OWNER GUARANTEE

Last Modified: 1 July 2024

IMPORTANT INFORMATION ABOUT OWNER GUARANTEE

Please read this Owner Guarantee carefully. If there is anything that you do not understand,

please contact us. You acknowledge that you have read and understood this document as well

as the Member Agreement (available here) in its entirety and agree to be bound by it if you

seek to list a Vehicle under the Member Agreement as an Owner.

This Owner Guarantee sets out the terms, as well as the limits and exclusions for payment of money

for loss or damage to an Owner’s car where a Responsible Borrower does not make payments for

what is owed to an Owner under the Member Agreement. The Owner Guarantee also applies if a

Responsible Borrower is declined cover by Mobility Mutual.

The Owner Guarantee is not insurance, and is not related to Mobility Mutual’s Trip Cover products

which provide cover for Borrowers when using cars through Uber Carshare’s Services. You are

responsible for ensuring that you have acquired appropriate insurance for your car when sharing on

the Uber Carshare platform.

Uber Carshare’s liability under this Agreement

Our liability to you is limited in respect of the Services we provide to you as an Owner.

Our liability for payment of damage or loss caused by a Responsible Borrower is capped at the lower

of the Limit which is $50,000 in Victoria or $60,000 if listed in any other Australian state or territory,

and the market value of theVehicle (calculated in accordance with the Member Agreement).

What is not covered under the Owner Guarantee?

There are limitations and exclusions that you should be aware of, that are not covered by this Owner

Guarantee. See clause 3 for these limitations and exclusions in full. These limitations and exclusions

include:

● Wear and Tear damage;

● deterioration resulting from existing damage, rust or corrosion;

● mechanical, electrical or computer breakdowns, failures or breakages;

● the cost of repair of old damage, faulty workmanship or incomplete repairs for earlier

damage;

● loss or damage to any non-standard modifications or accessories;

● loss or damage if you make Your Vehicle available for Bookings when it is in an unsafe

or un-roadworthy condition,

● theft loss, if:

○ your negligent or wilful act or omission was the cause of or significant

contributing factor to the theft;

○ you tamper with Security hardware; or

○ you fail to comply with a reasonable instruction from us to install or maintain

Security Hardware or take another step in relation to security of your vehicle;

● loss of income or loss of profit for Borrower damage;

● loss or damage above the Limit;

● loss contributed to by you due to your action or inaction; and

● dishonest act or omission by you.

You agree that you understand that any amounts payable by Us to you will be reduced by any other

amounts you receive for certain damage or loss, such as through an insurance policy, a third party or

a Responsible Borrower.

What conditions apply to the Owner Guarantee?

Certain conditions and eligibility requirements apply to the Owner Guarantee. These are set out in full

at clause 4. They include:

● you must pay your monthly Sharing Plan Fee and your vehicle must meet eligibility

criteria to be shared under the Member Agreement;

● your Vehicle must be regularly inspected and maintained;

● you must report damage caused by a Responsible Borrower within 14 days of the end

of the Booking Period;

● you must provide photographs and allow for your Vehicle to be inspected;

● if requested, you must provide a signed proof of loss to us including photographs,

service or condition reports, ownership of your Vehicle or documents relating to any

lease, mortgage etc over the Vehicle; and

● payment may be denied if you breach the Member Agreement which contributes to

damage or loss or results in costs for Uber Carshare.

Are there any indemnities in the Agreement?

Yes. You agree to indemnify Us for third party claims connected to this agreement (clause 10.1).

In what circumstances can your membership or access to Uber Carshare’s Service be

suspended or cancelled or this Agreement terminated?

In addition to termination and suspensions rights under clause 24 of the Member Agreement, we can

modify or terminate the Owner Guarantee on notice to you if these Terms are construed to be an

insurance contract, we are required to obtain a license or permit of any kind to continue to provide the

Owner Guarantee, or the Owner Guarantee is determined to violate applicable laws.

1. DEFINITIONS

1.1 The following capitalised terms have the following meanings. Capitalised terms used in this

Owner Guarantee(“Terms”) and not defined here are defined in the Member Agreement.

“Covered Loss” means and is limited to:

(a) Theft Loss: or

(b) Responsible Borrower Loss,

but limited to the Quantified Value and excluding any Excluded Losses.

“Excluded Loss” has the meaning set out in Limitations and Exclusions below.

“Limit” means $50,000 AUD for Your Vehicle if it is listed in Victoria, or $60,000AUD if listed

in any other Australian state or territory, or the market value of your Vehicle immediately

prior to the time of the Damage and Loss as determined in accordance with the Member

Agreement, whichever is the lower.

