Ohmie GO Terms and Conditions

This Agreement is between Symbiot Solutions Pty Ltd trading as Ohmie GO (ABN 85 623 513 842) (Ohmie GO, us, we or our) and the Account Holder (you or your) and governs your Bookings and Account.

1 Access to the Ohmie GO Service

1.1 In order to access or use the Ohmie GO Services, you must be an Account Holder.

1.2 To be approved as an Account Holder of Ohmie GO, you must:
(a) accept to be bound by the terms and conditions of this Agreement;
(b) be at least twenty-one (21) years of age;
(c) have held a valid unrestricted and unconditional Driver’s Licence for at least twelve (12) consecutive months prior to becoming an Account Holder;
(d) have no history of suspensions or cancellations of any Driver’s Licence held by you within the last five (5) years;
(e) not be bankrupt or have been bankrupt at any point within the last seven (7) years;
(f) not suffer from any medical conditions that may inhibit your ability to operate a motor vehicle or which may make it unsafe for you to operate a motor vehicle;
(g) pay the Fees;
(h) provide Ohmie GO with any documents it reasonably requests, including but not limited to photo identification, proof of address and photocopies of a Driver’s Licence or credit or debit cards; and
(i) register a valid credit card or debit card authorising Ohmie GO to directly debit your nominated account.

1.3 Ohmie GO may charge a pre-authorisation charge to the Account Holder’s credit card or debit card upon the establishment of the Account on the App and upon each Booking. The pre-authorisation charge will be released upon the completion of each Booking.

1.4 Notwithstanding any other provision of this Agreement, Ohmie GO, at its absolute discretion may refuse any application for an Account. Ohmie GO will not be required to give reasons for the refusal of the Account.

1.5 You will only have access to the Service once:
(a) Ohmie GO has reviewed your application;
(b) notified you in writing that your application has been approved and that you are authorised to use the Service; and
(c) you have received the Building Code.

1.6 As an Account Holder, you agree to advise Ohmie GO of any changes to your:
(a) contact details including your phone number, address or email address;
(b) nominated credit card or debit card;
(c) circumstances; or
(d) Driver's Licence status including suspensions or cancellations.

1.7 Ohmie GO may, at any time during the term of the Account, request any additional documentation and may suspend your Account immediately until such documentation is provided and verified.

1.8 In creating an Account you warrant that:
(a) the information you provide, including your name, address and Driver's Licence particulars, is accurate, current and complete;
(b) you will keep your login details and any password allocated to you confidential;
(c) you will not allow any other person to use your login details to access the App or your Account; and
(d) you will notify Ohmie GO if you become aware or suspect that the security of your login details has been compromised for any reason or if you suspect someone else has used or is using your login details.

2 Your Obligations/Responsibilities


You acknowledge and agree that:
(a) you will, as soon as reasonably practicable, advise Ohmie GO of any change in your personal circumstances that would affect Ohmie GO’s ability to provide you with the Ohmie GO Services including, but not limited to, a change in your contact details or your legal ability to hold a Driver’s Licence;
(b) you will pay all Fees as and when they fall due and payable;
(c) you will take all reasonable steps to prevent your Account being used to access the Ohmie GO Services (including the Vehicles) in a manner unauthorised by you or as not permitted by this Agreement;
(d) you agree with the terms of this Agreement before using a Vehicle; and
(e) you will notify Ohmie GO as soon as reasonably practicable, but in any event, no less than 48 hours before using a Vehicle if any of the warranties granted in this Agreement become inaccurate or if you have had any change of circumstances that may affect your ability to operate a motor vehicle.

3 Booking a Vehicle


3.1 You acknowledge and agree that you will not book or drive a Vehicle unless:
(a) you have been advised by Ohmie GO that you are an Account Holder;
(b) you have accepted the terms and conditions of this Agreement;
(c) you hold a valid, unrestricted and unconditional Driver’s Licence;
(d) you comply with the requirements of Ohmie GO’s GO Guide;
(e) the Account is in full force and effect and you are not in Serious Breach of any terms of this Agreement at the time of making your Booking;
(f) you are a current resident in one of our Partner Buildings at the time of Booking;
(g) you have received a Building Code to make your Booking;
(h) the Vehicle being booked belongs to the Partner Building you live in; and
(i) you intend to be and are the sole driver of the Vehicle.

