App & rewards t&c

APP & REWARDS TERMS AND CONDITIONS

Welcome to Go2Cars! We are Sky Lease Management Pty Ltd ACN 662 347 015 trading as Go2Cars ABN

30 662 347 015 (‘we’, ‘our’ or ‘us’) and we provide a car subscription facilitation app known as G2C, as

described on our Website (Software).

These terms and conditions (Terms) govern your access to the Software and us providing you any other

goods and services as set out in these Terms. You can view the most updated version of our Terms

www.go2cars.com.au (Website). Please read these terms and conditions carefully before using the

Software.

1 READING AND ACCEPTING THESE TERMS

(a) In these Terms, capitalised words and phrases have the meanings given to them where

they are followed by bolded brackets, or as set out in the Definitions table at the end of

these Terms.

(b) By clicking the 'I accept these Terms' button on our Website, or otherwise accepting the

benefit of any part of the Software, you agree to be bound by these Terms which form a

binding contractual agreement between you, the person accessing the Software or the

company you represent and are accessing the Software on behalf of (‘you’ or ‘your’) and

us.

Solution following such an update will represent an agreement by you to be bound by the

Terms as amended.

2 ELIGIBILITY

(a) By accepting these Terms, you represent and warrant that you have the legal capacity

and authority to enter into a binding contract with us.

(b) The Software is not intended for unsupervised use by any person under the age of 18

years old or any person who has previously been suspended or prohibited from using the

Software. By using the Software, you represent and warrant that you are either:

(i) over the age of 18 years and accessing the Software for personal and

commercial use; or

(ii) accessing the Software on behalf of someone under the age of 18 years old

and consent to that person’s use of the Software.

have your parent or guardian’s consent, if you are under 16 or if you have previously

been suspended or prohibited from using the Software.

(d) If you are signing up not as an individual but on behalf of your company, your employer,

an organisation, government or other legal entity (Represented Entity), then “you” or

“your” means the Represented Entity and you are binding the Represented Entity to this

agreement. If you are accepting this agreement and using our Solution on behalf of a

Represented Entity, you represent and warrant that you are authorised to do so.

3 TERM OF AGREEMENT

These Terms commence on the date you agree to be bound by them (as set out at the beginning of

these Terms) and continue until terminated in accordance with clause 13.

4 THE SOLUTION

4.1 SCOPE OF THE SOLUTION

(a) We will provide you with access to the Software and the Documentation (Solution).

(b) The Software includes the features and functionality as described on our Website or as

otherwise communicated to you (and as amended from time to time by notice to you).

4.2 ACCOUNTS

(a) (Accounts) To use the Solution, you may be required to sign-up, register and receive an

account through the Website (an Account).

(b) (Provide Information) As part of the Account registration process and as part of your

continued use of the Website, you may be required to provide personal information and

details, such as your email address, first and last name, preferred username, a secure

password, postal and physical addresses, mobile phone number, driver's licence, and

other identification documents, and other information as determined by us from time to

time.

the Account registration process is accurate, honest, correct and up-to-date.

(d) (Acceptance) Once you complete the Account registration process, we may, in our

absolute discretion, choose to accept you as a registered user within the Website and

provide you with an Account.

4.3 DISCLAIMER

You acknowledge and agree that:

(a) The Software is software is provided to manage your car subscription agreements with us,

and any payments made via the Software are made in connection with those agreements.

(b) Any car subscription agreements are separate agreements between you and us, and

these Terms do not govern those agreements.

accessible or available at all times.

(d) The Software's scope of use does not include selling cars or providing any type of credit.

The Software is solely intended to manage car subscription agreements and reward our

loyal customers for their commitment to their car subscription agreements.

4.4 SOFTWARE

(a) We grant you a non-exclusive, non-transferable licence to use the Software and

Documentation, in accordance with these Terms.

(b) We may from time to time, in our absolute discretion, release enhancements to the

Software, meaning an upgraded, improved, modified or new versions of the Software

(Enhancements). Any Enhancements to the Software will not limit or otherwise affect

these Terms. Enhancements may cause downtime or delays from time to time, and

credits will not be provided for such downtime.

