Drive lah Australia Pty Ltd trading as Drive mate, ABN 19 640 421 496, Level 3, 139 Collins Street, Melbourne VIC 3000 (Drive mate, we, us, or our) provides an online car sharing platform that enables vehicle owners to list their vehicles for rental (Hosts), and for people to book those vehicles (Guests), as well as associated services (collectively, the Services).

The Services are made available on the Drive mate website http://www.drivemate.au and associated mobile app (together, the Platform). Your use of the Services is subject to these Terms of Service (Terms), together with our Host policies set out here and Guest policies here (as updated from time to time).

These Terms are made up of this Overview section, and three Parts. Where you are approved and registered to use the Services as a Host and/or a Guest, certain additional terms will apply. The Terms will apply as follows:

• Part A, Guest Terms: applies if you use the Services as a Guest.
• Part B, Host Terms: applies if you use the Services as a Host.
• Part C, General Terms: applies to all users of the Service.

Drive mate may vary these Terms (including the Policies) at any time. If we make material changes to these Terms we will post the revised Terms on the Platform and update the "last updated" date. We will also provide you with notice of any material changes by email, notifications through the Platform, messaging service, or any other contact method made available by us and selected by you on or before the date they become effective.

If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms. Any existing bookings will remain subject to the terms and policies in effect at the date the booking was made.

If there is any inconsistency between these Terms, the Site Terms, or any Policy, these Terms will prevail to the extent of the inconsistency.

These Terms were last updated on 28 March, 2025.

In order to search for and book Vehicles on the Platform, you must first register as a Guest by providing us with certain information. In order to become accepted as a Guest, you must meet our Eligibility Criteria set out here. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

If any of the details you provide us to assess your eligibility change, or if you have any reason to believe you may no longer meet the Eligibility Criteria, you must inform us immediately, and Drive mate may limit, suspend or terminate your access to the Services in order to ensure the integrity of our Services and protect the other users of our Services.

When you receive the booking confirmation, a contract for services (a Booking) is formed directly between you and the Host. By making a Booking you are agreeing to the terms of the contract. The terms of the contract include all terms of the Booking, including without limitation our Cancellation Policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking.

By making a Booking, you are agreeing to pay all charges for your Booking including:

1. the Trip Fees;
2. Distance Fees (if any) in accordance with the Fee Schedule.
3. taxes (such as GST); and
4. any other fees and charges identified on the Platform at the time you make the Booking,

(collectively, the Booking Fees).

By making a booking, you are also agreeing that we will charge the Payment Method used to make the Booking in order to collect Damage Claim amounts and other administrative fees in accordance with our Fees & Fines Schedule here.

You may cancel a booking at any time prior to the beginning of the Booking Period. If you cancel a Booking, any entitlement to a refund, and the amount that will be refunded to you will be determined in accordance with our Cancellation Policy.

When you add a Payment Method to your Account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Drive mate or its third-party payment processor(s). You authorise Drive mate and its payment processor(s) to collect and store your Payment Method information in accordance with Drive mate's Privacy Policy.

When you add or use a new Payment Method, Drive mate may verify the Payment Method by:

1. authorising your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts; or
2. requiring you to upload a billing statement

You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your Booking and ending fourteen (14) days following the end of the Booking Period, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such Booking.

You authorise Drive mate to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your Account, including Damage Claim amounts in accordance with these Terms.

Drive mate and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Drive mate, or the collection agencies we retain, may also report information about your Account to credit bureaus subject ti applicable privacy laws. As a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.

Subject to this clause 6 Drive mate's Damage Policy here will apply for the duration of your Booking Period, also noting the varied levels of damage excess available to Guests per our fee schedule here.

1. Subject to clause 6.3, during your Booking Period you will be indemnified for any Damage, theft or Third Party Loss in relation to the Vehicle, provided that you must first pay the Damage Excess.
2. Your obligation to pay the Damage Excess under clause 6.4(a) may be waived where the other party to the Incident was insured and their insurance company accepts liability.
3. Drive mate may charge your Payment Method an amount up to, but not exceeding, the Damage Excess:
   1. for single vehicle Accidents, after Drive mate provided an estimate of the amount to be charged for the Damage to you;
   2. if the Vehicle has been stolen, after the Host and Drive mate have made reasonable enquiries and, in their opinion, it is unlikely the Vehicle will be recovered; and
   3. for Accidents in which there is also Third Party Loss, after the Host and Drive mate have made an estimate of the Guest's total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to the Guest as soon as practicable.

You are not eligible for Damage Cover, and will be liable for, any Excluded Damage.

