TERMS
&
CONDITIONS
Terms and Conditions of Use
[1] Definitions
Accident: Vehicle Accident identified in the Details.
Additional Charges: The amounts payable for GST where the Hirer may claim an input tax credit for GST, tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the Hirer is liable for breach of the Agreement.
Agreement: The Agreement and Authority to Act, the Terms & Conditions of Use and the Rental Form.
Agreement and Authority to Act: The Signed Agreement and Authority to Act between IMOK and the Hirer accompanying the Terms & Conditions of Use.
Authorised Drivers: The Hirer and any additional driver(s) identified in the Rental Form.
BAS: Business Activity Statement lodged when registered for GST.
Credit Period: Unless otherwise agreed by IMOK and the Hirer, the period of 7 days from the date of issuance of IMOK's Tax Invoice.
Damaged Vehicle: The Damaged Vehicle identified in the Details.
Details: The Details set out at the beginning of the Agreement and Authority to Act.
GST: Goods and Services Tax or similar value added, tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply.
Hire Charges: The rental and other charges identified in the Rental Form, excluding for the avoidance of doubt the Additional Charges.
Hire Period: The period shown on IMOK’s Tax Invoice, representing:
(a) in the event that the Damaged Vehicle is assessed to be repairable, during the assessment and the repair
process;
(b) in the event that the Damaged Vehicle is deemed to be a write-off, the period until settlement funds are
received; or
(c) such other period as may be determined.
Interest Rate: An Interest Rate of 10% per annum.
Person: Includes an Individual, a Firm, a Body Corporate, a Trust, an Unincorporated Association or an Authority.
Personal information: Information or an opinion about an identified, or reasonably identifiable, individual. Such information may be sensitive information such as health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.
Rental Form: The Rental Form to be signed by IMOK and the Hirer.
Sealed Surface: A road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.
Serious Breach: A Breach of this Agreement by the Hirer that causes Damage to the Vehicle, its Theft, or Loss by a Third Party.
Terms and Conditions of Use: These Terms and Conditions of Use.
Third Party: The At-Fault Driver(s) who caused the Accident.
Third Party Insurer: The At-Fault Driver(s)' Insurer.
Vehicle: The Hire Vehicle to be identified in the Rental Form (including its parts, components and accessories), which is to be provided by IMOK to the Hirer pursuant to the Agreement.
We, Us, Our or IMOK: IMOK Accident Replacement Cars.
You, Your or Hirer: The Hirer identified in the Details.
[2] Vehicle
2.1 You have requested, and IMOK has agreed, that IMOK will provide the Vehicle to You under the Terms of the Agreement.
2.2 IMOK will make the Vehicle available to You for the Hire Period. On expiry of the Hire Period, You will be obliged to immediately return the Vehicle to IMOK.
[3] Referral
You acknowledge that where a person has referred or recommended You to IMOK, that person may receive a financial or non-financial benefit from IMOK.
[4] Rental Vehicle Driver Eligibility
4.1 Only an Authorised Driver may drive the Vehicle.
4.2 You declare and warrant that You and each other Authorised Driver:
(a) is no less than 21 years of age for a standard vehicle (a surcharge will apply for Drivers under 25 years of
age) and no less than 25 years of age for a prestige vehicle; and
(b) holds a valid and current Australian Full Driver's Licence (we approve Australian Provisional or International
Driver's Licence on a case-by-case basis, in which a surcharge will apply).
4.3 You agree to provide to IMOK a copy of the Driver's Licence of each Authorised Driver before they drive the
Vehicle.
4.4 You agree to notify IMOK immediately if the licence of any Authorised Driver is suspended, revoked or
limited during the Hire Period for any reason (including pursuant to an order by a court) and You must also
ensure that the Authorised Driver does not use or drive the Vehicle.
4.5 You agree to provide a copy of your most recent Registration Papers which confirms that you are the Owner
of the Damaged Vehicle.
[5] Vehicle Condition Inspection Prior to Hand Over
5.1 Prior to handing over the Vehicle to You, Our IMOK Employee(s) will conduct an inspection of the Vehicle with You and prepare the Rental Form noting the fuel level, km’s and any existing damage to the Vehicle. You are required to take note of the condition of the Vehicle, identify any existing damage and sign the Rental Form.
[6] Vehicle Use
6.1 The Vehicle may only be used for what it was designed for and must not be driven on any Unsealed or Unmade Roads.
6.2 The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the Police or any other Government Authority has issued a warning or caution.