4.5 SUPPORT SERVICES

We will provide general support where reasonably necessary to resolve technical issues with the

Software (Support Services). Unless otherwise agreed in writing:

(a) we will take reasonable steps to provide Support Services where necessary (you must

first endeavour to resolve any issues with the Software internally and we will not assist

with issues that are beyond our reasonable control);

(b) we will use our best endeavours to respond to requests for Support Services and you

acknowledge that we may not be available 24/7 or respond within a particular time frame;

back-up passwords and assisting your Users to access and use the Software; and

(d) you will not have any claim for delay to your access to the Software due to any failure or

delay in Support Services.

5 DATA HOSTING

We will store User Data you upload to the Software using a third party hosting service selected by

us (Hosting Services), subject to the following terms:

(a) (hosting location) You acknowledge and agree that we may use storage servers to host

the Software through cloud-based services, and potentially other locations outside

Australia.

(b) (service quality) While we will use our best efforts to select an appropriate hosting

provider, we do not guarantee that the Hosting Services will be free from errors or defects

or that User Data will be accessible or available at all times.

However, we do not accept responsibility or liability for any unauthorised use, destruction,

loss, damage or alteration to User Data, including due to hacking, malware, ransomware,

viruses, malicious computer code or other forms of interference.

(d) (backups & disaster recovery) In the event that User Data is lost due to a system

failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be

available, or if available that such a backup will be free from errors or defects.

6 CLIENT OBLIGATIONS

You agree to:

(a) provide us with all documentation, information and assistance reasonably required by us

to perform the Services; and

(b) provide us with access to any third party or other accounts used by you (including log-in

details and passwords), as is reasonably required by us to perform the Services.

6.2 CLIENT MATERIAL

(a) You warrant that all information, documentation and other Material you provide to us for

the purpose of receiving the Solution is complete, accurate and up-to-date.

(b) You release us from all liability in relation to any loss or damage arising out of or in

connection with the Solution, to the extent such loss or damage is caused or contributed

to by information, documentation or any other Material provided by you being incomplete,

inaccurate or out-of-date.

6.3 YOUR OBLIGATIONS

(a) You must, and must ensure that all Users, comply with these Terms at all times. You

acknowledge and agree that we will have no liability in respect of any damage, loss or

expense which arises in connection with your, your Personnel’s, or any User’s, breach of

these Terms, and you indemnify us in respect of any such damage, loss or expense.

(b) You must not, and must not encourage or permit any User, Personnel or any third party

to, without our prior written approval:

(i) upload sensitive information or commercial secrets using the Software;

(ii) upload any inappropriate, offensive, illicit, illegal, pornographic, sexist,

homophobic or racist material using the Software;

(iii) use the Software for any purpose other than for the purpose for which it was

designed, including you must not use the Solution in a manner that is illegal or

fraudulent or facilitates illegal or fraudulent activity;

(iv) upload any material that is owned or copyrighted by a third party;

(v) make copies of the Documentation or the Software;

(vi) adapt, modify or tamper in any way with the Software;

(vii) remove or alter any copyright, trade mark or other notice on or forming part of

the Software or Documentation;

(viii) act in any way that may harm our reputation or that of associated or interested

parties or do anything at all contrary to the interests of us or the Software;

(ix) use the Software in a way which infringes the Intellectual Property Rights of any

third party;

(x) create derivative works from or translate the Software or Documentation;

(xi) publish or otherwise communicate the Software or Documentation to the public,

including by making it available online or sharing it with third parties;

(xii) integrate the Software with third party data or Software, or make additions or

changes to the Software, (including by incorporating APIs into the Software)

other than integrating in accordance with any Documentation or instructions

provided by us in writing;

(xiii) intimidate, harass, impersonate, stalk, threaten, bully or endanger any other

User or distribute unsolicited commercial content, junk mail, spam, bulk content

or harassment in connection with the Software;