If a Host provides evidence that you have: and/or

1. damaged the complaining Host's Vehicle;
2. caused loss of booking income for bookings via the Platform or other consequential damages which result directly from the Damage caused under (a) above,

(each of (a) and (b) being a Damage Claim),

the complaining Host can notify Drive mate and/or seek compensation through the Platform. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Drive mate and Drive mate reasonably determines that the Damage Claim is valid and you are responsible for the Damage Claim, Drive mate can collect the amount of the Damage Claim from you.

If you are responsible for Damage Claim amounts, under to clause 6.2, Drive mate may, on reasonable notice to you, charge the Payment Method used to make the Booking or any other Payment Method associated with your Account at the time of the Damage Claim or within a reasonable period thereafter in order to collect the Damage Claim amounts. To facilitate this charge, when you book a Listing, you are agreeing that Drive mate may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.

When you accept a Booking request, or receive a Booking confirmation through the Platform, you are entering into a contract directly with the Guest, and are responsible for providing the Vehicle under the terms and at the price specified in your Listing. Any terms or conditions that you include in any supplemental contract with Guests must:

1. be consistent with these Terms, our Policies, and the information provided in your Listing; and
2. be prominently disclosed in your Listing description.

Your relationship with Drive mate is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Drive mate. Drive mate does not direct or control your Vehicle and you understand that you have complete discretion whether and when to provide your Vehicle.

Drive mate charges fees (and applicable Taxes) to Hosts for the right to use the Platform ( Service Fees ). More information about what Service Fees apply and how they are calculated can be found on our Subscription Plans page here. Except as otherwise provided on the Platform and to the extent permitted by law, Service Fees are non-refundable.

By accepting a Booking, you are also agreeing to pay applicable fees like the Service Fees (and applicable taxes) for that Booking. Drive mate will deduct amounts you owe from your payout unless we and you agree to a different method.

Drive mate reserves the right to change the Service Fees at any time, and will provide Hosts at least 30 days' notice of any fee changes before they become effective. Changes to the Service Fees will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to clause 22.1.

The Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Listing (including Vehicle details), your price, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including availability) and content (like photos) up-to-date and accurate at all times, and are required to meet the expectations you have set in your Listing. You are responsible for setting your price and establishing rules and requirements for your Listing. You may not collect any additional fees or charges for your Listing outside of the Platform.

Once you have confirmed a Booking, you must make the Vehicle available or deliver the Vehicle as expected by the Guest. If you offer the Guest the option to pick up your vehicle at a specified location, you must supply the location of the Vehicle accurately to Drive mate and ensure that the Vehicle is available at that location at the time agreed in the Booking.

You as the Host are solely responsible for ensuring your Vehicle(s) listed on the Platform:

1. are roadworthy and in a safe and operable condition;
2. are legally registered to be driven on public roads;
3. are not subject to any applicable safety recalls; and
4. at all times satisfy our Vehicle Eligibility Requirements here and our Vehicle Maintenance Policy here.

You are required to regularly check your Vehicle for any defects in its operations or safety. You promise that, at all times, your Vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Vehicle to be booked. In addition, if Drive mate believes that your Vehicle does not conform to reasonable standards, Drive mate may notify you and reserves the right to remove or decline listing your Vehicle until its concerns have been resolved. Drive mate may, but does not commit to, undertake efforts to ensure the safety of Vehicles booked through the Services.

If you believe that a Guest has caused any Damage to your Vehicle, you must report that Damage as soon as you become aware of it (and in any event, no more than 24 hours after the end of the Booking Period) and to provide reasonable cooperation in the investigation of the Damage.

You represent and warrant with respect to each Vehicle you list on the Platform:

1. you are the registered owner of the Vehicle or have been duly authorised by the registered owner of the Vehicle to enter into these Terms;
2. the Vehicle complies with the applicable Terms and Policies; and
3. any information or specifications set out on the Platform or provided by you to the Guest in relation to the Vehicle is complete, accurate and not misleading in any way.

Only Vehicles which comply with our Eligibility Policy will be eligible to be listed on the Platform. Drive mate reserves the right to decline any Vehicle from being listed.

To the extent that a Guest fails to satisfy their primary obligation under the Terms to pay you, as a Host, for Damage Claims that they are responsible for, Drive mate agrees to guarantee that obligation by paying you the cost of repairing or replacing your Vehicle damaged or destroyed subject to all terms, conditions, and limitations contained in the Drive mate Protection Policy here.

Drive mate may supply or make available to you certain Enabling Equipment, which may include equipment for which you have transferred ownership to Drive mate. Drive mate will either arrange for installation of the Enabling Equipment in your Vehicle(s) or send the Enabling Equipment to you for installation by the you or your chosen installer. Any Enabling Equipment supplied or otherwise made available by us to you remains our property at all times.