“Member Agreement” means Uber Carshare’s Member Agreement, including the Owner

Agreement, and the Policies and the Fee Schedule, as amended from time to time.

“Mobility Mutual” means Mobility Mutual Limited (ACN 653 040 647)

“Quantified Value” means the amount that the Responsible Borrower is liable to pay you for

Damage and Loss to Your Vehicle, calculated in accordance with the Member Agreement

and the Damage Policy.

"Related Entity” has the meaning given in the Corporations Act 2001 (Cth).

“Responsible Borrower” means an identifiable Borrower of Your Vehicle who is liable for

Damage and Loss under the Member Agreement.

“Responsible Borrower Loss” means Damage and Loss to Your Vehicle for which a

Responsible Borrower is liable under the terms of the Member Agreement.

"Security Hardware” means any item of hardware (including embedded firmware) affixed or

attached to your Vehicle or is required by us to be attached to your Vehicle and which may

aid in preventing or mitigating theft, Loss or Damage to the Vehicle.

“Theft Loss" means Damage and Loss to Your Vehicle arising out of the theft of Your

Vehicle in circumstances where the hardware or software supplied by Us to facilitate the

sharing of Your Vehicle was the cause of or the primary contributing factor to the theft.

“Uber Carshare”, “we”, “our”, “us” means Uber Carshare Pty Ltd (ACN 609 590 463).

2. ABOUT THE OWNERS GUARANTEE

2.1 These Terms apply when you List Your Vehicle or otherwise use the Service as an Owner.

They form part of the Member Agreement.

2.2 By listing Your Vehicle with the Service, you agree to comply with and be bound by these

Terms. Except as permitted by law, these Terms do not affect your statutory rights.

2.3 Uber Carshare provides Owners with this Owners Guarantee solely for the purpose of

promoting use of the Service by building loyalty among our Members and confidence for

Owners in listing Vehicles for use by other Members through the Service.

2.4 These Terms do not constitute insurance or an insurance contract, are not intended to

constitute an offer to insure, and do not take the place of insurance.

2.5 If you have any questions about this Owner Guarantee, please email

members@ubercarshare.com.

3. THE OWNER GUARANTEE

3.1 Uber Carshare agrees to pay you, as an Owner, to repair or replace Your Vehicle if it is lost,

damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions

and conditions in these Terms.

3.2 If you do not comply fully with all of the requirements and conditions in these Terms, you

may not be eligible for any payments for Covered Losses. You should carefully review and

understand the limitations and exclusions in these Terms, and make your own arrangements

to protect your Vehicle (including any personal property) against any losses or liability not

covered by the Owner Guarantee.

3.3 You agree to check your Vehicle regularly as required by the Member Agreement and

Damage Policy, and to report loss or damage via the Help Centre as soon as possible after

you become aware of it and at latest within 14 days after the end of the Booking Period

during which the loss or damage occurred.

3.4 In respect of Responsible Borrower Loss, you agree to use your best efforts to communicate

with the Responsible Borrower and attempt to make a recovery for the Damage and Loss

directly with the Responsible Borrower and any other liable parties.

3.5 In respect of Theft Loss, you agree to use your best efforts to make a recovery for the

Damage and Loss directly with any other liable parties and we agree (acting reasonably)

that you have exhausted all reasonable avenues for making a recovery for the Damage and

Loss.

3.6 You acknowledge and agree that any amount of Covered Losses payable to you under the

Owner Guarantee will be reduced by any amounts you receive for the same Covered

Losses from a source other than the Owner Guarantee, including without limitation:

(a) amounts received under an insurance policy or discretionary cover arrangement,

guarantee or indemnity;

(b) any recovery made against a person who is at fault or partly or wholly legally liable

for the Damage and Loss to Your Vehicle; and

insurer or guarantor of such party;

(d) and you agree to repay to us any amounts that we may already have paid you, to

the extent that you receive any of these types of payments from someone other

than Uber Carshare.