6.3 You must not use the Vehicle:
(a) for an illegal purpose;
(b) to carry dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities
above that used for domestic purposes;
(c) in a race or contest;
(d) for towing, unless the Vehicle is fitted with an approved tow bar;
(e) when it is damaged or unsafe;
(f) to carry a greater load than that for which it was built;
(g) to carry animals, except assistance animals; or
(h) to carry more persons than may be properly accommodated by the seat belt restraints.
6.4 You must not:
(a) sublet or re-hire the Vehicle to any third party;
(b) damage the Vehicle deliberately or recklessly; or
(c) modify the Vehicle in any way.
6.5 You must drive the Vehicle in a safe manner and observe all road rules. You acknowledge that reports of unsafe driving may result in the hire being terminated and the Vehicle repossessed by Us.
6.6 You must not smoke or allow smoking at any time in the Vehicle (including vaping and electronic cigarettes).
6.7 You must only use the Vehicle for the same or similar purpose(s) that You would normally use the Damaged Vehicle (without limiting Your other obligations under this clause 6).
[7] Maintenance, Security and Safety
7.1 You must:
(a) keep the Vehicle locked and the keys under Your personal control when not in use;
(b) take reasonable care of the Vehicle and do all things necessary to keep and maintain the Vehicle in its state
and condition as at the commencement of the Hire Period, fair wear and tear excepted; and
(c) immediately report to IMOK any functional, maintenance and or servicing issues in respect of the Vehicle
that You have become aware of.
7.2 You acknowledge that for safety and security purposes the Vehicle may be fitted with a telematics device and that IMOK will only activate the telematics device to locate the Vehicle where IMOK is of the opinion reasonably held that it is in the interests of security and safety or the Vehicle is missing or stolen.
[8] Accident Damage, Breakdown and Repair
8.1 You must notify IMOK as soon as practicable and in any event within 24 hours:
(a) of any mechanical or structural fault on the Vehicle (including tyres, fluids, belts, hoses and lights) that You
become aware of (including as indicated by any illuminated warning lights in the cabin of the Vehicle); or
(b) if the Vehicle is involved in a collision, it is damaged in any way, or if it breaks down.
8.2 You must not arrange to have the Vehicle towed or transported or arrange or undertake any repair of the
Vehicle unless:
(a) We have authorised You to do so (and We will provide such authorisation if We consider it necessary to
prevent further damage to the Vehicle, its Theft, or Loss by a Third Party); or
(b) in the case of an emergency and Our consent cannot reasonably be obtained.
8.3 We will not reimburse You for the cost of repair, towing or transport costs unless You have complied with clause 8.2 and You have produced all receipts and information as We may require.
8.4 In the event of a collision in which the Vehicle is damaged, if the other party leaves the accident scene without exchanging [1] Full Name, [2] Address, [3] Number Plate and [4] Contact Number or appears to be affected by Alcohol or Drugs, You must also immediately report the accident and damage to the Police.
[9] Vehicle Return
9.1 An inspection of the Vehicle will be carried out by Our Employee(s) with You at the end of the Hire Period. You are responsible for any new damage to the Vehicle identified upon inspection. If You do not make the Vehicle available to Us for collection upon request, You will be liable for the additional Hire Charges incurred each day until the Vehicle is returned, and any relocation and repossession expenses We incur to recover the Vehicle.
9.2 You must return the Vehicle with all of its original components and accessories. You are liable for the replacement cost of any missing components including, but not limited to, any head rest, SD card, vehicle key, log books, tools (including any Vehicle jacking equipment), spare tyres, telematics, roof racks and baby seats.
[10] Fuel
10.1 You agree to return the Vehicle with the same amount of fuel as at the commencement of the Hire Period
which is usually a Full Tank.
10.2 Should You fail to do so You agree to pay Us for the fuel required to return the fuel level to the original fuel
level and any refueling surcharge which will be typically charged on your Credit Card.
10.3 You must only use fuel prescribed for the Vehicle. If you are not sure, please contact us to confirm.
10.4 You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect
fuel grade or type.
