MEMBERSHIP TERMS OF USE  

Updated September, 9th 2025 

PARTIES
These Membership Terms of Use of the Platform (“Membership Terms of Use”) constitute a Membership agreement (“Membership Agreement”) between:
1) THEAULT SOUTH PACIFIC PTY LTD, ACN 628 120 329 acting as an intermediary (“Theault South Pacific”);
and
2) Persons who are either individuals or entities that have successfully applied via the Renteo’s Platform for registration as Members in order to access the Theault Vehicles Rental Services offered by Theault Vehicles Owners to Theault Vehicles Hirers;
Hereafter the "Party" or "Parties" to the Membership Agreement.

1. GENERAL INFORMATION 

1.1 - Membership on the Renteo Platform: Via its website,Theault South Pacific Pty Ltd owns and operates a platform (“Renteo”), the purpose of which is to facilitate the connection between individuals or businesses that apply to be registered as members on the Renteo Platform. Once registered as members, these individuals and/or businesses (individually “Member” or collectively “Members”) they belong to the following two separate categories: the Members who wish to hire Theault Vehicles ("Vehicle Hirers"), and the Members who list Theault Vehicles to be available for Rental Services ("Vehicle Owners").

1.2 - Membership application is available to the public via the Renteo Platform on the website http://www.renteo.com.au (“Website”). An applicant Member submits his/her/its Membership application form via the Renteo Platform and agrees to comply with these Membership Terms of Use and notably strictly meet the Membership Requirements set out in clause 2 below.

1.3 - These Membership Terms of Use are concluded between the company Theault South Pacific, and the Members. Registration as a Member on the Renteo Platform entitles persons or entities, on an exclusive basis, to access Theault vehicles (“Vehicle(s)”) that are available for rental services between Members (“Rental Services”).

1.4 - Via the Renteo Platform, a Vehicle Owners offers Rental Services to a Vehicle Hirer under a separate contract between the Vehicle Owner and the Vehicle Hirer (“Rental Services Transaction”), the terms of which are supported by both (i) these Membership Terms of Use; and (ii) the General Terms and Conditions of Rental via the Renteo Platform (“Terms and Conditions”). Theault South Pacific is not a party to the Rental Services Transaction unless when, occasionally, Theault South Pacific is a Vehicle Owner, namely the owner of a Vehicle that is offered for Rental Services.

1.5 - These Membership Terms of Use are intended to define both the conditions pertaining to the use of the Renteo Platform by the Members and the conditions governing the Rental Services between (i) a Vehicle Owner, which occasionally may be Theault South Pacific; and (ii) a Vehicle Hirer. These Membership Terms of Use cancel and replace all previously Renteo Platform applicable conditions. Theault South Pacific reserves the possibility to adapt, modify or update these Membership Terms of Use at any time. In all cases, the Renteo Platform applicable general terms are those in force on the date on which the Renteo Platform is used by a Member.

1.6 - When making their Vehicles available via the Renteo Platform the Vehicle Owners and the Vehicles Hirers are also bound to the General Terms and Conditions of Rental via the Renteo Platform, which can be viewed at the following address https://www.renteo.com.au/au/conditions-generales-utilisation.html. If there is any inconsistency between these Membership Terms of Use terms and the Terms and Conditions, this Membership Terms of Use will prevail to the extent of any inconsistency.

1.7 - Acceptance:

a. Once the Membership application form has been successfully received by Theault South Pacific via the Renteo Platform, the registration of a Member on the Renteo Platform constitutes full and unreserved acceptance by the Member of these Membership Terms of Use as well as the Terms and Conditions in relation to the Renteo Platform and the Rental Services.

b. Confirmation by a Vehicle Hirer of a booking of a Vehicle via the Renteo Platform constitutes full and unreserved acceptance:
- By the Vehicle Hirer of: (i) the rules detailed hereafter in these Membership Terms of Use; (ii) the Terms and Conditions; and (iii) the Rental Services Transaction terms.
- By the Vehicle Owner of: the rules detailed hereafter in these Membership Terms of Use; (ii) the Terms and Conditions; and (iii) the Rental Services Transaction terms.

c.The respective above acceptances set out in paragraph (a) and (b) of this clause 1.7 are to the exclusion of all other documents such as prospectuses, commercial catalogues, and service descriptions issued by Theault South Pacific, which are provided for information purposes only. The provisions of these Membership Terms of Use may not be modified by contrary provisions without Theault South Pacific’s express written consent. The Members hereby declares that he/she/it has familiarised him/herself/itself with them and unreservedly accepts them in their entirety.