4. LIMITATIONS AND EXCLUSIONS

4.1 You will not be entitled to any payment under the Owner Guarantee for any of the following

(“Excluded Losses”):

(a) in respect of Responsible Borrower Loss, loss or damage that, in our reasonable

opinion, the Borrower is not responsible for under the terms of the Member

Agreement or that cannot be attributed to the Borrower, including;

(i) Wear and Tear;

(ii) deterioration resulting from existing damage, rust or corrosion;

(iii) mechanical, electrical or computer breakdowns, failures or breakages;

(iv) repairs carried out without our consent (not to be withheld unreasonably);

(v) the cost of repair of old damage, faulty workmanship or incomplete

repairs that were in existence prior to the Accident;

(vi) loss or damage to any non-standard modifications or accessories that

were not supplied by the manufacturer; or

(vii) loss or damage where you have made Your Vehicle available for

Bookings when it is in an unsafe or un-roadworthy condition,

(b) in respect of Responsible Borrower Loss, loss of use, loss of profit or loss of

income in excess of any ‘unable to use compensation’ for which the Responsible

Borrower is liable to you under the Member Agreement;

(d) loss, cost, expense, damage, or deterioration arising from your action or inaction

that, in our reasonable opinion, increases the costs of repairs or results in other

additional costs, for the proportion of loss, cost, expense, damage, or deterioration

directly attributable to your action or inaction (except to the extent that the loss,

cost, expense, damage, or deterioration has been caused or contributed to by our

negligence or wrongful act or omission);

(e) any losses, damages, cost or expense of whatsoever nature, directly or indirectly,

caused by, relating to or resulting from:

(i) allowing access to Your Vehicle or its keys in any way other than through

the Uber Carshare Service and in accordance with the Member

Agreement;

(ii) giving permission to a Borrower to use Your Vehicle, (x) without a

Booking; (y) outside of a Booking Period; or (z) in a manner inconsistent

with these terms or the Member Agreement which results in a Borrower

breaching the Member Agreement (for example, instructing a Borrower

to park in a restricted parking space);

(iii) any dishonest act or omission committed by you or any persons or

entities retained by you to do anything in connection with Your Vehicle,

unless such persons or entities are a Responsible Borrower and such act

is done without your knowledge;

(f) any losses, damages, cost or expense of whatsoever nature, directly or indirectly,

caused by or resulting from any of the following, regardless of any other cause or

event that contributes to them:

(i) any hostile act or act of war, terrorism, insurrection or rebellion; or

(ii) seizure or confiscation by order of any governmental or public authority;

(g) loss or damage in excess of the Limit;

(h) losses arising from indirect or remote causes;

(i) Theft Loss, if we determine (acting reasonably) Your negligent or wilful act or

omission was the cause of or a significant contributing factor to the theft;

(j) Theft Loss, if You tamper with any of the Security Hardware on your Vehicle; or

(k) Theft Loss, if You have received a prior written notice from us or our Related Entity

to comply with our reasonable instructions to:

(i) install Security Hardware provided by us in Your Vehicle;

(ii) maintain the Security Hardware in Your Vehicle (including, without

limitation, by performing firmware updates, or replacing batteries); or

(iii) take any other step relating to the security of Your Vehicle as reasonably

requested by us or our Related Entity,

and You fail to comply with the notice in any material respect (including any

reasonable installation or maintenance instructions provided in the notice) or You

fail to comply with the notice by the time specified in the notice or where no such

time is specificed, a reasonable timeframe.

5. CONDITIONS TO THE OWNER GUARANTEE

5.1 In order to be eligible to obtain payment under these Terms, you must fully comply with each

of the following conditions. If you do not fully comply, or are unable to demonstrate that you

have complied, then you will not be entitled to any Covered Losses.

5.2 Your eligibility for the Owner Guarantee is conditional upon:

(a) payment by the due date of your monthly Sharing Plan Fee, with no Sharing Plan

Fees or other amounts being overdue at the time when the Damage and Loss

occurred;

(b) Your Vehicle meeting the eligibility criteria set out in the Member Agreement at the

time when the Damage and Loss occurred.

5.3 In respect of Responsible Borrower Loss;

(a) your Vehicle must be regularly inspected in accordance with the Member

Agreement to determine whether there is any Damage and Loss to it which is

caused during a Booking;

(b) if you identify any Damage and Loss that has not been reported by a Responsible

Borrower, you must notify Uber Carshare as well as the Responsible Borrower

about your complaint and attempt to resolve the issue and pursue your claim and

legal rights to be indemnified by the Responsible Borrower within 14days of the

end of the Booking Period end date. You may fulfill this obligation by submitting a

claim via the Uber Carshare Help Centre;

nominate to inspect Your Vehicle, and deliver it for inspection to any place, at such

times and for such durations, that we reasonably specify.

(d) you must take all reasonable steps to mitigate your loss, including protecting Your

Vehicle from further loss or damage.

5.4 If Your Vehicle is damaged or lost due to a theft or other violation of law, you must within 8

hours of discovery make a police report about the incident and provide Uber Carshare with a

certified copy of the report.

5.5 You must provide us with all information we reasonably request in order to determine the

Quantified Value, and provide reasonable cooperation to us, including signing any

documents, and responding in a timely manner to any reasonable requests from us or our

nominees.