3.2 You must not use or access a Vehicle without holding a Booking to use that Vehicle for the time the Vehicle is in your possession.

3.3 You must comply with all conditions of your Booking, including, but not limited to, the particulars of the Vehicle to be used by you and the time, date and duration of your Booking.

3.4 If you wish to use a Vehicle for longer than allowed for in your Booking, or if you are unable to return your Vehicle to its Designated Parking Bay prior to the conclusion of your Booking, you must:
(a) (where the Vehicle is not booked by another Account Holder) make a new Booking or extend your current Booking for the period that you will continue to require the Vehicle; or
(b) (where the Vehicle is booked by another Account Holder) take all reasonable steps to return the Vehicle to its Designated Parking Bay before the conclusion of your Booking and contact Ohmie GO immediately. Failure to do so may result in Late Fees.

3.5 If you cancel a Booking prior to the commencement of the Booking, you will be charged the Cancellation Fee.

3.6 If you fail to collect a Vehicle in accordance with a Booking made by you or if you do not use the Vehicle during your Booking without cancelling the Booking, the Account Holder’s credit card or debit card will be charged the No Show Fee.

3.7 You may end your Booking at any time after you have taken possession of the Vehicle by returning the Vehicle to the Designated Parking Bay and plugging the Vehicle into the designated charger.

3.8 Nothing in this Agreement grants you a right to use a Vehicle without our express written consent by way of a booking confirmation sent to you.

3.9 A confirmed Booking confers on you, as an Account Holder, a conditional licence to use the Vehicle allocated to you by Ohmie GO during the period of the Booking, subject to the terms and conditions of this Agreement. Notwithstanding anything in this Agreement, you acknowledge and agree that this Agreement does not:
(a) constitute a lease or a consumer lease; or
(b) entitle you to exclusive access, usage or possession of a Vehicle.

3.10 All Bookings are limited to a maximum period of one (1) day unless otherwise extended by Ohmie GO in writing. Where a Vehicle is not returned to the Designated Parking Bay and not plugged into the designated charger within one (1) day from the date of the Booking, Ohmie GO may after making reasonable enquiries:
(a) terminate the Booking;
(b) debit all applicable Fees from your credit card or debit card; and
(c) report the Vehicle to the police as a stolen vehicle.

3.11 Ohmie GO may change or cancel your Booking, including by changing the duration of your Booking, or repossessing, reclaiming or substituting a Vehicle, in each case at any time (including during the original Booking period), upon reasonable notice. If this action is taken due to your Serious Breach of this Agreement, you acknowledge and agree that you will be liable for all and any Fees, fines and costs associated with your usage of the Vehicle and all and any Fees, fines and costs associated with the storage and retrieval of the Vehicle.

3.12 Acting reasonably Ohmie GO may cancel or amend a Booking, in circumstances beyond its control, including, but are not limited to:
(a) insufficient battery charge in the Vehicle;
(b) being unable to provide the Services to you;
(c) the Vehicle not being returned by a previous customer; or
(d) the Vehicle being damaged.

3.13 You acknowledge and agree that Ohmie GO may monitor your usage of the Vehicle via its on-board technology monitoring system, including the condition, performance and operation of the Vehicle.  Ohmie GO may also track the Vehicle’s movements.  When you sign the Agreement you authorise Ohmie GO and consent to the use of the on-board technology system to monitor and track the Vehicle. The usage information gathered by Ohmie GO will be stored and used in accordance with Ohmie GO’s Privacy Policy.

4 Fees


4.1 You must pay the Usage Fees applicable to the Booking.

4.2 You acknowledge and agree that Ohmie GO may at any time:
(a) reduce the Usage Fees without notice to you; or
(b) increase the Usage Fees upon seven (7) days' notice to you.

4.3 The Usage Fees will be displayed on Ohmie GO’s Website and/or App and it is your sole responsibility to familiarise yourself with and accept the Usage Fees before making a Booking.