1.8 - When a Vehicle belongs to a Vehicle Owner other than Theault South Pacific, Theault South Pacific’s involvement is strictly limited to connect the Vehicle Owners and the Vehicle Hirers via the Renteo Platform, and Theault South Pacific may under no circumstances be considered as the service provider for the Rental Services made available by the Vehicle Owner on the Renteo Platform. Theault South Pacific is not a party to the Rental Services Transaction. Therefore, to the extent authorised by law, Theault South Pacific may not be held responsible for the obligations incumbent upon Vehicle Owners according to the Rental Services Transaction. In that regard, the pages of the Renteo Platform displaying the Vehicles available for rent expressly specify the Vehicle Owner and whether the Vehicle is directly owned by Theault South Pacific or not.

2. MEMBERSHIP 
 
2.1 - To become a Member and to continue to be a Member, the Member applicant must comply with the following Membership requirements (“Membership Requirements”):
a. be at least 18 years old;
b. have no licence suspensions or disqualifications, major violations or alcohol/drug related incidents in the past 5 years;
c. not have been convicted of, or have any pending convictions for, a criminal offence in any jurisdiction;
d. hold a full unrestricted driver licence in the relevant State and/or Territory where the Vehicle is to be used via the Renteo Platform (unless, if the Vehicle Owner agrees otherwise in writing).

2.2 - Theault South Pacific may accept or reject any Membership application at its entire discretion.

2.3 - The Member must inform Theault South Pacific immediately if the Member ceases to meet any of the Membership Requirements at any time while the Member continues to be a Member.

2.4 - The Member warrants that all information provided to RENTEO in the Membership application or at any time while the Member is a Member is true and correct, including without limitation the Member’s name, address, email address, and information about the Member’s driving history.

2.5 - The Member must ensure that all information provided to Theault South Pacific is current and up to date. The Member must indemnify Theault South Pacific for any claim or loss that Theault South Pacific suffers as a result of any information provided in relation to this Membership Agreement, the Membership or the Member’s use of the Rental Services being incorrect or misleading in any way, whether intentionally or otherwise.

3. REGISTRATION OF THE MEMBER, CONNECTION AND USE OF THE RENTEO PLATFORM 

3.1 - To use the Renteo Platform, the Member must connect to the Website.

3.2 - To access the proposed services available via the Renteo Platform, the Member needs to register or, if the Member is already registered, to login to the Renteo Platform by entering the information required for this purpose.
a. The Member agrees to complete the Membership application form, taking due care to provide necessary, complete and exact information. The Member is required to enter the following information: (i) family name; (ii) first name; (iii) e-mail address; (iv) telephone number and; (v) password. To avoid entering incorrect information, the Member may check his/her/its e-mail address and telephone number before final confirmation of the order.
b. If wished, the Member may register additional information in the "Contact person" field.
c. A copy of an identity document may be stored to provide proof when exercising rights to access, rectify or oppose information or for the fulfilment of any legal obligations, and particularly the driving licence.
d. In all circumstances, the Member is responsible and liable for the information provided (i) in the Membership application form; and (ii) when making a Rental Services booking.
- In the event that incorrect information has been provided by a Member who is a Vehicle Hirer, Theault South Pacific or the Vehicle Owner will not be liable for any incorrect information provided by the said Member when filing the Membership application form or when booking a Vehicle via the Renteo Platform. The Member hereby declares that the Member possesses the appropriate ability to conclude the Rental Services Transaction and valid driving licence suitable for driving a Vehicle and accordingly confirms that the Member has the appropriate age when registering the Membership via the Renteo Platform.
- In the event that incorrect information has been provided by a Member who is a Vehicle Owner, Theault South Pacific or the Vehicle Hirer will not be liable for any incorrect information provided by the said Member when filing the Membership application form or when offering a Vehicle for Rental Servies via the Renteo Platform.
e. The Member agrees that he/she/it will not create or use any account other than the one initially created, whether under the Member’s own identity or that of a third party.
 
