreement.

You or Your refers to the Consumer Customer or Personnel (as applicable) that has agreed to be bound to these Linkt Terms and Conditions and with whom the Rental Agreement is made.

Part B: Privacy and Credit Reporting Disclosure and Consent

Linkt’s combined privacy and credit reporting collection statement

What information is being collected
Personal Information and Credit-Related Information about You is being collected by Linkt. Purpose of collection Linkt collects Personal Information, including Linkt Commercial Rental Product Information and Linkt Consumer Rental Product Information, about You in order to provide the Linkt Rental Product in respect of Vehicles rented from Apex. Linkt may collect this information from You or from Apex. Linkt may also collect Credit-Related Information about You from the Credit Reporting Bodies that Linkt deals with and from other Credit Providers who have provided credit to You. You are not required by law to provide Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information to Linkt, but if this information is not provided, Linkt will not be able to provide the Linkt Rental Product to You.

Use
Linkt only uses the Personal Information and Credit-Related Information that Linkt collects about You to provide the Linkt Rental Product, to arrange payment for any Tolls and Fees that You incur for Trips undertaken by Vehicles and for the other Permitted Purposes set out above. Linkt also uses Personal Information and Credit-Related Information to perform its business functions solely for the purpose of undertaking its obligations under these Linkt Terms and Conditions.

Disclosure
Linkt may disclose the information that it collects about You to a State Roads Authority, Intended Recipients, Authorised Information Recipients, Clearing Houses and Linkt’s Associated Contractors.

Depending on the circumstances, Linkt may also disclose the information that it collects about You to other Credit Providers and Credit Reporting Bodies, insurers, third party toll operators, debt collection agencies, government authorities (where required or authorised by law) and Linkt’s related entities.

Overseas disclosures
In some circumstances, Linkt may hold Personal Information and Credit-Related Information in a different Australian State or Territory or disclose Personal Information and Credit-Related Information to recipients (including Linkt’s Associated Contractors) located outside Australia in accordance with any applicable Privacy Laws, including in the Philippines and any other countries listed in our privacy policy from time to time.

Your rights
You have a right to access the Personal Information and Credit-Related Information that Linkt holds about You, to correct that Personal Information and Credit-Related Information and to make a complaint about Linkt’s handling of Personal Information and Credit-Related Information. More information about how to access and correct Personal Information and Credit-Related Information that Linkt holds about You and how to lodge a complaint relating to Linkt’s treatment of Personal Information and Credit-Related Information (and how Linkt will deal with complaints) can be found:

• in relation to Personal Information, in Linkt’s privacy policy (available at: www.linkt.com.au/legal/policies/transurban-privacy-policy); and
• in relation to Credit-Related Information, in Linkt’s credit reporting policy (available at: www.linkt.com.au/legal/policies/transurban-credit-reporting-policy) or a copy may be obtained in an alternative format by contacting Linkt using the contact details set out below in Part D.

Other credit-related matters
Credit Reporting Bodies collect a range of Credit-Related Information about individuals and use that information to provide a credit-related service to their customers (which includes Linkt). The Credit Reporting Bodies that Linkt may disclose Credit-Related Information to are Equifax Australia, which may be contacted at 138 332 (and any additional Credit Reporting Body notified to You by Linkt).

Where Linkt provides Credit-Related Information to these Credit Reporting Bodies, they may include this information in reports that they subsequently provide about You to other Credit Providers in order to assist those entities to assess their credit worthiness. You have a right to obtain a copy of the credit reporting policies of any Credit Reporting Bodies that Linkt discloses Your Credit-Related Information to. If You would like to obtain a copy of any of these policies, You should contact the relevant Credit Reporting Body directly using the contact details set out below in Part D (or as notified to You by Linkt).

If You believe that You have been a victim of fraud or identity theft, You have a right to contact the Credit Reporting Bodies and ask them not to disclose Your Credit-Related Information. If You would like to make such a request, please contact the Credit Reporting Bodies directly using the contact details set out below in Part D (or as notified to You by Linkt).

If You do not pay for any Tolls and Fees payable in accordance with these Linkt Terms and Conditions, if You defraud Linkt or try to do so, or if You otherwise commit a serious credit infringement, Linkt may disclose details of these defaults to the Credit Reporting Bodies that Linkt deals with in accordance with applicable laws. If Linkt needs to take these steps, this may affect Your ability to obtain a loan or other credit in the future.

Consents

In exchange for Linkt providing the Linkt Rental Product, and by accepting and agreeing to be bound by these Linkt Terms and Conditions, You consent to and authorise:

• (a) the collection, use, holding and disclosure of Personal Information and Credit-Related Information about You by Linkt in accordance with Linkt’s combined privacy and credit reporting collection statement set out above and in accordance with any applicable law;
• (b) collection of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) by any Authorised Information Recipient from any person (including from Apex and from video and/or camera surveillance of Toll Roads conducted by Linkt or third parties for traffic management or toll violation enforcement purposes);
• (c) use and disclosure of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) by and to Authorised Information Recipients for the Permitted Purposes; and
• (d) disclosure of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) in online accounts accessible to any person with access to Your username and password.

Promises made

In accepting these Linkt Terms and Conditions, You promise that:

• (a) prior to disclosing any information to Linkt or Apex about You, he or she has obtained Your consent to the matters in clause 1 above; and
• (b) all information provided to Linkt about You is or will be accurate, complete and up-to-date, and will not be false or misleading.

Part C: Fee Schedule

Rental Service Fee

The fee charged by Linkt for each day per Rental Agreement where Vehicle incurs a Toll on a Toll Road.

$3.30 (including GST) per calendar day, for each calendar day that any single Vehicle incurs a Toll on a Toll Road.

You agree that the Rental Service Fee will be as revised from time to time in accordance with the Rental Agreement.

Part D: Contact details

Linkt
Telephone: 13 33 31
Email: customersyd@linkt.com.au

Linkt Customer Resolutions Team
Telephone: 1300 381 570
Email: resolve@transurban.com

Tolling Customer Ombudsman
Telephone: 1800 145 009
Email: admin@tollingombudsman.com.au