4.4 In addition to the Usage Fees, you agree to pay:
(a) any Fees;
(b) any fees and charges incurred by your use of the Vehicle, including but not limited to tolls, speeding tickets, traffic infringements, parking fines, towing fees, storage fees, fees for releasing the Vehicle if it has been impounded and reasonable legal costs and court fees;
(c) Cleaning Fees incurred by Ohmie GO as a result of your failure to return the Vehicle with the interior or exterior of the Vehicle in the same condition as when you collected it, subject to reasonable wear and tear;
(d) all reasonable costs, fees, charges and disbursements (including collection agency commissions, and legal costs) incurred or to be incurred by Ohmie GO in recovering any monies due to Ohmie GO by you under this Agreement;
(e) any additional fees set from time to time;
(f) fees to replace your lost or destroyed GO Pass, which may be updated or varied by Ohmie GO at any time; and
(g) interest of 12 % p.a. calculated daily on any monies due under this Agreement. Payments shall be credited firstly against any interest and administration charges due.

4.5 You acknowledge and authorise Ohmie GO to deduct all monies payable under this Agreement from your nominated credit card or debit card.

4.6 If you are in possession of a Vehicle without the consent of Ohmie GO or if you remain in possession of a Vehicle following the conclusion of a Booking without the consent of Ohmie GO, you acknowledge and agree that Ohmie GO may charge you:
(a) any Fees for the time you remain in possession of the Vehicle;
(b) administration fees as reasonably incurred by Ohmie GO, including, but not limited to, attempts to contact you or assisting other Account Holders with finding replacement Vehicles; and
(c) any fees payable by Ohmie GO to recover the Vehicle including, but not limited to, reasonable legal costs , court costs, police costs, reasonable loss of utilisation costs, sheriff costs, debt recovery costs, parking, towing, storage, repair and retrieval costs and costs for the replacement of the Vehicle if the Vehicle cannot be recovered.

5 Vehicle Collection


5.1 At the commencement of your Booking, you must:
(a) commence the Booking in the App;
(b) use the GO Pass or App to unlock the Vehicle;
(c) inspect the Vehicle for any interior or exterior Damage;
(d) if there is any Damage present on the Vehicle:
(i) record all Damage via the App;
(ii) if the Damage is recorded, you may proceed with your Booking provided that you believe, acting reasonably, that it is safe to operate the Vehicle despite the Damage; and
(iii) if the Damage is not recorded, you must contact Ohmie GO to report the Damage prior to using your Vehicle. In this instance, Ohmie GO will advise you how to proceed and you must follow all lawful directions given to you by Ohmie GO;

5.2 When you are ready to operate the Vehicle and if it is safe to do so, you must drive safely.

6 Use of the Vehicle


6.1 You must not:
(a) drive the Vehicle:
(i) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law; or
(ii) recklessly or dangerously;
(iii) on an Unsealed Road;
(iv) Off Road; or
(v) above the snow line between 1 May and 31 October or in any area where snow has fallen.
(b) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(c) operate the Vehicle at any time that it is unsafe to do so;
(d) allow the Vehicle to be driven by anyone who is not an Account Holder;
(e) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(f) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle or a trailer;
(iv) to carry illegal drugs or substances;
(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(vi) in an unsafe or un-roadworthy condition.

6.2 You must not:
(a) remove or attempt to remove the e-tag from the Vehicle;
(b) remove the key from the Vehicle unless you are instructed by Ohmie GO to do so;
(c) remove any parking pass, carpark access device or permit from the Vehicle unless you are instructed by Ohmie GO to do so;
(d) remove or attempt to remove any security equipment or other equipment fitted to or provided with or in the Vehicle unless you are instructed by Ohmie GO to do so;

6.3 You must not:
(a) modify the Vehicle in any way;
(b) sell, rent, lease or dispose of the Vehicle; or
(c) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

6.4 You must not use the Vehicle to carry:
(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licensed; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

6.5 The Vehicle must not be used in any area that is prohibited by Ohmie GO.  Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.

6.6 You must not:
(a) use the Vehicle to transport any pets or animals except assistance animals; or
(b) smoke, or imbibe or inhale tobacco, nicotine, alcohol or any illicit drugs in the Vehicle, or cause the Vehicle to smell of smoke or other drugs or and you must prevent any passenger from doing so.
Additional cleaning and deodorising costs must be paid if you do not strictly comply with this clause 6.6.

6.7 You must make sure that the Vehicle is locked with the GO Pass or key tag when not in use or unattended and the GO Pass and key tag must be kept in your possession at all times and never left in the Vehicle when it is unattended.

6.8 You must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) making sure the tyres are correctly inflated; and
(d) making sure it is not overloaded.
6.9 You must not use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used.