3.3 - The Member is recommended to accept push notifications from Theault South Pacific as it enables the Member to receive optimal benefit from the Renteo Platform. Any push notifications sent by Theault South Pacific will be strictly restricted to the management of the Vehicle bookings, excluding any commercial solicitation activities.

3.4 - The information available via the Renteo Platform is forwarded to the Member and accessible on the Member’s account. In the event of the loss or theft of the Member’s mobile phone or computer, the Member must take all necessary measures vis-a-vis the relevant operator. In all cases, the Member warrants that the access to the Member’s mobile phone and/or tablet and/or computer is protected by a password, and that to the extent permitted by law Theault South Pacific cannot be held liable in any way, including in relation to the Rental Services.

3.5 - The Member may unsubscribe at any time, and for any reason from the Renteo Platform.

3.6 - Theault South Pacific may deactivate a Member’s access to the Renteo Platform, without notice, without further formality and with no compensation payable to the Member in the following circumstances:
a. complying with a court order;
b. should a force majeure event occurs;
c. in the event of any failure by the Member to comply with (i) these Membership Terms of Use and/or the Terms and Conditions and/or the Rental Services Transaction; and
d. in the event of an abusive or fraudulent use of the Renteo Platform by either the Member or any third party acting on the Member’s behalf.

4. BOOKING AND PAYMENT FOR THE RENTAL SERVICES - DEPOSIT

4.1 - Search of a Vehicle:
a. Once navigating on the Renteo Platform, the Vehicle Hirer may access a search page on which the Vehicle Hirer may conduct a Vehicle search by entering either (i) a geographic area; (ii) characteristics such as horse boxes; or (iii) availability dates. The Vehicle Hirer then accesses a results page displaying the list of the Vehicle Owners offering a Vehicle meeting the selected criteria. The results are listed in decreasing order according to the geographical proximity.
b. The Vehicle Hirer has the options to click on each result to obtain details of the Vehicle Owners and the Vehicle (price, availability periods, services that are additional to the Rental Services, details or requirements relating to the collection and return of the Vehicle, etc.). As the characteristics of the Rental Services are provided by the Vehicle Owner, Theault South Pacific is not liable for the content and possible incorrect information.
c. Before reserving a Vehicle, the Vehicle Hirer may contact the Vehicle Owner when contact details are available.

4.2 - Booking: The Vehicle Hirer makes a booking by clicking on "Book here". Then, the Vehicle Hirer accesses a summary of the Vehicle that the Vehicle Hirer is about to hire, including: the dates, duration, Vehicle type, etc. The Vehicle Owner may or may not accept the Vehicle Hirer’s booking. The Vehicle Owner may express reservations, additional conditions in writing. Once the booking is accepted by the Vehicle Owner and the Rental Services Transaction agreed by the parties to the said transaction via the Renteo Platform, the Rental Services are invoiced at the price mentioned on the Renteo Platform on the date of the accepted booking. The prices are shown in Australian Dollars and are inclusive of tax, with the applicable GST (when applicable) at the time of invoicing.

 4.3 - Deposit:
a. To guarantee the Vehicle Hirer’s compliance with the Vehicle Hirer’s obligations, the Vehicle Hirer pays the Vehicle Owner an amount in Australian Dollars corresponding to the deposit amount as displayed on the booking page of the Renteo Platform. The deposit amount will not generate interest and will be returned to the Vehicle Hirer after the Vehicle has been returned, subject to deductions, as the case may be, in relation to (i) outstanding rental charges as set out in the Rental Services Transaction and/or (ii) repair costs to be incurred by the Vehicle Owner resulting from the use of the Vehicle by the Vehicle Hirer during the Rental Services Period and as recorded in a document jointly established by the Vehicle Hirer and the Vehicle Owner on the day the Vehicle is returned.
b. Theault South Pacific may, on behalf of a Member whose Vehicle is booked via the Renteo Platform, cancel that booking (either before the Rental Services Period commences or during the Rental Services Period), if via STRIPE, Theault South Pacific is unable to take a prepayment or deposit on the Vehicle Hirer’ card.