(xiv) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or

Documentation to any third party, other than granting a User access as

permitted under these Terms;

(xv) decompile or reverse engineer the Software or any part of it, or otherwise

attempt to derive its source code;

(xvi) share your Account or Account information, including log in details or

passwords, with any other person and that any use of your Account by any

person who is not the account holder is strictly prohibited. You must

immediately notify us of any unauthorised use of your Account, password or

email, or any other breach or potential breach of the Solution’s security;

(xvii) make any automated use of the Solution and you must not copy, reproduce,

translate, adapt, vary or modify the Solution without our express written consent;

(xviii) attempt to circumvent any technological protection mechanism or other security

feature of the Software.

on your access to the Solution or any difficulty in accessing or using the Solution, please

(d) You agree, and you must ensure that all Users agree:

(i) to comply with each of your obligations in these Terms;

(ii) to sign up for an Account in order to use the Solution;

(iii) that information given to you through the Software, by us or another User, is

general in nature and we take no responsibility for anything caused by any

actions you take in reliance on that information; and

(iv) that we may cancel your, or any User’s, Account at any time if we consider, in

our absolute discretion, that you or they are in breach of, or are likely to breach,

this clause 6.

7 PAYMENTS AND REWARDS PROGRAM

7.1 PAYMENTS

(a) The Software allows you to make payments to us in connection with your car subscription

agreements (Subscription Agreements).

(b) Payments can be made through the Software via our third-party payment processor,

currently Stripe. By making payments via the Software, you agree to the terms and

conditions of our payment processor.

Subscription Agreements.

(d) We do not charge any fees for using the Software to make payments; however, you may

be subject to fees charged by your financial institution or the payment processor.

7.2 REWARDS PROGRAM

(a) We offer a rewards program through the Software (Rewards Program). To join the

Rewards Program, just sign up through the Software under your Subscription

Agreements. Under the Rewards Program, you can earn points based on timely

payments under your Subscription Agreements.

(b) You will earn 3 points for each payment made on or before the due date, and 2 points for

each payment made after the due date of any Subscription Agreement.

reward section of your account on the Software, including but not limited to, holidays,

cars, and dining experiences.

(d) All rewards will have a "rewards point value" listed on the rewards section of the

Software.

(e) Personal use customers can redeem any reward, but not the car they are driving.

Business customers can redeem any reward in addition to the car they are driving.

(f) We reserve the right to suspend or cancel your participation in the Rewards Program in

the event of any breach of these Terms or your Subscription Agreements.

8 INTELLECTUAL PROPERTY AND DATA

8.1 SOFTWARE CONTENT INTELLECTUAL PROPERTY

(a) (Our ownership) We retain ownership of all Materials provided to you in connection with

the Software (including text, graphics, logos, design, icons, images, sound and video

recordings, pricing, downloads and software) (Software Content) and reserve all rights in

any Intellectual Property Rights owned or licensed by us in the Software Content not

expressly granted to you.

(b) (Licence to you) You are granted a licence to the Software Content. You may make a

temporary electronic copy of all or part of any materials provided to you for the sole

purpose of viewing them and using them for the purposes of the Software. You must not

otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or

any Software Content without prior written consent from us or as otherwise permitted by

law.

8.2 USER DATA

Our Rights and Obligations

(a) You grant to us (and our Personnel) a non-exclusive, royalty-free, non-transferable,

worldwide and revocable licence to use User Data to the extent reasonably required to

provide the Solution and for our internal business purposes, including to improve the

Solution and our other products and services.

(b) We reserve the right to remove any User Data at any time, for any reason, including

where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic,

sexist, homophobic or racist.

Your Obligations and Grant of Licence to Us

(i) you share User Data only with intended recipients; and

(ii) all User Data is appropriate and not in contravention of these Terms.

(d) You:

(i) warrant that our use of User Data will not infringe any third-party Intellectual

Property Rights; and

(ii) indemnify us from and against all losses, claims, expenses, damages and

liabilities (including any taxes, fees or costs) which arise out of such

infringement.

