MAVEN COMMERCIAL RENTAL AGREEMENT FOR RIDE-SHARING DRIVERS

This Commercial Rental Agreement (“Agreement”) is between General Motors Holden Australia NSC Pty Ltd trading as Maven Drive (“MAVEN”) and the undersigned individual (“You” or “Your”) and provides the terms under which MAVEN makes its vehicles (each, a “Vehicle”) available for Your use. For the purposes of this Agreement, the Vehicle You are renting from MAVEN is the Vehicle You are assigned when You pick the Vehicle up from the onboarding location. The Vehicle must be used primarily to participate in a ride-sharing program only on the terms of this Agreement (“Commercial Use”) in connection with Your participation in a ride-sharing platform and service for matching ride-sharing drivers with passengers that request rides through the ride-sharing application (a “Ride-Sharing Program”).  This Agreement applies to MAVEN’s rental of a Vehicle to You under the MAVEN commercial vehicle rental program (the “MAVEN Program”). By pressing the “Agree” button within this application or website (the “MAVEN App”), signing the acceptance sheet (the “Acceptance Sheet”) at the onboarding location (which acceptance sheet is incorporated into and forms part of this Agreement), or by using a Vehicle, You agree to be bound by this Agreement. If You do not agree with any aspect of this Agreement, You must not operate any Vehicle or participate in the MAVEN Program.

1. INDIVIDUAL AND NONASSIGNABLE; RELATIONSHIP OF PARTIES; MEDIATION You understand and agree that:

  1. NOTIFICATION OF MODIFICATIONS TO AGREEMENT

You agree that MAVEN has the right to update, modify or otherwise change this Agreement from time to time either upon written notice to You, in paper or electronic form, or upon posting of such changes with notice to You on the MAVEN App, provided that You have at least 10 days’ notice of the changes. By continuing to operate a Vehicle or continuing to participate in the MAVEN Program after such changes take effect, You agree to be bound by such changes.  You may terminate the Agreement on or before the date the changes are due to take effect, by returning the Vehicle with 7 days’ prior written notice to MAVEN.  

 

 

  1. ELIGIBILITY

You represent, warrant, and covenant as of the date of this Agreement and each day that You participate in the MAVEN Program that You are eligible to participate in the MAVEN Program by meeting all of the following eligibility requirements:  

          You are at least 21 years of age;  o            You meet the driver qualification requirements for the Ride-Sharing Program;  o    You are a registered participant in the Ride-Sharing Program; 

In addition to any other rights and or remedies available to MAVEN under this Agreement and by law, MAVEN reserves the right to suspend or remove You from the MAVEN Program for non-compliance with the foregoing eligibility requirements, and any breach by You of any provision of this Agreement.  

  1. YOUR RESPONSIBILITIES

You are responsible for:

 

You agree that MAVEN may verify any such update to Your personal information to determine whether You continue to be eligible for the MAVEN Program.  MAVEN will in no way be responsible or liable for any fines, damages, penalties or any other costs or liabilities resulting from Your failure to provide MAVEN with up-to-date personal information.  

 

  1. THE COLLECTION, USE AND SHARING OF INFORMATION

As detailed below, by consenting to this Agreement, You consent to the collection, use, and sharing of any information regarding use of the Vehicle by MAVEN or its affiliates, including General Motors Holden Australia Ltd, as well as to their collection, use and sharing of any personal information that You provide to MAVEN. This includes the collection of cookies, GPS or other Vehicle tracking and location information, disclosure to affiliates or third parties (including a ride-sharing platform), and as otherwise described in this Agreement and the MAVEN Program Privacy Policy, which is available at https://mavengig.maven.com/au/.

You acknowledge that MAVEN collects cookies and tracks IP addresses via the MAVEN App for the purpose of improving services provided by the MAVEN App and enhancing user experience.

You acknowledge and consent that a GPS tracking device, including Vehicle Location Services, and a camera device may be active in the Vehicle.  The Vehicle Location Services may remotely collect information regarding the use, operation, performance and location of the Vehicle. The camera may collect images and video of the vehicle driving.  You acknowledge that similar information also could be collected directly from the Vehicle, for example during the rental renewal process, Vehicle return, or at a Vehicle service appointment.

Any information collected by or provided to MAVEN may be used by MAVEN or its affiliates, including General Motors Holden Australia NSC Pty Ltd, Maven Drive LLC and General Motors LLC, for the purposes of analysing, enhancing, improving, or modifying existing products, features, and services; and the research, design, and development of new products, features, and services. 