1. You must not, and must not allow any other person to tamper with, interfere with, or remove any part of any Enabling Equipment that is installed in your Vehicle.
2. You must:
   1. immediately inform Drive mate if any part any Enabling Equipment is lost, stolen, damaged, breaks or ceases working properly;
   2. remove and return to Drive mate any Enabling Equipment that is in your possession before selling or transferring your Vehicle to another person, if your agreement with Drive mate is terminated, or otherwise where Drive mate reasonably requests you to return it.

In order to apply to use the Services, you must first create an account with us by completing the application form on the Platform (Account). Drive mate is under no obligation to accept an application for registration as an Account holder and may remove Accounts at its discretion. You can create an Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (such as Facebook, Apple or Google).

You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Account up to date at all times. Drive mate is not responsible for any loss or Damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete registration details.

You are responsible for the security of your username and password for the Platform. Drive mate may assume that anyone using your username and password is authorised by you to do so. Unauthorised use of your username and password will, under no circumstances, reduce your liability in connection with using the Services, including in respect of the warranties you give under these Terms. You must notify us immediately on becoming aware of any unauthorised use of your username or password or of any other security breach in connection with the Services or the Platform.

Where permitted, Drive mate has the right but not the obligation to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver licence validity. Drive mate may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorise Drive mate to request, receive, use, and store such information.

15.5 Where permitted, Drive mate has the right but not the obligation to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of users, including driving history and driver licence validity. Drive mate may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorise Drive mate to request, receive, use, and store such information.

Parts of the Platform enable you to provide feedback, text, photos, audio, video, information and other content (Content). By providing Content, in whatever form and through whatever means, you grant Drive mate a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Platform, in any media or platform, known or unknown to date and in particular on the internet and social networks. If Content includes Personal Information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.

Where Drive mate pays for the creation of Content or facilitates its creation, Drive mate may own that Content, in which case supplemental terms or disclosures will say that.

You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant to Drive mate the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

You agree to defend, indemnify, and hold Drive mate and its subsidiaries, officers, directors, employees, and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Content uploaded by you.

Drive mate provides services that enable the sharing of Vehicles between Hosts and Guests. Except as otherwise provided in these Terms, Drive mate does not itself provide vehicle sharing, rental services, and/or insurance services and is not responsible for any of the acts or omissions of any of the users of its Service, the manufacturer of the Vehicle, or any third-party provider of services (e.g. in- vehicle GPS or other systems).

The Services are provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by applicable law, without limiting the foregoing, Drive mate explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Drive mate makes no warranty that the Services, including, but not limited to, the Listing and/or any Vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Drive mate makes no warranty regarding the quality of any Listings, Vehicles, Hosts, Guests, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Drive mate, Drive mate's insurer, or its service providers or through the Services or content, will create any warranty not expressly made herein.

As a Guest, you have consumer rights conferred by the Australian Consumer Law and neither this clause 20.1 nor any other provision of the Terms or the Policies excludes, restricts or modifies any implied terms, guarantees or rights you may have under those laws or any other Federal, State or Territory legislation.

Subject to clauses 20.1, 20.3 and Drive mate's Loss of Use Policy, neither party shall be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss or corruption of data or information;
5. loss of business opportunity, goodwill or reputation; or
6. any incidental, special, indirect or consequential loss or damages.

Nothing in this agreement shall limit or exclude any party's liability for:

1. death or personal injury resulting from negligence;
2. fraud; and/or
3. any other matter in respect of which any party is prohibited under applicable law from limiting or excluding liability.

You acknowledge that by using the Service, you may obtain Personal Information of other users. You acknowledge and agree that you must not, during and after termination of these Terms, without the prior written consent of the other party, use, disclose or retain such Personal Information beyond facilitating a Booking or for other legal purposes. You agree to undertake reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks with respect to the other. You must at all times, comply with the provisions of the Privacy Act 1988 (Cth) in respect of the other party's Personal Information.

You may discontinue your use of the Service at any time and Drive mate may terminate your access to the Services and remove any Listings for any reason or no reason to the extent permissible under applicable law.

1. Termination of access to the Service will not release a party from any obligations it incurred prior to the termination. Termination of this agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Terms and/or any fees due, and all of those terms will survive any termination of these Terms.
2. If you are a Host and terminate your Account, any confirmed Booking(s) will be automatically cancelled and your Guests will receive a full refund.
3. If you terminate your Account as a Guest, any confirmed Booking(s) will be automatically cancelled and any refund will be determined in accordance with our Cancellation Policy.
4. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content.
5. If your access to or use of the Platform has been limited, or your Account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another user.