[11] Your Liability for Loss and Damage
11.1 In the event of loss of or damage to the Vehicle and subject to clause 11.2, You will be liable for the lesser of
the cost of the loss or damage or an excess of $4,400. Your liability under this clause can be reduced to $0,
provided that:
(a) the accident is reported to Us strictly within 24 hours of occurrence; and
(b) clear, accurate and complete accident details (including description, date and time of accident, location of
accident and details of any other parties involved if applicable) are provided to Us within 24 hours of
occurrence; and
(c) the Driver of the Vehicle at the time was Fully and Properly Licenced and an Authorised Driver (and You have
Provided a Copy of their Driver's Licence to Us); and
(d) the loss of or damage to the Vehicle was not malicious or incurred as a direct breach of the Agreement; and
(e) the loss of or damage to the Vehicle was not a result of an act intended to cause damage, or an act committed
with reckless disregard of the consequences by the Driver; and
(f) the Vehicle provided is owned and supplied by IMOK; and
(g) the Vehicle is not provided, supplied or owned by one of our Business Partners in the event IMOK is at full
supply capacity (if so, the Excess amount will be what they charge unless we have specifically approved you
for the $0 Excess in our Rental Agreement. Please feel free to ask us whether you were or will be provided an
IMOK owned Vehicle and how much your Excess amount is or will be); and
(h) the Vehicle was not used for Rideshare purposes.
11.2 Notwithstanding clause 11.1, You are liable for:
(a) the loss of, and all damage to, the Vehicle (including the cost of repair to the Vehicle) and (if applicable) its
replacement cost as a result of it being written off following an accident or not recovered as a result of its
theft;
(b) the loss of or damage to any other property belonging to Us, You or a third party;
(c) investigation, appraisal and assessment fees;
(d) the cost of towing, recovering and storing the Vehicle; and
(e) all damage to Your property or the property of any person which is caused or contributed to by You or which
arises from the use of the Vehicle whilst in Your care under the Agreement,
when:
(i) any Authorised Driver acts Dishonestly or Fraudulently;
(ii) the loss or damage resulted from Deliberate, Dangerous or Reckless Conduct by any Authorised Driver;
(iii) the loss or damage to the Vehicle or to Third Party Property was caused or contributed to by a Serious
Breach;
(iv) any Authorised Driver leaves the scene of an accident before exchanging details with all involved Parties;
(v) any Authorised Driver fails to report an accident to the Police or Us immediately;
(vi) any matter, risk or loss is excluded from cover under any current motor vehicle Insurance Policy You hold;
(vii) the Vehicle has been involved in two or more incidents resulting in loss or damage;
(viii) the driver of the Vehicle at the time was not an Authorised Driver;
(ix) the driver of the Vehicle at the time was under the influence of drugs or had a blood alcohol content that
exceeded the legal limit in the state, territory or country in which the Vehicle was driven;
(x) before entering the Agreement, You failed to answer all Our questions truthfully, accurately and completely,
or tell Us any information that You knew or should reasonably have known, that would be relevant to Our
decision to hire a vehicle to you;
(xi) the theft or attempted theft of the Vehicle occurred when the keys were left in or near the Vehicle whilst it
was unattended by You;
(xii) there is any tyre, windscreen, headlight, roof or underbody damage; or
(xiii) there is any water damage caused by the immersion of the Vehicle.
11.3 If You lock the keys in the Vehicle or misplace or lose the keys or other part of or accessory to the Vehicle, You
must reimburse Us the cost of recovering or replacing and or recoding them.
11.4 Termination and Consequences
(i) Termination
Acting reasonably IMOK may immediately terminate the Authority to Act at any time if in their opinion;
(a) You have made any admission of liability in respect to the Accident; or
(b) You have breached any of Your obligations under the Authority to Act, except to the extent such breach is caused by circumstances outside Your reasonable control.
(ii) Consequences of Termination
If our Rental Agreement is terminated by you on or after the commencement date for the booked hire period or terminated by us due to 11.4(i), the cost of hire car for the entire booked hire period, transportation costs, repair costs, expert report costs and towing costs will become immediately due and payable by You to IMOK.
(iii) Cancellation Fees
There will be no cancellation fee if the notice is provided more than 3 days prior to the booking date. A cancellation fee of $200.00 will be charged if the notice is provided less than 3 days to the booking date. The full rental price (for the entire booked hire period) will be charged if you have failed to pick up the vehicle on the day it was booked.
[12] Tolls, Traffic and Parking Fines and Infringements
12.1 If the Vehicle travels through a toll collection point, You are liable for the applicable amount (which is an Additional Charge) together with an administration fee (which is a Hire Charge) to cover Our cost.
12.2 You are responsible for all traffic and parking fines and infringements (which are Additional Charges) for the duration of the Hire Period. If IMOK is notified of a fine or an infringement during or after the Hire Period, IMOK will provide necessary details to the notifying authority to nominate You as the driver liable for the infringement. IMOK may charge an administration fee (which is a Hire Charge) to cover its costs in providing these details.