MAVEN may share this information with its affiliates, including General Motors Holden Australia NSC Pty Ltd, or with other third parties (such as our insurance companies, third party claim administrators, credit check providers, debt collection providers, vehicle repossession provider, camera provider and Holden vehicle dealers) to assist in the above uses or in providing services such as ride request logistics, connectivity, data storage, data analysis, credit checks, vehicle maintenance and security, vehicle and debt recovery, direct marketing and competitions, auditing, or other similar services. Such affiliates and/or third parties may be located outside of Australia. If an affiliate and/or third party are located outside of Australia, MAVEN will take reasonable steps to ensure the affiliate and/or third party complies with the Privacy Act.

You also acknowledge and consent to MAVEN sharing this information with the Ride-Sharing Program company in connection with the MAVEN Program.  The Ride-Sharing Program company is responsible for ensuring that it complies with all applicable Privacy legislation and treating such information in accordance with the Ride-Sharing Program company’s privacy policy as found on their website (or as otherwise advised to You by the Ride-Sharing Program company).

  1. RENTAL TERM AND DEPOSIT

The Vehicle will be rented by MAVEN to You for the period agreed between MAVEN and You (“Rental Term”).  

The parties agree that the Rental Term will include an initial fixed term of 28 days (“Minimum Term”).  

You may terminate this Agreement at any time following the expiration of the Minimum Term by providing MAVEN with 7 days prior written notice that you want to return the Vehicle or by booking a return appointment for the Vehicle in the MAVEN App. 

If You wish to terminate this Agreement during the Minimum Term, You acknowledge and agree that You will remain responsible for all Rental Fees payable during the Minimum Term, except where You have terminated the Agreement pursuant to clause 2, in which case You will remain responsible for all Rental Fees payable up to the date of termination.  You may not exchange the Vehicle during the Minimum Term.

At the expiration of the Rental Term MAVEN may, in its absolute discretion, offer to extend the Rental Term.  Any such extension agreed to by You will be governed by the terms of this Agreement. 

You must pay a deposit of the amount set out in the table at clause 7 when You make a reservation via the MAVEN App (“Deposit”).  MAVEN will charge the Deposit to the credit card linked to Your account and will hold the Deposit for the Rental Term.  

You acknowledge and agree that MAVEN may call on the Deposit at any time to recover any fees owed by You to MAVEN under this Agreement or at law.  Any unused portion of the Deposit will be returned to You at the end of the Rental Term. 

  1. FEES 

The following fee table lists the additional fees that may apply to Your participation in the MAVEN Program in addition to Rental Fees (together, the “Fees”). Further details of the Fees are provided below the table. See the “Payment” section below the table for further details of how You will pay the Fees. 

 

Event: 

Fee (GST inclusive): 

Frequency: 

Late payment fee

$10

Per day, starting the business day after Rental Fee is dishonoured and ending on the business day Rental Fee (plus Late Payment Fees) is paid in full.

Late return 

$50 

Per day, starting the day after the Vehicle is due for return

Toll charges

Actual toll costs incurred by the Vehicle during the Rental Term plus Processing fee

Per toll charge received

Processing fee

$20 

Per process of ticket / offence / Toll fee / dishonoured payment

Overdue service fee

$300

Per missed service 

Engine failure due to lack of servicing

$ actual cost to MAVEN to have the Vehicle and engine repaired

Per offence

Cleaning required beyond normal wear and tear 

Up to $150 

Per offence

Minor vehicle damage beyond

Vehicle wear and tear guidelines

Up to $400

Per offence (i.e scratch, dent, rim mark, etc)

Evidence of smoking (scent, physical remnants) 

Up to $300

Per offence

Vehicle returned with less than one quarter (¼) of the fuel tank of fuel

 

$30 (inclusive of Processing Fee)

Per offence

Vehicle returned to wrong location 

$ actual cost to MAVEN to retrieve the Vehicle and return it to the proper location 

Per offence

Accident or damage to the Vehicle 

Up to $1,000 deductible (25 years or older) Up to $1,500 deductible (under 25 years old)

Per repair event 

Unauthorised driver fee 

Actual costs suffered by MAVEN

Per offence

Interstate travel

Up to $500 

Per offence

Wrong petrol type put into Vehicle

$ actual cost to MAVEN to have the Vehicle and engine repaired

Per offence

Reservation charge for late cancellation

One day of Rental Fees

Per offence

Deposit

$400

Per rental term

Lost key fee

$400

Per lost Vehicle key

Missing service log book fee

$100

Per offence

Vehicle exchange fee

$200

Per Vehicle exchange, only when that exchange is at the request of the driver

Debt collection agent fee

$300

Once off when outstanding debt has been referred to MAVEN’s debt collection agency

Tamper with GPS or Camera device in Vehicle

$495

Per offence

             

 

Fees include:

Service Event missed.  The same fee applies if You return the Vehicle without completing the Service Event as outlined above even if the Vehicle is less than 1,000 km over the service interval. In the event that the Vehicle experiences a failure due to a lack of servicing not completed as per the service schedule in the handbook, Member is liable for the actual cost to MAVEN to have the Vehicle and engine repaired.  