5.6 If Your Vehicle is subject to a loan, mortgage or other security interest, you must notify your

lender/mortgagee in writing of any loss and provide us with a copy of the notice. If the

lender/mortgagee notifies you that they are entitled to proceeds for the loss, you must

provide us with a copy of their request and details so that we can communicate directly with

the lender. If the loss is determined to be a Covered Loss, we will pay the loss benefit(s) to

the lender up to the value of the security interest but not more than the Limit (subject to the

exclusions, limitations and conditions of these Terms). To the extent of applicable law, we

will not pay you unless and until your monetary obligation to the lender/mortgagee has been

satisfied.

5.7 If we request you to do so, you must deliver a signed and sworn proof of loss to us within 7

days of our request, including:

(a) evidence and proof of the damage or loss in the form of receipts, photographs,

videos, documents and other verifiable forms of proof.

(b) the ownership or other interest of you and all other parties in Your Vehicle.

insurance, whether valid or not, covering Your Vehicle.

(d) any service reports or condition reports for Your Vehicle.

(e) any changes in the title, possession, or eligibility for listing on the Service of Your

Vehicle since the date it was enrolled in the Service.

5.8 If Your Vehicle is damaged beyond economical repair or stolen and not recovered, and we

make a payment to you under this Owner Guarantee, then you agree that Your Vehicle

becomes ours and agree that we are entitled to receive the proceeds from its salvage value.

5.9 You must not have misrepresented any facts or committed fraud or any other dishonest or

deceptive act in connection with the use by the Responsible Borrower of Your Vehicle or the

preparation or submission of any past or present report of damage or loss under the

Member Agreement or these Terms. If you make any misrepresentation, or act fraudulently,

dishonestly or deceptively at any time, we will not make any payments under the Terms,

recover any payments that we may have made to you under these Terms, and the Owner

Guarantee as they relate to you and Your Vehicle(s) will end.

5.10 If you make a claim under this Owner Guarantee:

(a) in respect of Responsible Borrower Loss, you permit us to review, and will provide

copies to us upon request of, all communications between you and the

Responsible Borrower; and

(b) you acknowledge that we or our nominees may independently investigate (or have

independently investigated) the facts and circumstances relating to your request

for payment.

5.11 You must comply at all times with your obligations under the Member Agreement. You

acknowledge and agree that we may, at our sole discretion (acting reasonably), deny

payment in full or in part if you are in breach of those obligations, where such breach has

significantly contributed to the Damage or Loss or directly resulted in costs for Us.

6. DETERMINATION OF THE AMOUNT OF THE COVERED LOSS

6.1 The amount of Covered Losses will be calculated on the basis set out in the Member

Agreement and Damage Policy.

6.2 For each of Your Vehicles, the loss amount will be the lesser of (i) the market value as

determined under the Member Agreement; or (ii) the cost to repair the Vehicle.

6.3 Any amount of any Covered Losses payable under the Owner Guarantee will be reduced by

the amount already paid to you or for your benefit by a Responsible Borrower, Mobility

Mutual or other source (such as an insurer or other at-fault/responsible party) for all or part

of the same Covered Loss. If you receive any such amounts after being paid under the

Owner Guarantee, you are obligated to repay Uber Carshare the equivalent amount

received within 7 days.

7. PAYMENTS

7.1 If you have made a request for payment under the Owner Guarantee and such a payment

request is approved in whole or in part for a Covered Loss (any such approved payment

request, an “Approved Payment Request”), you will be paid the amount of the Covered

Loss as calculated by Uber Carshare.

7.2 For an Approved Payment Request that involves Covered Losses for a Vehicle that is

owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a

portion of the amount covered in such Approved Payment Request either to you or directly

to the owner of such Covered Property. If an Owner Guarantee payment for all or a portion

of such amount is made directly to the owner of the Vehicle, then you agree that such

payment will be treated for purpose of the Approved Payment Request as being paid to you

directly, and that you will be solely responsible for collecting from the owner of the Vehicle

any portion of such payment to which you believe you are legally entitled. For clarity, your

indemnification obligations set forth below under the paragraph entitled “Indemnification” will

apply to claims arising from any payments made pursuant to the Owner Guarantee,

including without limitation any payments made directly to the owner of Your Vehicle.

7.3 If you receive a notice from us under clause 3.11, and taking any other step relating to the

security of your Vehicle as reasonably requested in the notice will involve you incurring out

of pocket costs and expenses, you must in any event comply with such notice by the time

specified in the notice, and we must upon your written request reimburse you any

reasonable out of pocket costs and expenses that you incur.