9 THIRD PARTY SOFTWARE & TERMS

(a) We use third-party payment processors, currently Stripe, to facilitate payments through

the Software.

(b) By making payments via the Software, you agree to be bound by Stripe's terms and

conditions, which can be found here.

third-party payment processor.

10 CONFIDENTIALITY

(a) Except as contemplated by these Terms, a party must not, and must not permit any of its

Personnel, use or disclose to any person any Confidential Information disclosed to it by

the other party without the disclosing party’s prior written consent.

(b) Each party must promptly notify the other party if it learns of any potential, actual or

suspected loss, misappropriation or unauthorised access to, or disclosure or use of

Confidential Information or other compromise of the security, confidentiality, or integrity of

Confidential Information.

confidentiality and assist the other party in connection with any related investigation.

11 PRIVACY

(a) We collect personal information about you in the course of providing you with the Solution,

to contact and communicate with you, to respond to your enquiries and for other

purposes set out in our Privacy Policy which can be found in our App.

(b) Our Privacy Policy contains more information about how we use, disclose and store your

personal information and details how you can access and correct your personal

information.

accordance with our Privacy Policy.

12 LIABILITY

12.1 WARRANTIES AND LIMITATIONS

(a) (Warranties) We warrant that:

(i) during your use of the Software, it will perform substantially in accordance with

the Documentation;

(ii) the Solution will be provided as described to you in, and subject to, these Terms;

and

(iii) to our knowledge, the use of the Software in accordance with these Terms will

not infringe the Intellectual Property Rights of any third party.

(b) (Errors) We will correct any errors, bugs or defects in the Software which arise during

your use of the Software and which are notified to us by you, unless the errors, bugs or

defects:

(i) result from the interaction of the Software with any other solution or computer

hardware, software or services not approved in writing by us;

(ii) result from any misuse of the Software; or

(iii) result from the use of the Software by you other than in accordance with these

Terms or the Documentation.

working for its intended purpose, you acknowledge and agree that from time to time, you

may encounter the following issues:

(i) the Solution may have errors or defects;

(ii) the Solution may not be accessible at times;

(iii) messages sent through the Solution may not be delivered promptly, or delivered

at all;

(iv) information you receive or supply through the Solution may not be secure or

confidential; or

(v) any information provided through the Solution may not be accurate or true.

(d) (Exclusion) To the maximum extent permitted by applicable law, all express or implied

representations and warranties not expressly stated in these Terms are excluded.

(e) (Consumer law) Nothing in these Terms is intended to limit the operation of the

Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)

(ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund,

replacement or repair) if there is a failure with the goods or services provided.

12.2 LIABILITY

To the maximum extent permitted by law, the total liability of each party in respect of loss or

damage sustained by the other party in connection with these Terms or the Solution is limited to

$100.

12.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or

consequential loss or damages, or damages for loss of data, business or business opportunity,

goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or

services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to

tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act

2010 (Cth).

13 CANCELLATION

13.1 CANCELLATION AT ANY TIME

Either party may terminate these Terms for convenience by providing 10 Business Days’ notice to

the other party.

13.2 CANCELLATION FOR BREACH

(a) Either party may terminate this Agreement immediately by written notice if there has been

a Breach of these Terms.

(b) A “Breach” of these Terms means:

(i) a party (Notifying Party) considers the other party (or any of its Personnel or

Users) is in breach of these Terms and notifies the other party;

(ii) the other party is given 10 Business Days to rectify the breach; and

(iii) the breach has not been rectified within 10 Business Days or another period

agreed between the parties in writing.

13.3 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) you will no longer have access to the Software, your Account or your User Data and we

will have no responsibility to store or otherwise retain any User Data (and you release us

in respect of any loss or damage which may arise out of us not retaining any User Data

beyond that point); and

(b) each party must comply with all obligations that are by their nature intended to survive the

end of this agreement.