6.10 You must comply with all traffic laws and regulations during your operation of the Vehicle and pay any fines or infringements as required by clause 4.4(b). If a speeding, parking or other traffic infringement notice is issued for a Vehicle for the time in which the Vehicle was in your possession, you will be nominated as the responsible driver so that the infringement is reissued in your name by the responsible authority. You will also be liable for any fees and charges associated with this traffic offence including administration fees for processing and re-issuing the fine.

7 Vehicle Return


7.1 At or before the end of a Booking, you must:
(a) return the Vehicle to the Designated Parking Bay and plug the Vehicle into the designated charger;
(b) return the Vehicle in the same condition as that you collected it in (including, ensuring the Vehicle is clean), subject to fair wear and tear;
(c) ensure that all documents and accessories that were in the Vehicle at the commencement of the Booking remain in the Vehicle;
(d) ensure all of the Vehicle’s lights are switched off;
(e) ensure all doors, windows, sun rooves, fold-back rooves or other similar openings are closed and sealed securely;
(f) remove personal belongings from the Vehicle;
(g) use the GO Pass or App to lock the Vehicle; and
(h) use the App to end the booking.

7.2 If you do not plug the Vehicle into the designated charger, you will be charged the Usage Fees and Late Fees until the charger is plugged into the Vehicle.

7.3 If you cannot return the Vehicle to its Designated Parking Bay:
(a) you must park the Vehicle in the nearest legal and permanently un-timed car space, or if the Vehicle has a permit, according to signage in the nearest car space in the zone of the permit affixed to the windscreen of the Vehicle you can find; and
(b) you must immediately inform Ohmie GO of the location of the Vehicle;

7.4 If you fail to return the Vehicle to its Designated Parking Bay (or a car space referred to in clause 7.3(a) in a condition fit for use in accordance with the requirements set out in clause 7.1 above) you will be liable for any costs involved in returning the Vehicle to a condition fit for use, including but not limited to any Late Fees until the Vehicle is fit for use, together with any other applicable Fees including the Call Out Fees.

7.5 If you return the Vehicle to a car space other than the Designated Parking Bay and that car space is either an illegal car park, a metered car space, a timed car space, a clearway or becomes a metered car space, timed car space or clearway at some point in time following your parking of the Vehicle, or if you park contrary to signage or road rules, you will be liable for any fees and charges associated with parking the Vehicle in the car space including parking fines and all other associated fees and charges for the non-return of the Vehicle, including administration fees for processing and re-issuing the fine, regardless of whether your Booking has ended or you have advised Ohmie GO of the Vehicle’s location.

7.6 You acknowledge and agree that Ohmie GO will not be responsible for any personal property left in a Vehicle. You are required to take full responsibility to ensure you have removed all of your personal property from a Vehicle at or before the end of your Booking. You will be liable for any costs, fees or charges associated with the retrieval, removal and/or storage of your personal property together with the Fees associated with reasonable loss of utilisation.

7.7 At the end of the Booking you must pay:
(a) the Damage Excess if there is Damage or third party loss as a result of an Accident or the Vehicle is stolen;
(b) any costs Ohmie GO incurs, including extra cleaning costs in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
(c) for all Damage arising from a Serious Breach of the Agreement;
(d) for all Overhead Damage;
(e) for all Underbody Damage; and
(f) for any Damage caused by the immersion of the Vehicle in water.

8 Damage Liability


8.1 Standard Damage Cover is included in the Rental Charges.  Subject to these Terms and Conditions, Ohmie GO will indemnify you for the theft, any Damage or third party loss but you must pay up to the Damage Excess in Schedule 1 for each accident or theft claim unless:
(a) Ohmie GO agrees you were not at fault; and
(b) the other party was insured and their insurance company accepts liability.

8.2 An additional Damage Excess applies if you are aged 21 to 24 years of age.

8.3 If you have not authorised Ohmie GO to charge your nominated credit card at or before the End of the Rental, the Damage Excess payable under clauses 8.1 and 8.2 will be charged to your credit card:
(a) for single vehicle accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to you;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Ohmie GO's opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also third party loss, after:
(i) a reasonable estimate of the third party loss has been made;
(ii) a repairer's estimate or tax invoice verifying the amount charged for Damage has been obtained; and
(iii) all documents verifying the third party loss and Damage have been sent to you.

