Privacy, Terms & Conditions
TERMS & PRIVACY
HIRE CAR TERMS
INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between JM Loan Cars Pty Ltd and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
“Authorised Driver / Joint Renter” means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
” JM Loan Cars ” means JM Loan Cars Pty Ltd ABN 28 615 200 934
“Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to JM Loan Cars Pty Ltd;
“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by JM Loan Cars Pty Ltd;
“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.
“Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement.
1.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and
(c) You and the Authorised Driver are not under 21 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
(e) Additional Drivers must provide JM Loan Cars Pty Ltd with a copy of their Licence & Contact details
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by JM Loan Cars Pty Ltd, drive or take the Vehicle:
(a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton
(b) into or out of the Northern Territory, Tasmania or to any points in
Western Australia north of Carnarvon;
(c) in Queensland:
(1) beyond Chillagoe in a westerly direction;
(2) beyond Normanton in a southerly direction.
(3) if the Vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction;
(4) if the Vehicle has four wheel drive, beyond Cooktown or Laura in a northerly direction;
(d) above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September;
(e) in the Northern Territory and Western Australia, outside any city limits between dusk and dawn; or
(f) on beaches or through streams, rivers, creeks, dams or floodwaters.
3. USE OF THE VEHICLE
3.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with
all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer’s and JM Loan Cars Pty Ltd’s recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without JM Loan Cars Pty Ltd’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
3.2 You must pay for any unauthorised repairs to the Vehicle and for all
tolls, parking and traffic infringements in respect of the Vehicle during the
3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.
3.4 You and any Authorised Driver must not drive the Vehicle if JM Loan Cars Pty Ltd has so directed You and any Authorised Driver.
3.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance;
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless JM Loan Cars Pty Ltd authorises You to do so. JM Loan Cars Pty Ltd requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist JM Loan Cars Pty Ltd. JM Loan Cars Pty Ltd will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that JM Loan Cars Pty Ltd cannot verify the cost of repairs, JM Loan Cars Pty Ltd will not reimburse You.
4.3 You and JM Loan Cars Pty Ltd acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which JM Loan Cars Pty Ltd is liable to You under this Rental Agreement.
Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver, JM Loan Cars Pty Ltd:
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured.
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by JM Loan Cars Pty Ltd the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
If the amount determined by JM Loan Cars Pty Ltd and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, JM Loan Cars Pty Ltd will refund the difference to You.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to JM Loan Cars Pty Ltd:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to JM Loan Cars Pty Ltd the cost to refuel the Vehicle).
6.2 You must return the Vehicle to a JM Loan Cars Pty Ltd location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the JM Loan Cars Pty Ltd standard rate for the Vehicle for the Rental Period.
6.4 JM Loan Cars Pty Ltd may request the immediate return of the Vehicle, or JM Loan Cars Pty Ltd may re-take the Vehicle without notice, if JM Loan Cars Pty Ltd reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay JM Loan Cars Pty Ltd any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
6.5 JM Loan Cars Pty Ltd reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7. CLAIMS AND PROCEEDINGS
7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to JM Loan Cars Pty Ltd;
(c) not, without JM Loan Cars Pty Ltd’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit JM Loan Cars Pty Ltd or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that JM Loan Cars Pty Ltd may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, JM Loan Cars Pty Ltd in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to JM Loan Cars Pty Ltd;
(f) complete and furnish to JM Loan Cars Pty Ltd within a reasonable time any statement, information or assistance which JM Loan Cars Pty Ltd or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
8.1 At the end of the Rental Period, You must pay JM Loan Cars Pty Ltd on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement (8.6 Table 1.0. JM Loan Cars Pty Ltd Daily Rate);
(b) any amount paid or payable by JM Loan Cars Pty Ltd or You to any person arising out of Your use of the Vehicle or imposed on You or JM Loan Cars Pty Ltd by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges). An administration fee of $10.00 will be applicable to every toll, speeding,parking and traffic fines; and
(c) any amount for which You are liable to JM Loan Cars Pty Ltd under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the “daily rate” shown in 8.6 (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
8.3 Distance charges are measured from the Vehicle’s odometer.
8.4 You authorise JM Loan Cars Pty Ltd to charge all moneys payable to JM Loan Cars Pty Ltd under the Rental Agreement to Your credit card or charge account.