Notwithstanding any other provision of this Agreement, Drive mate is not liable for any failure to perform any of its obligations under this Agreement where that performance is delayed, prevented, restricted or interfered with for any of the following reasons: acts of God, acts of government, war or war-like situations, strikes, lock-outs, industrial action, riots, fires, floods, earthquakes, droughts, tempests, malicious attacks on the Platform, or any other event beyond Drive mate's reasonable control.

The following definitions apply in these Terms:

Accident means an unintended and unforeseen incident, including:

1. a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
2. rollovers; and
3. weather events, including hail Damage,

that results in Damage or Third Party Loss.

Authorised Driver a person with a valid licence to drive in the jurisdiction the Vehicle is being driven in, who has been verified by Drive mate in accordance with its policies and notified to the Host as a driver of the Vehicle.

Booking Fee has the meaning given in clause.

Booking Period means the period of hire for the Vehicle as agreed between the parties in a Booker, or the date and time the Vehicle is returned to the Host at the Designated Location, whichever is the later.

Damage means:

1. any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
2. towing and salvage costs;
3. assessing fees; and
4. Loss of Use,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Cover means the cover the Guest and any Authorised Drivers have for Damage, theft, attempted theft and Third Party Loss under clause 6, subject to the exclusions set out in clause 6.5.

Damage Excess means the amount, including GST, the Guest must pay Drive mate in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered as set out in Drive mate's Protection Policy.

Designated Location means the designated location at which the Vehicle is to be collected or returned to the Host by the Guest, or such other location as parties may agree.

Drop Off Time means the time and date the Guest and the Host agree for the drop-off of the Vehicle at the end of a Booking, or the time the the Host has confirmed via the Platform the return of the Vehicle to the Designated Location, whichever is later.

Enabling Equipment means equipment supplied by Drive mate to a Host to facilitate or enable to Vehicle to be used for the Service, which may include any of the following:

1. an Otoplug and associated equipment;
2. lockbox and window bracket(s);
3. primary GPS; and
4. secondary GPS.

Excluded Damage means any of the following:

1. Damage or Third Party Loss arising from:
   1. a Serious Breach by the Guest; or
   2. the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;
2. Overhead Damage;
3. Underbody Damage;
4. Damage caused by:
   1. immersion of the Vehicle in water;
   2. use of the incorrect fuel type;
   3. Damage to the tyres of the Vehicle, other than by normal wear and tear;
5. the full cost of replacing or repairing any accessories supplied by the Host including, but not limited to GPS units, lost keys, keyless start and remote control devices; and
6. personal items that are left in or stolen from the Vehicle or for loss or Damage to property belonging to or in the custody of the Guest or any other person the Guest allows access to the Vehicle.

Guest has the meaning given in the Overview.

Host has the meaning given in the Overview.

Listing means the listing of a Vehicle on the Platform by a Host.

Overhead Damage means:

1. Damage to the Vehicle; and/or
2. Third Party Loss,

caused by:

3. 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;
4. objects being placed on the roof of the Vehicle; or

3. the Guest or any person standing or sitting on the roof of the Vehicle.

Payment Method means the payment method (i.e., PayPal account, bank account, a prepaid card, or a debit card) and associated information you provide to us.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Pick Up Time means the time and date of which the later of the parties have confirmed via the Platform the provide the Vehicle to the Host at the Designated Location.

Platform means Drive mate's website (https://drivemate.au/) and its associated mobile applications.

Privacy Policy means Drive mate's Privacy Policy available here.

Serious Breach means:

1. a breach of clause 5 that causes Damage, theft of the Vehicle or Third Party Loss; or
2. a breach of clause 7 that prevents Drive mate from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

Service Fee means the fee Drive mate charges Hosts as consideration of the provision of the Services.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Trip Fees means the fees payable by Guests for the rental of the Vehicle, as set out on the Listing, exclusive of any Service Fees or other fees payable to Drive mate or any other third party.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means a motor vehicle registered with the relevant state road authority as being operated by a Host and listed on the Platform by that Host for rent.

In this Agreement, unless the context otherwise requires:

1. headings are to be ignored in interpreting these Terms;
2. the Overview forms part of these Terms;
3. the singular includes the plural (and vice versa) and a gender includes each other gender;
4. a word derived from a defined term has a meaning that corresponds with that defined term;
5. whenever the words "include” or “including" are used in these Terms, they are deemed to be followed by the words "without limitation";
6. a reference to writing or written includes email;
7. references to legislation include amendments to, and re-enactments of, that legislation; and
8. references to a party include that party's successors and permitted assignees or transferees.