8.4 All Accident and theft claims will incur a claims administration fee in addition to the Damage Excess liability. This fee is to compensate Ohmie GO for the labour and associated costs with processing your claim.

8.5 You acknowledge and agree that your Damage Excess will be debited from the saved credit or debit card listed on your Account immediately upon you reporting, or Ohmie GO identifying any Damage sustained in relation to your use of the Vehicle.

9 Damage Cover Exclusions


9.1 There is no Damage Cover and you are liable for:
(a) Damage or third party loss arising from:
(i) A Serious Breach of the Agreement; or
(ii) The use of the Vehicle by any driver who is not an Account Holder or who is less than 21 or more than 75 years of age;
(b) Overhead Damage;
(c) Underbody Damage; and
(d) Damage caused by immersion of the Vehicle in water.

9.2 There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to the GO Pass or key tag devices;
(b) 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:
(i) you; or
(ii) any relative, friend or associate of yours ordinarily residing with you or with whom you ordinarily reside;

10 Accident reporting


10.1 If you have an Accident or if the Vehicle is stolen you must report the Accident or theft to Us immediately and no later than 24 hours of it occurring and you must fully complete an Accident/Theft report form.

10.2 If the Vehicle is stolen or if you have an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
you must also report the theft or Accident to the Police.

10.3 If you have an Accident you must:
(a) exchange names and addresses, telephone numbers and email addresses with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(d) obtain the names, addresses and phone numbers of all witnesses;
(e) not:
(i) make any admission of fault;
(ii) promise to pay the other party's claim; or
(iii) release the other party from any liability; and
(f) forward all third party correspondence or court documents to Us within 7 days of receipt.

10.4 You undertake and agree to fully co-operate with Ohmie GO and any third party as required by Ohmie GO in relation to any investigation or legal proceedings associated with an Accident or Damage sustained in connection with a Vehicle associated with a Booking made by you, your GO Pass being used to access a Vehicle or any other reasonable investigations or legal proceedings undertaken, initiated by or involving Ohmie GO or any third party as advised by Ohmie GO.

10.5 You acknowledge and agree that if you fail to comply with any of your obligations under this clause 10, you will be liable for all Fees, losses, claims, damage, expenses, charges and other costs associated with the Accident and the Damage including, but not limited to debt recovery costs, legal costs on an indemnity basis and loss of utilisation costs.

11 No Liability and Indemnity


11.1 You acknowledge and agree that Ohmie GO will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential:
(a) if Ohmie GO is unable to provide you with a Vehicle or changes or cancels a Booking or takes any other action at any time under clauses 3.11 or 3.12, whether or not you have a Booking to use a Vehicle; or
(b) in relation to any mechanical failure of or Damage to the Vehicle unless this is because of Ohmie GO's negligence.

11.2 You agree and acknowledge that you use the Services and the Vehicle at your own risk.

12 Serious Breach and Termination


12.1 If you:
(a) commit a Serious Breach of the Agreement in a way that causes damage to the Vehicle, its theft or third party loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
you are excluded from any entitlement to Damage Cover and are liable for all damage, theft of the Vehicle and third party loss and you must pay any additional costs or expenses Ohmie GO incurs as a direct consequence of a breach of this clause 12.1.

12.2 Ohmie GO may also immediately terminate this Agreement by notice in writing to you if it reasonably believes that:
(a) you have committed a Serious Breach of this Agreement;
(b) have breached clause 12.1(b), or
(c) you are not fit to operate a motor vehicle.

12.3 In the event of termination you will forfeit any Fees already paid.

12.4 You may terminate this Agreement by providing Ohmie GO with one (1) week’s written notice of your intention to do so or earlier by requesting that Ohmie GO closes your Account.

12.5 If you terminate the Agreement or close your Account, you acknowledge and agree that you will forfeit any Fees paid in advance.

12.6 Ohmie GO may terminate or suspend this Agreement by notice to you in writing if any amount owing by you to Ohmie GO remains outstanding beyond fourteen (14) days of the due date. Such termination will take effect from the date specified in the notice or, if no date is specified, with effect from 48 hours after the notice is served on you.

12.7 Ohmie GO may terminate the Agreement with 14 days’ prior notice.

12.8 If this Agreement is terminated under any circumstances, your Account will also be terminated simultaneously and once terminated you must not attempt to access your Account or the App.