4.4 - Payment:
a. The booking is to be paid for in Australian Dollars, in full and in cash, exclusively by bank card or bank transfer via the secure payment site of Theault South Pacific’s financial partner, STRIPE. The Vehicle Hirer receives an email confirming the online booking. The Vehicle Owner is informed of the booking by email and/or text message.
b. The Member must pay:
(i) the price agreed in the Rental Services and any additional fee as set out in the Rental Services Transaction in connection with the agreed booking (even if the Vehicle Hirer collects the Vehicle after the start of the Rental Services Period, return it before the end of the Rental Services Period, or does not use the Vehicle at all during the Rental Services Period); and
(ii) the additional charges set in the event that the Vehicle Hirer uses the Vehicle outside of the Rental Services Period or fails to return the Vehicle and its key to the proper location at the agreed time.

4.5 - Rental Services Transaction: The receipt of the Vehicle Hirer's payment for the booking is the formal confirmation of the Rental Services Transaction between the Vehicle Hirer and the Vehicle Owner or between the Vehicle Hirer and, as the case occasionally may be Theault South Pacific only when Theault South Pacific is directly the Vehicle Owner. Unless when Theault South Pacific is the Vehicle Owner, Theault South Pacific is not a Party to the Rental Services Transaction. The Vehicle Hirer’s bank account may also be debited for additional amounts in relation to the insurance policy.

4.6 - RENTEO’s commission: As part of the service of putting in contact Vehicle Owners and Vehicle Hirers with one another through the Renteo Platform, Theault South Pacific will deduct a 18% commission from the amount to be paid to the Vehicle Owner as payment for Theault South Pacific’s involvement as an intermediary and as the Renteo Platform manager. When the Vehicle is directly rented by Theault South Pacific to the Vehicle Hirer, Theault South Pacific does not invoice a commission for the service to put the Vehicle Owner and the Vehicle Hirer in touch.

4.7 - STRIPE: Via its payment management partner STRIPE Theault South Pacific handles the payments for the Rentals Services to be made by a Vehicle Hirer to a Vehicle Owner. These payments may relate to the Rental Services price in accordance with (i) the distance-related adjustments; (ii) the extend of the Rental Service Period; and (iii) adjustments based on the petrol level in the Vehicle. Although the payments may also relate to any penalties which may be payable by the Vehicle Hirer according to the Rental Services Transaction, the STRIPE payment service will not be used from Theault South Pacific for payment of fines or the enforcement of any court ruling following a dispute between a Vehicle Hirer and the Vehicle Owner.

4.8 - Booking number: Once the booking is made, the deposit and the price of the Rental Services are paid by the Vehicle Hirer, the booking summary page provides the Vehicle Hirer with a booking number to be received by the Vehicle Hirer by email along with a summary of the booking and a link to these Membership Terms of Use and to the Terms and Conditions. The Vehicle Hirer needs the booking number to collect the Vehicle from the Vehicle Owner. The Vehicle Hirer is advised to print out the booking summary received by email, which is a proof of the Vehicle Hirer's booking and of the binding Rental Services Transaction that is in place between the Vehicle Hirer and the Vehicle Owner. After the booking is completed, the Vehicle Hirer may access the history record showing the boking (underway, completed or cancelled).

5. MODIFICATION OR CANCELLATION OF BOOKING
 
5.1 - Cancellation by the Vehicle Hirer: The cancellation terms will be set out by the Vehicle Owner on the advertisement page offering a Vehicle for Rental Services. Subject to the Vehicle Owner additional specifications, Theault South Pacific suggests the following three cancellation options:
a. Flexible cancellation conditions (cancellation by the Vehicle Hirer):
- Cancellation up to 48 hours before the date of collection of the Vehicle, reimbursement by the Vehicle Owner to the Vehicle Hirer of 95% of the price of the booking.
- Cancellation less than 48 hours before the date of collection of the Vehicle: no reimbursement.
b. Moderate cancellation conditions (cancellation by the Vehicle Hirer):
- Cancellation up to 7 days before the date of collection of the Vehicle: reimbursement of 95% of the price of the booking.
- Cancellation between 7 days and 48 hours before the date of collection of the Vehicle: reimbursement of 50% of the price of the booking.
- Cancellation less than 48 hours before the date of collection of the Vehicle: no reimbursement.
c. Strict cancellation conditions:
- Cancellation up to 7 days before the date of collection of the Vehicle: reimbursement of 95% of the price of the booking.
- Cancellation less than 7 days before the date of collection of the Vehicle: no reimbursement