8.5 JM Loan Cars Pty Ltd will pay any refund due to You by such method as JM Loan Cars Pty Ltd may reasonably choose.
8.6 Daily Rate is stated in the table below.
|One Day (24 Hours)||Compact Vehicle||Luxury Vehicle||Sports Luxury Vehicle|
|Vehicle Registration Fee:||$6.50||$6.50||$6.50|
Table 1.0 JM Loan Cars Pty Ltd Daily Rate
(a) Compact vehicle is currently a 2016 or 2017 Hyundai Accent.
(b) Luxury vehicle will be a late model Mercedes Benz A-Class or equivalent. Luxury vehicle hire is not available for renters under the age of 25. Additional Excess of $1000 is applicable to the hire of this vehicle. Valid Credit Card details must be given prior to the hire of this vehicle.
(c) Sports Luxury vehicle is currently a 2015 Ford Mustang Ecoboost. Sports luxury vehicle hire is not available for renters under the age of 25. Additional Excess of $1000 is applicable to the hire of this vehicle. Valid Credit Card details must be given prior to the hire of this vehicle.
(d) Base Rate: this is the daily rate for time and included kilometre charges x number of days or period you have selected. The base rate has been calculated using market value rates effective 17 October 2016.
(e) Administration Fee: Administrative Fee relates to administrative functions undertaken in respect of your rental. Administration Fee is charged at 3.5% of the total Base Rate plus GST.
(f) Vehicle Registration Fee: is a daily fee to recover the cost of registering a rental vehicle. This fee is based on the state of Victoria.
(g) One way fee: this fee is applied to rentals that have different pick-up and drop off locations and covers the cost of returning the vehicle to the original location. This fee will be determined once location has been set.
(h) Age Surcharge: this fee is applied to the renters between the ages of 21-24. Age surcharge is currently set at $12.00 plus GST.
8.7 During the rental period should you or any other person arising out of your use be involved in an incident or accident involving damage to our vehicle, any other vehicle/s and any property damage or loss a standard excess of $2500 will be applicable to each vehicle. This amount will be paid to JM Loan Cars Pty Ltd on demand. The excess will be returned if it was determined you were not at fault.
(a) Excess reduction for Compact Vehicle can be purchased for the cost of $50 which will reduce the payable excess to JM Loan Cars Pty Ltd to $500. This option must be executed on the first day of the rental period.
(b) Excess reduction for Luxury and Sports Luxury Vehicle can be purchased for the cost of $100 which will reduce the payable excess to JM Loan Cars Pty Ltd to $1000. This option must be executed on the first day of the rental period.
8.8 All terms and conditions need to be sighted and signed for by the renter prior to entering a rental agreement.
9. LIABILITY OF JM LOAN CARS PTY LTD
9.1 Unless it is negligent, JM Loan Cars Pty Ltd is not liable to any person, and You indemnify JM Loan Cars Pty Ltd, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to JM Loan Cars Pty Ltd.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect.
9.3 If Your Rental Agreement is a contract for the supply of “recreational services” as defined by section 68B of the TPA or any comparable legislation, JM Loan Cars Pty Ltd has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by JM Loan Cars Pty Ltd of any term implied by section 74 of the TPA or any comparable legislation.
10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
10.2 You may terminate the Rental Agreement at any time for any other reason.
10.3 If the Rental Agreement is terminated early for any reason other than a breach by JM Loan Cars Pty Ltd, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
11.1 The Rental Agreement contains the whole agreement between the parties.
11.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
11.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
PRESUMPTIONS AND INTERPRETATION
12.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
12.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.
By signing our agreement you understand and accept the Terms and Conditions stated above.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalise user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
• We only provide articles and information, and we never ask for personal or private information
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders .
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We may use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
We agree to the following:
Users can visit our site anonymously
Users are able to change their personal information:
• By emailing us
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification
• Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be accordance with CANSPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email.
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