13 Keeping your Account in order


13.1 You acknowledge and agree that Ohmie GO may provide credit to you. The provision of credit by Ohmie GO is limited to $100 per Account at any time (Credit Limit). Ohmie GO may reduce the Credit Limit for your Account at its discretion to immediate effect, by providing written notice to you.

13.2 You acknowledge and agree that if you exceed the Credit Limit, Ohmie GO may suspend your Account immediately, until you have paid the necessary Fees and charges to bring you within the Credit Limit. Upon receipt of the payment of Fees and charges, Ohmie GO will reinstate your Account within one (1) business day, unless there is a Serious Breach or suspected Serious Breach of this Agreement.

13.3 If you do not make the payment referred to in clause 13.2 above within four (4) weeks of notice as provided by Ohmie GO, Ohmie GO may terminate your Account in accordance with clause 12.6 above.

13.4 If your Account is suspended while you are in possession of a Vehicle, you will be required to return the Vehicle in your possession immediately in accordance with clause 7 of this Agreement. You will not be entitled to book Vehicles while your Account is suspended.

14 Privacy


14.1 Ohmie GO is committed to complying with the Australian Privacy Principles.

14.2 When Ohmie GO collects your personal information we will do so only for the purpose of providing the Services to you. If you choose not to provide this information to Ohmie GO we may not be able to provide those Services to you.

14.3 Ohmie GO takes reasonable steps to make sure your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

14.4 You acknowledge and agree that your personal information (as defined in the Privacy Act 1988 (Cth)) may be disclosed to third parties for the purposes of undertaking debt recovery against you.

14.5 You acknowledge and agree that you have read, understood and accepted the terms of Ohmie GO’s Privacy Policy as available on its Website or App or as provided to you by Ohmie GO from time to time.

15 Refunds

Refunds may be considered on a case-by-case basis and is at the sole absolute discretion of Ohmie GO.

16 Dispute Resolution


16.1 We welcome every opportunity to resolve any concerns you may have with our service. In the first instance contact Ohmie GO to discuss your concern.  Our contact number is 0488 811 130.

16.2 If you are not satisfied with the response received and your concern is still not resolved to your satisfaction please email our Internal Disputes Resolution Officer at disputes@ohmie.co or by mail to:
Internal Dispute Resolutions Officer
Ohmie GO
Suite 502, 10 Help St, Chatswood,
NSW, 2067.

16.3 Your concern will be investigated by an officer with full authority to deal with the complaint and we will inform you of the outcome within fifteen working days of receiving your email or letter.

17 Ohmie GO Contact


You may contact Ohmie GO at the following:
• Phone: 0488 811 130
• Email: support@ohmie.co

18 General


18.1 The Rental Contract is governed by the laws of the Commonwealth of Australia and the state or territory in which this Agreement was signed by you and you agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between Ohmie GO and you.

18.2 The Australian Consumer Law applies to the Agreement and it provides you with rights that are not excluded, restricted or modified by the Agreement and any provision in the Agreement contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

18.3 We use electronic signatures as a means of entry into the Agreement.  When you insert an electronic signature you consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and your obligations under the Agreement.