14 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement

must not commence court proceedings arising from or relating to the dispute, other than a

claim for urgent interlocutory relief, unless that party has complied with the requirements

of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this

agreement must give the other party or parties to the dispute written notice containing

reasonable details of the dispute and requiring its resolution under this clause.

efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of

14 days (or such other period as agreed by the parties in writing) after the date of the

notice, any party to the dispute may take legal proceedings to resolve the dispute.

15 FORCE MAJEURE

(a) We will not be liable for any delay or failure to perform its obligations under this

agreement if such delay or failure arises out of a Force Majeure Event.

(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which We will be unable to perform or

be delayed in performing its obligations under this agreement.

the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide,

explosion or fire;

(ii) strikes or other industrial action outside of the control of us;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion,

epidemic, pandemic; or

(iv) any decision of a government authority in relation to COVID-19, or any threat of

COVID-19 beyond the reasonable control of us, to the extent it affects our ability

to perform our obligations.

16 NOTICES

(a) A notice or other communication to a party under these Terms must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address most regularly used

by the parties to correspond regarding the subject matter of this agreement as

at the date of this agreement (Email Address). The parties may update their

Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email

was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a

public holiday in the state or territory whose laws govern this agreement, in

which case the notice will be taken to be given on the next occurring business

day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

17 GENERAL

17.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably

submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal

from them in respect of any proceedings arising out of or in connection with this agreement. Each

party irrevocably waives any objection to the venue of any legal process on the basis that the

process has been brought in an inconvenient forum.

17.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any

right unless the waiver is in writing and signed by the party granting the waiver.

17.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the

extent that it is void or unenforceable. The validity and enforceability of the remainder of this

agreement is not limited or otherwise affected.

17.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or

benefits them jointly and severally.

17.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this

agreement without the prior written consent of the other party.

17.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior

negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to

the subject matter of this agreement.

17.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech

or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an

individual, a corporation, an authority, an association, consortium or joint venture

(whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors

and permitted assigns, including persons taking by way of novation and, in the case of a

trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment

or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or

annexure to or of this agreement, and a reference to this agreement includes all

schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as

varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect

interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation;

and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a

party because that party was responsible for the preparation of this agreement or that

provision.

DEFINITIONS

Term Definition

Confidential Information means information of or provided by a party that is by its nature is confidential

information, is designated by that party as confidential, or that the other party

knows or ought to know is confidential, but does not include information, which

is or becomes, without a breach of confidentiality, public knowledge.

Documentation means all manuals, help files and other documents supplied by us to you

relating to the Software, whether in electronic or hardcopy form.

Hosting Services has the meaning given in clause 5.

Intellectual Property

Rights

means any and all present and future intellectual and industrial property rights

throughout the world (whether registered or unregistered), including copyright,

trade marks, designs, patents, moral rights, semiconductor and circuit layout

rights, trade, business, company and domain names, and other proprietary

rights, trade secrets, know-how, technical data, confidential information and the

right to have information kept confidential, or any rights to registration of such

rights (including renewal), whether created before or after the date of

this agreement.

Material means tangible and intangible information, documents, reports, software

(including source and object code), inventions, data and other materials in any

media whatsoever.

Personnel means, in respect of a party, its officers, employees, contractors (including

subcontractors) and agents.

Rewards Program has the meaning given in clause 7.2(a).

Software has the meaning given in the first paragraph of these Terms.

Software Content has the meaning set out in clause 8.1(a).

Solution has the meaning set out in clause 4.1.

Subscription Agreement means the separate car subscription agreements between you and us.

Support Services has the meaning given in clause 4.5.

User means you and any third party end user of the Software who you make the

Software available to.

User Data means any files, data, document, information or any other Materials, which is

uploaded to the Software by you or any other User or which you, your Personnel

or Users otherwise provide to us under or in connection with these Terms,

including any Intellectual Property Rights attaching to those materials.

Website means the website at the URL set out in the first paragraph of these Terms, and

any other website operated by us in connection with the Solution.

App & rewards t&c

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