[13] Our Liability
13.1 You may have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Agreement excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.
13.2 You release and indemnify Us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Hire Period or left in the Vehicle after its return to Us.
[14] Claims and Proceedings
Where the use of the Vehicle results in an accident, a claim or dispute, or damage or loss to the Vehicle or any Third-Party Property, or the Vehicle is stolen, You must:
(a) accurately complete any forms and statements or provide any information or assistance We require of You;
(b) not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of
liability to any person;
(c) permit and equip Us or Our insurers to bring, defend, enforce or settle any claim or legal proceedings
against a third party;
(d) permit and equip Us to claim in Your name under any applicable insurance or against any third party; and
(e) forward to Us any claims or correspondence from any third party upon receipt.
[15] Payment of Charges
15.1 Within the Credit Period, You must pay Us:
(a) any amount payable by You under the Agreement, including the Hire Charges (if applicable) and any
Additional Charges;
(b) any amount paid or payable by Us arising out of Your use of the Vehicle (including any fuel, toll or traffic or
parking fine or infringement, cleaning, excess or damage); and
(c) any amount for which You are liable to Us for any Serious Breach,
and any failure to make timely payment in full will attract interest on any overdue amounts at the Interest
Rate.
15.2 We will take reasonable steps to notify You of any Additional Charges (including without limitation, charges for unpaid traffic or parking infringements, tolls, costs of repairs and cleaning, etc.) that We receive notice of. We will use best endeavours to levy such Additional Charges no later than 30 days after the end of the Hire Period, or no more than 30 days after we receive notice of those charges, whichever is the later.
15.3 As security for the payment of the Hire Charges and any Additional Charges, You must provide Your Credit Card details to Us prior to the commencement of the Hire Period and You authorise Us to pay the Hire Charges and any Additional Charges payable by You by debiting such amount from the card.
[16] Termination of Agreement
16.1 Our right to terminate
We may immediately terminate the Agreement if We are of the reasonable opinion that:
(a) there has been a Serious Breach;
(b) You have made any admission of liability in respect to the Accident;
(c) You have breached the Agreement (including by failing to cooperate and provide (and procure that the
driver and/or owner of the Damaged Vehicle at the time of the Accident provides) all reasonable assistance
to IMOK in respect to the implementation and conduct of the recovery process), except to the extent such
Breach is a Serious Breach or is caused by circumstances outside the reasonable control of the Hirer; or
(d) the Hire Charges will not be fully recoverable from the Third Party for any reason whatsoever.
16.2 Your Right to Terminate
You may immediately terminate the Agreement if We have breached its terms and failed to remedy such breach within twenty (20) working days of receiving notice of such breach from You.
16.3 Consequences
(a) If the Agreement is terminated in accordance with clause 16.1(a), then:
(i) We may take immediate possession of the Vehicle;
(ii) You must pay all costs to replace or rectify the Vehicle to its state and condition as at the commencement of
the Hire Period;
(iii) You must pay all reasonable costs for towing, storage and recovery of the Vehicle; and
(iv) any unrecoverable Hire Charges and the Additional Charges will become immediately due and payable by
the Hirer to IMOK.
(b) If the Agreement is terminated in accordance with clause 16.1(b) or 16.1(c) (other than due to a breach by the
Hirer of clause 4.3(b) of the Agreement and Authority to Act), then:
(i) any unrecoverable total Hire Charges (including where the Hirer's failure to cooperate results in a settlement
for a reduced sum with the Third Party); and
(ii) the Additional Charges, will become immediately due and payable by the Hirer to IMOK.
(c) If the Agreement is terminated in accordance with clause 16.1(c) due to a breach by the Hirer of clause 4.3(b)
of the Agreement and Authority to Act, then:
(i) the total Hire Charges for any day or days after the repairs were completed or after the Hirer received
notification of a total loss settlement; plus
(ii) the Additional Charges, will become immediately due and payable by the Hirer to IMOK.
(d) If the Agreement is terminated in accordance with clause 16.1(d), only the Additional Charges will become
immediately due and payable by the Hirer to IMOK.
[17] Dispute Resolution
17.1 If You wish to dispute a charge or otherwise make a claim against Us, You agree to first notify Us in writing of the nature of the dispute or claim and provide Us with such particulars and evidence as We reasonably require.
17.2 You agree to discuss and negotiate Your dispute or claim in good faith with Us, within ten (10) working days of giving Us notice of Your dispute or claim.
