Terms & Conditions

APPLICATION & WEBSITE TERMS & CONDITIONS

This page (together with the documents referred to on it, including our Privacy Policy, and Acceptable Use Policy tells you the terms of use on which you may make use of our website www.right2drive.com.au (our Site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

Our services
Our services are available to individuals and businesses. Individuals agreeing to be bound by these terms on behalf of a business must be an officer or agent of that business who is authorised to enter into legally binding agreements on behalf of the business. We reserve the right to refuse to provide our services to any person or entity at any time, such refusal to be made at our sole discretion.

Information about us
www.right2drive.com.au is a site operated by Right2Drive Pty Ltd (‘We’). We are registered in Australia under ABN: 13 159 590 986. Our main trading address is: Lvl 1, 409 King Georges Road, BEVERLY HILLS NSW 2209.

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Our site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Our liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms shall in all circumstances be limited to the price paid for the use of the service.

Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.


By breaching this provision, you would commit a criminal offence under the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of material on our Site other than that set out above, please contact us.

Links from our site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law
This Agreement is to be covered by the laws in force in New South Wales and the parties must submit to the exclusive jurisdiction of the courts in that place although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

Acceptable use policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.right2drive.com.au (our Site). This Acceptable Use Policy applies to all users of, and visitors to, our Site.


Your use of our Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.

Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below); to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree: not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of Website Use; and not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.

Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Website Terms of Use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our Site; immediate, temporary or permanent removal of any posting or material uploaded by you to our Site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.

 

RENTAL TERMS & CONDITIONS

Customers should be aware of the following:

Your Liability & Charges With Right2Drive
Whilst you are contractually liable for the rental charges, if you're not at-fault, as long as you assist with recovery action, you do not have to pay the daily rental fees, excess reduction fee or the $75 (+GST) delivery/pickup fee. These fees are payable by the at-fault party or their insurer. If the at-fault insurer does not pay Right2Drive we will legally pursue the at-fault insurer for payment and we may require your co-operation and support in the proceedings which may include providing supporting documents or in rare cases, being a witness in court.

We do not pursue not at-fault drivers for payment, provided you have given accurate information, been honest with us, and have assisted Right2Drive with our recovery.

We do require a credit card from you when you book a car with us. The credit card will only be charged in instances where you incur any additional costs during your hire period such as fuel, tolls, infringements or damage to our vehicle. We will notify you in advance of the charges before charging your credit card.

Your Obligations
We require for you to help Right2Drive recover the full costs of the rental from the at-fault party or their insurer which may require for you to provide statements, documents, and in some rare cases, appear in court as a witness. At all times you must provide Right2Drive accurate and truthful information.

In the event your vehicle is a total loss; you agree to send a copy of the settlement notice/letter received from your insurer to Right2Drive. We require that you do not sign or agree to any settlement before speaking with us as sometimes at-fault parties/insurers can attempt to exclude car hire from their settlement.

How Long Can You Keep The Car?
There a varying factors that can impact the period of hire:

  • Most commonly, you can stay in our vehicle until repairs to your vehicle has been effected or settlement made cases of total loss. There are some exceptions:
  • If you have a mature aged vehicle (10+ years) we may limit the length of hire and like-for-like car replacement may not apply
  • If the at-fault is not insured, there is a 7 day limit

You are required to notify us immediately to arrange the return of our car to Right2Drive when the following takes place:

  • Your repairer has notified you of the scheduled date your repairs will be completed
  • Your insurer has notified you that your car has been deemed a total loss and you have been offered a settlement amount. Even if you do not agree with the quantum of their offer.

Our vehicles must be returned on the same day as repairs are completed or cheque/EFT payment is received. If you continue to keep our car longer you may be liable for the additional rental period.