19 Definitions


In this Agreement, the following words have the specific meanings:
Accident means an unintentional and unforeseen event, mishap or incident that results in Damage to the Vehicle or third party loss, including any collision with another vehicle, object (whether stationary or otherwise) or a person.
Account means the account of an Account Holder set up on the App.
Account Holder means any person or entity who we have approved to use the Services.
App means the application through which the Services may be booked by an Account Holder.
Ancillary Fees includes any charges incurred by the Account Holder as a result of their use of the Services and/or the Vehicle (including but not limited to parking fines, speeding tickets, fines and tolls associated with the use of the Services and /or Vehicle) and any other Fees and charges payable in accordance with this Agreement.
Booking means a booking made by you to use a Vehicle on the App and accepted by us by way of a booking confirmation.
Building Code means a code that is unique to each Partner Building;
Call Out Fees means the call out fees set out in Schedule 1;
Cancellation Fees means the cancellation fees set out in Schedule 1 payable by the Account Holder if the Account Holder cancels the Booking.
Cleaning Fees means the cleaning fees set out in Schedule 1;
Damage means
(a) any loss or damage to the interior or exterior of the Vehicle including its parts, components and accessories that is not fair wear and tear;
(b) towing and salvage fees;
(c) assessing fees; and
(d) Loss of Use,
And for the removal of doubt, damage to the Vehicle's windscreen, lights, wheels or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Designated Parking Bay means the parking bay that is assigned to the Vehicle by Ohmie GO and as notified to you in your Booking or booking confirmation.
Driver’s Licence means a current full driver’s licence issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English) appropriate for the class of the Vehicle and not subject to any restriction or condition.  Holders of a learner driver’s licence or any licence with restrictions will not meet this requirement.
Fees means all fees payable under this Agreement and set out in Schedule 1, including the Usage Fees, Cancellation Fee, No Show Fee, Call Out Fees, Cleaning Fees, Ancillary Fees and Late Fees.
GO Guide means the rules set out in Schedule 2 and which may be found on Ohmie GO’s Website or App and as varied from time to time.
GO Pass means a key card provided to you to access the Vehicle.
Late Fees means the late fees set out in Schedule 1 payable by an Account Holder in addition to the Usage Fees if their possession of the Vehicle exceeds the Booking period and calculated in 15 minute increments.
Liability Limit means the Damage Excess amount of $2,500.00 or an amount varied by Ohmie GO from time to time.
No Show Fees means the no show fees set out in Schedule 1 payable by the Account Holder if the Account Holder fails to use the Vehicle at the time set out in their Booking and fails to notify us.
Off Road means any area that is neither a sealed or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage at or above the level of the top of the front windscreen of the vehicle; or
(b) Third party loss,  
Caused by:
(i) 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;
(ii) Objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Partner Building means any building with whom Ohmie GO enters into an agreement to provide Vehicles for the performance of the Services.
Privacy Policy means Ohmie GO’s privacy policy located at https://www.ohmie.co/privacy.
Services means Ohmie GO’s service of providing a car sharing program and booking site.
Serious Breach means a breach of clauses  1.1, 1.2, 3.1(c), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.2, 6.1, 6.3, 6.4, 6.5, 6.7, 6.8, or 6.9 that causes Damage to the vehicle or results in third party loss.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
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.
Usage Fees means the fees set out in Schedule 1.
Vehicle means an available vehicle you have booked through the Services and includes its parts, components and accessories.
Website means Ohmie GO’s website located at https://www.ohmie.co/go.

Schedule 1 - FEES

Fee
Usage
Comments
Usage
$ 15 per hour
Charged in 5 min blocks
Late
4 times the usage fees
Charged in 15 min blocks
Cancellation
$ 7.50
Cancellation of the  booking prior to booking commencement time
No Show
Full Booking Amount
If the booking is not used or cancelled after booking commencement time
Pet
$ 100
May also include additional costs for cleaning and/or repairs
Smoking
$ 100
May also include additional costs for cleaning, deodorising and/or repair
Tolls
Passed on
No additional fees and is charged after booking separately
Fines
$ 50 admin fee
Fines will be passed  onto the driver
Late Payment
$ 15 admin fee + 12 % p.a. interest compounded daily
N/A
Replacing your GO Pass
$ 15
N/A
Call out (at fault)
Up to $ 100
Subject to Ohmie GO’s discretion
Call out (flat drive battery)
$ 100 + towing costs
Towing to the nearest compatible chargingstation will be passed through to driver
Call out (not at fault)
$ 0
When the call out is due to Ohmie GO service orthe Vehicle
Cleaning (excessive)
$ 125
If a car is returned  in a state unfit to be used by the next  booking, then this fee will be charged
Not Plugging the Charger
Usage fees and associated late fees
You will be billed until the charger is plugged in
Lost or Damaged Ohmie GO Car Equipment
$ 250 + cost of replacing the equipment
This includes, but not limited to, logbooks,keys, e-tags, readers, etc.
Unauthorised Driver
$ 250
Drivers other than verified account holder
Standard Damage Excess
$ 3,000
Applicable to all drivers over the age of 25 and any damage
Between 21 to 24 Damage Excess
$ 3,500
Applicable to all drivers between the age of 21 and 24 and any damage
Inconvenience Credit
$ 25 credit will be applied to your Ohmie GO account (not redeemable for cash)
If you are  inconvenienced by a late return,  you will receive $ 25 credit i.e.  you could not commence your confirmed booking due to a late return

SCHEDULE 2 – GO Guide