Agreement, MAVEN may charge You a Wrong Location Return Fee as listed above in the event that You return the Vehicle to the wrong location.

Payment

 

You will immediately pay MAVEN the above Fees if and when a Fee is incurred. MAVEN will collect such fees directly from You and You authorise MAVEN to charge the amount of the Fees to the payment method You have authorised or through mechanisms MAVEN makes available to You from time to time. The Rental Fee shall be paid weekly in advance during the Rental Term and will occur on the same day of the week that You started Your Rental Term. Certain Fees may be charged at or after the end of the Rental Term, such as fees for Vehicle damage as may be identified during final inspection, or for unpaid tickets or tolls that are identified after the Rental Term, as provided in this Agreement.  MAVEN will promptly notify You of the dollar amount of any charges that are due to be paid after the expiration of the Rental Term and You authorise MAVEN to charge such fees to the payment method You have authorised. You must keep a valid payment method on file with MAVEN to pay the above fees.  You will receive a summary of Your weekly statement from MAVEN with the breakdown of fees during, and as applicable after, the Rental Term.

Outstanding Fees

 

If You are overdue in payment or otherwise breach this Agreement, MAVEN may suspend or terminate Your participation in the MAVEN Program.  MAVEN reserves the right to assign a delinquent member account to a third party debt collection agency and charge the Debt collection agent fee as set out in the above table at clause 7. You agree to pay the actual and reasonable costs incurred by MAVEN to recover outstanding fees through a debt collection agency and agree that such costs will be charged to You.

Interest on Overdue Amounts

If, at the end of your Rental Term, You owe any amounts to MAVEN (which may include, but is not limited to, any outstanding Fees or Rental Fees) MAVEN reserves the right to charge interest on all overdue amounts You owe to MAVEN at a rate of 10% per annum, which shall accrue from the day after payment is due until the outstanding amount and any applicable interest has been paid in full.

  1. ACCESS TO VEHICLE

You will pick up a reserved Vehicle at the date, time and location as specified on the MAVEN App or otherwise notified by MAVEN after You have received notice of confirmation from MAVEN.  

  1. RETURN OF VEHICLE

At the end of the Rental Term, You agree to return the Vehicle to the MAVEN location as designated on the MAVEN App or notified by MAVEN after You make an appointment to return the Vehicle.  The Rental Term ends when You return the Vehicle to this MAVEN location in compliance with this Agreement.  You agree to return the Vehicle in the same condition that You received it, excepting normal wear and tear, on the due date and at the time and location specified by MAVEN.  MAVEN may, acting reasonably, require You to return the Vehicle prior to the expiry of the Rental Term, in which case You must return the Vehicle at the time and location specified by MAVEN, and, where the Agreement has not otherwise been terminated in accordance with this Agreement, MAVEN will endeavour to provide You with a replacement Vehicle of equivalent size and standard for the remainder of the Rental Term.  If the Vehicle is returned late, You may be charged the late fee.  Any failure to return the Vehicle within three calendar days after the end of a Rental Term will constitute breach of this Agreement and result in MAVEN recovering the Vehicle and pursuing its other rights and remedies as provided in this Agreement and under applicable law. 

  1. ROADSIDE ASSISTANCE

Roadside assistance services are available to You through the following number: 1800 817 100.  

You agree that MAVEN will charge You a fee of $100 for any Roadside assistance callouts that are due to keys being locked in the Vehicle, Vehicle running out of fuel, damage to the Vehicle arising from an accident, unauthorised third party attempted repairs to Vehicle, a flat tyre where the spare tyre is already fitted or not useable, Your negligence or Vehicle abuse.

  1. RECOVERY OF VEHICLE

MAVEN reserves the right to recover the Vehicle from You any time that the Vehicle is found to be illegally parked, is being used to violate the law or this Agreement, or appears to be abandoned, in MAVEN’s sole discretion.  MAVEN may also recover the Vehicle any time MAVEN discovers that You made a misrepresentation to obtain the Vehicle or have not paid requisite fees and penalties in a timely manner. Any of these circumstances will result in an immediate end to the Rental Term.  You agree that MAVEN does not need to notify You in advance of recovery under the above circumstances and You give permission for MAVEN or its vehicle repossession agent to enter Your private property, if required, to recover the Vehicle at any time.  If the Vehicle must be recovered, You agree to pay the actual and reasonable costs incurred by MAVEN to repossess the Vehicle and agree that such costs will be charged to You.