8. ACKNOWLEDGMENTS AND AGREEMENTS BY THE OWNER

8.1 You acknowledge and agree that:

(a) You cannot assign or transfer any of the benefits of the Owner Guarantee, but

Uber Carshare may decide to compensate the Vehicle Owner for the Covered

Losses, if you do not own the Vehicle. In such cases, no payment will be made to

you.

(b) Uber Carshare reserves the right, at any time, to offset or deduct from the amounts

payable or paid by Uber Carshare to you under these Terms, any amounts that is

entitled to by way of an existing debt, or which is entitled to subsequently collect,

from any other person or entity who is obligated to compensate you for losses or

damages.

subrogated to your rights and recover against any person or entity whatsoever

who is actually or allegedly responsible for causing the losses or damages which

are the subject of the Covered Losses, even if that person or entity is a family

member, spouse or relative of you or another Member and Uber Carshare can

assign its right to do so, to any person in its absolute discretion if it has paid the

Covered Losses. Further, you agree that, with respect to any payments made

under the Owner Guarantee by, or on behalf of, Uber Carshare, you will assist in

and cooperate fully with Uber Carshare regarding any reasonable efforts at

subrogation and recovery including assignment of your legal rights where this is

required to assist Uber Carshare to make a recovery against a third party.

9. MODIFICATION OR TERMINATION OF OWNER GUARANTEE TERMS

9.1 In addition to modification, termination and suspension rights under the Member Agreement,

we may modify or terminate these Terms, at any time, in our sole discretion, and we will

notify you by email of such modification or termination, if: (i) these Terms are construed to

be an offer to insure or constitute insurance or an insurance contract or insurance service

agreement by any governmental or regulatory authority in any jurisdiction; (ii) we are

required to obtain a license or permit of any kind to continue to provide these Terms in any

jurisdiction; or (iii) we determine, or a court or arbitrator holds, that the provisions of these

Terms violate applicable law.

9.2 For a termination under these Terms or clause 24 of the Member Agreement, we will

continue to process:

(a) any Owner Guarantee payment requests that you filed prior to the effective date of

termination, and

(b) any Owner Guarantee payment requests relating to Covered Loss which occurred

prior to the effective date of termination.

10. DISPUTES

10.1 If you dispute a decision that we make in relation to these Terms, then you may raise the

dispute with us and we will respond to it in accordance with the Complaints and Dispute

Resolution Policy (available at https://www.ubercarshare.com/terms-of-use/dispute-policy).

11. INDEMNIFICATION

11.1 You agree to indemnify and hold Uber Carshare and its Affiliates, and its and their officers,

directors, employees and agents, harmless from and against any third party claims,

liabilities, damages, losses, and expenses, including, without limitation, reasonable legal

fees, arising out of or in any way connected with the these Terms, except to the extent that

these costs have been caused or contributed to by our negligence or wrongful act or

omission.

12. GENERAL PROVISIONS

12.1 If you do not own the Vehicle that you Listed, the immediately preceding paragraph applies

specifically to any dispute between you and the owner of the Vehicle. You are fully

responsible for securing the Vehicle owner’s permission to list the Vehicle with Uber

Carshare and complying with the scope of any permission granted.

12.2 These Terms constitute the entire and exclusive written understanding and agreement

between Uber Carshare and you regarding the Owner Guarantee, and these Terms and

supersede and replace any and all prior agreements between Uber Carshare or any of our

Affiliates and you regarding the Owner Guarantee.

12.3 You may not assign or transfer these Terms, by operation of law or otherwise, without our

prior written consent. Any attempt by you to assign or transfer these Terms, without such

consent, will be null and of no effect. Uber Carshare may assign or transfer these Terms as

part of an internal company reorganisation, and will notify you of same. Your right to

terminate the Member Agreement with Uber Carshare remains unaffected. Subject to the

foregoing, these Terms will bind and inure to the benefit of the parties, their successors and

permitted assigns.

12.4 The failure of Uber Carshare to enforce any right or provision of these Terms will not

constitute a waiver of future enforcement of that right or provision. The waiver of any such

right or provision will be effective only if in writing and signed by a duly authorised

representative of Uber Carshare. Except as expressly set forth in these Terms, the exercise

by either party of any of its remedies under these Terms will be without prejudice to its other

remedies under these Terms or otherwise. If for any reason an arbitrator or a court of

competent jurisdiction finds any provision of these Terms invalid or unenforceable, that

provision will be enforced to the maximum extent permissible and the other provisions of

these Terms will remain in full force and effect.