[18] Privacy Statement and Consent
18.1 Purposes for collecting, disclosing and using Personal Information
(a) IMOK may collect, disclose and use the Hirer’s Personal Information for the purposes set out in this clause 18
(b) IMOK collects, discloses and uses the Hirer’s Personal Information in order to provide the Hirer with its
accident replacement vehicle services in connection with the Agreement.
(c) IMOK may also collect, disclose and use the Hirer’s Personal Information in connection with the Agreement
for the following purposes:
(i) to assess and process the Hirer’s application for an accident replacement vehicle;
(ii) to facilitate claims on the Hirer’s behalf for the costs of IMOK's services with the Third Party (including by
disclosing the Hirer's Personal Information to such persons);
(iii) to execute instructions;
(iv) to manage IMOK's relationship with the Hirer (whether online or in person);
(v) to comply with legislative or regulatory requirements;
(vi) to identify the Hirer; and
(vii) for any internal processes including claims assessments, product development, strategic planning, risk
management and pricing.
(d) IMOK may also collect, disclose and use the Hirer’s Personal Information (unless the Hirer tells IMOK not to) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(e) The Hirer acknowledges that if it does not provide IMOK with its Personal Information, IMOK may be unable to provide the Hirer with its services or deal with any insurer on the Hirer’s behalf.
18.2 Providing Information about Another Person
When the Hirer gives IMOK Personal Information about another person, other than the Third Party:
(a) the Hirer represents that they are authorised to do so; and
(b) the Hirer agrees to inform the person that IMOK has collected their Personal Information as part of this
Agreement and of the contents of this clause 18.
18.3 Persons with whom Personal Information is disclosed
(a) IMOK may disclose the Agreement or the Hirer’s Personal Information with any relevant insurer(s) in order to facilitate a claim on the Hirer’s behalf for the costs associated with hiring an accident replacement vehicle from IMOK.
(b) IMOK may also disclose the Hirer’s Personal Information to:
(i) IMOK's related bodies corporate, agents, contractors, service providers or external advisers;
(ii) any other persons related to the Accident (including the police);
(iii) insurers, reinsurers, loss adjusters, assessors and underwriters;
(iv) any organisation responsible for the processing of traffic related infringements or road tolls, to the extent that these fees apply to the Vehicle;
(v) investigators;
(vi) any person IMOK considers necessary to execute the Hirer’s instructions;
(vii) any person who is considering whether to acquire or who has acquired any part of IMOK's business, or the rights or obligations under the Agreement;
(viii) law enforcement, regulatory and government bodies as permitted or required by law in New Zealand, Australia or overseas; and
(ix) overseas recipients who provide services and products to IMOK and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which the Hirer’s information may be transmitted from time to time, but the Hirer’s Personal Information may be transmitted between Australia, New Zealand, the United Kingdom, the Philippines, India and other countries.
(c) IMOK may also disclose the Hirer’s Personal Information (unless the Hirer tells IMOK not to) to any other persons (including IMOK's related bodies corporate, agents, contractors, service providers, external advisers and third parties) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(d) The Hirer acknowledges that:
(i) it consents to IMOK collecting, disclosing and using the Hirer's Personal Information for the purposes set out in this clause 18; and
(ii) if IMOK discloses the Hirer's Personal Information to any other person for the purposes set out in this clause 18, IMOK will, to the extent permitted by law, not be accountable under the Privacy Act 1988 (Cth) for any misuse, interference or loss or unauthorised access, modification or disclosure of the Personal Information by that other person.
18.4 Hirer’s Rights
(a) The Hirer has the right to:
(i) request access and corrections to its Personal Information held by IMOK; and
(ii) make a complaint about the way in which IMOK has managed the Personal Information.
(b) IMOK's Privacy Policy sets out how to make an access request or complaint, and how such requests or
complaints are handled.
(c) IMOK's Privacy Policy can be found at imok.com.au/privacy-policy or can be requested via email.
(d) The Hirer may also gain access to, seek correction of, or to complain about the handling of Personal
Information that IMOK holds about the Hirer by contacting IMOK's Privacy Officer by email at
contact@imok.com.au or via phone call.
[19] Waiver
A right or entitlement under the Agreement can only be waived expressly in writing.
[20] Governing Law and Jurisdiction
The Agreement is governed by the laws of the state or territory within Australia in which the Vehicle was
hired. The Hirer and IMOK agree that courts in that state or territory have non-exclusive jurisdiction to
determine any dispute that arises between them.