  1. ACCIDENTS, DAMAGE TO OR LOSS OF VEHICLE, COLLISION / LOSS DAMAGE WAIVER

Age Bracket

Deductible Amount

21-24 years of age

Up to $1,500

25 years of age and older

Up to $1,000

 

  1. INSURANCE

MAVEN Program damage cover provides You with comprehensive cover for events such as Vehicle theft, attempted Vehicle theft and accidental Vehicle damage as well as loss arising from damage that use of the Vehicle has caused to someone else’s car or property, up to $20,000,000 per occurrence.

MAVEN Program damage cover does not Indemnify You if:

 

The Vehicle is used carry or tow a load or carry passengers greater than that for which the Vehicle was constructed; or

If Rules of Use or the terms of this Agreement are violated or if other parties claim damages (such as for personal injury or uninsured property damage), then You may be liable to MAVEN or to such other parties beyond the coverage of the MAVEN Program damage cover.

  1. INDEMNITY

You agree and acknowledge that You may be responsible for the full amount of any liability arising in connection with the Vehicle during the Rental Term.  If Vehicles are used in accordance with the Rules of Use and otherwise in a safe manner, You will not be charged for any damage to the Vehicle beyond the Deductible Amount.  However, if You fail to comply with the terms and conditions of this Agreement or the Rules of Use, or otherwise operates a Vehicle in a dangerous or reckless manner or in any way that endangers others, You agree to defend, indemnify and hold MAVEN, its affiliates and respective directors, officers, shareholders, employees and agents, and, harmless from all claims, liability and expenses arising out of Your non-compliant or reckless use of the Vehicle(s) regardless of whether those claims arise from You or any third party.

  1. LIMITATION OF LIABILITY

To the extent that You acquire any goods or services from MAVEN as a consumer, You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by this Agreement (“Non-excludable Rights”). Nothing in this

Agreement or Rules of Use is intended to exclude, restrict or modify any Non-excludable Rights. 

You acknowledge and agree that, except to the extent inconsistent with Your Non-excludable Rights, or as otherwise specified in this Agreement:

You acknowledge and agree that, to the extent permitted by law, MAVEN’s liability to You for a failure to comply with any Non-excludable Right in connection with this Agreement is limited, at MAVEN’s option, to: 

  1. PERSONAL PROPERTY 

MAVEN is not responsible for the loss of or damage to Your or any other person’s personal property or goods in the Vehicle.

  1. TERM OF AGREEMENT AND TERMINATION
  1. DISPUTE RESOLUTION

18.1     You agree not to start arbitration or court proceedings (except proceedings seeking interlocutory relief), without first complying with the process set out in this clause 18.

18.2     If You believe a dispute has arisen under this Agreement (“Dispute”), You must give written notice to MAVEN detailing the nature of the Dispute (“Dispute Notice”).

18.3     During the 14 days after a Dispute Notice is given, or such longer time as agreed by You and MAVEN (“Notice Period”), You and MAVEN agree to use Your best endeavours to resolve the Dispute Yourselves. 

18.4     If You and MAVEN are unable to resolve the Dispute during the Notice Period, then at the expiration of the Notice Period, You or MAVEN must engage an independent mediator and agree to the terms of engagement of the mediator.

18.5     If You and MAVEN fail to agree on the engagement of a mediator or the terms of engagement of a mediator under clause 18.4 within seven days following the expiration of the Notice Period, either You or MAVEN may apply to the President of the Law Institute of Victoria to appoint a mediator to resolve the Dispute.

18.6     If, following mediation of the Dispute, the Dispute is unable to be resolved, You and MAVEN agree to refer the Dispute for arbitration and either You or MAVEN may apply to the President of the Law Institute of Victoria to appoint an arbitrator, whose decision on the Dispute will be binding and final.

18.7     Each party must bear its own costs of complying with this clause.  You and MAVEN must equally bear the costs of any mediator appointed under clause 18.4 or 18.5 or any arbitrator appointed under clause 18.6.

18.8     Any information or documents disclosed under this clause, including the terms of any settlement, must be kept confidential and must only be used for the purposes of resolving the Dispute. 

  1. MISCELLANEOUS

Choice of Law; Venue.  This Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Victoria, Australia.  

MAVEN General Manager

80 Turner Street 

Port Melbourne VIC 3207

 

  1. RULES OF USE 

A VIOLATION OF THIS SECTION, WHICH INCLUDES, BUT IS NOT LIMITED TO, USE OF THE VEHICLE BY AN UNAUTHORISED DRIVER, WILL ALLOW MAVEN TO IMMEDIATELY TERMINATE THE RENTAL TERM AND THIS AGREEMENT, VOID ALL LIABILITY PROTECTION, AND ANY OTHER OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING LOSS DAMAGE WAIVER, IF ANY. 

CAMERAS.  The Vehicle may be equipped with a camera to ensure driver and passenger safety and security. You are prohibited from obstructing, removing, or tampering with the camera. Violations of this requirement will result in a fine set out in section 7.

 

Version: 2.2 (Effective 31st January 2020)