5.2 - Cancellation by the Vehicle Owner: Pursuant to clause 6.1 below, at the time the Vehicle is collected by the Vehicle Owner, the Vehicle Owner is entitled to refuse the Rental Services on any legitimate and reasonable grounds including the Vehicle Hirer's lack of sobriety, or if the person who is collecting the Vehicle is not the Vehicle Hirer who booked via the Renteo Platform, etc. When the Vehicle is not released to the Vehicle Hirer on those grounds, the booking is cancelled. Unless the Vehicle Hirer can demonstrate with tangible proofs that the booking cancellation by the Vehicle Owner is abusive, the Vehicle Hirer will not be entitled to reimbursement if the cancellation is due to a failure by the Vehicle Hirer to comply with the required conditions of the Rental Services Transaction and/or as set out in these Membership Terms of use.

6. COLLECTING THE VEHICLE – DELAYS - RETURNING THE VEHICLE 

6.1 - Collection of the Vehicle: The Vehicle Hirer who booked via the Renteo Platform is required to personally collect the Vehicle from the location that was agreed with the Vehicle Owner under the Rental Services Transaction. The Vehicle Hirer is required to provide the Vehicle Owner with the Renteo Platform booking number. In addition, the Vehicle Owner may require the Vehicle Hirer to show the Vehicle Hirer’s driving licence.

6.2 - Late collection: The collection of the Vehicle by the Vehicle Hirer is required to take place in accordance with the time instructions provided by the Vehicle Owner. When running late and collecting the Vehicle out of the agreed time schedule, the Vehicle Hirer cannot hold the Vehicle Owner and/or Theault South Pacific responsible or liable if the Vehicle is impossible to collect. A delay of 30 minutes will be tolerated. In all circumstances, unless agreed otherwise in writing by the Vehicle Owner, the late collection of the Vehicle by the Vehicle Hirer will not prolong the Rental Services Period for an equivalent amount of time or reduce the agreed price.

6.3 - Failure by the Vehicle Hirer to collect the Vehicle: If the Vehicle Hirer fails to collect the Vehicle, the Rental Services Transaction remains valid, and the booking remains for the Rental Services Period. When the Vehicle Hirer is more than 2 hours late, the Rental Services Transaction is cancelled due to the Vehicle Hirer’s failure to comply with the Vehicle Hirer’s obligations. As a result, the Vehicle Hirer will not be entitled to any reimbursement of the price.

6.4 - The Vehicle Owner’s obligations: The Vehicle Owner will provide the Vehicle Hirer with: (i) The key to the Vehicle; (ii) a copy of the car insurance certificate; (iii) an accident notification form and any other document that is required or advised in the State or Territory where the Vehicle is collected; (iv) the mandatory registration documents in relation to the Vehicle; (v) the Rental Services Transaction providing the standard state of the Vehicle. Once the key to the Vehicle is handed over to the Vehicle Hirer, the Vehicle Hirer is in possession of the Vehicle and as such responsible and custodian of the Vehicle until the return of the key at the end of the Rental Services.

6.5 - Inspection of the Vehicle: The condition of the Vehicle is to be described in the Vehicle inspection form as agreed between the Vehicle Owner and the Vehicle Hirer at the time the Vehicle is collected. When possible, the Vehicle Hirer should take photos of the Vehicle when taking possession of the Vehicle and when ceasing to have possession of the Vehicle, or use the application Weeprove. By signing the Vehicle inspection form, the Vehicle Hirer acknowledges that:
a. the Vehicle displays no visible sign of damage or deterioration, that it is in good working condition and that it is sufficiently equipped to meet the driving requirements in force in the State or Territory where the Vehicle will be used;
b. the Vehicle Hirer has been fully informed of the use and maintenance conditions of the Vehicle and is considered as satisfied with the Vehicle and that, therefore, the Vehicle Hirer confirms that the Vehicle is in good working condition accompanied by a copy of the adequate registration documents including a copy of the insurance certificate and the compliance of the Vehicle with the requirements for transportation of horses;
c. the Vehicle Hirer will inform the Vehicle Owner of all anomalies that are noted while using the Vehicle within 15 minutes after collection and in any case as soon as possible. If the vehicle Hirer fails to do so this, the Vehicle will be considered as having been provided by the Vehicle Owner to the Vehicle Hirer in satisfactory mechanical condition.

6.6 - Returning the Vehicle:

a. The Vehicle Hirer agrees to return the Vehicle in the same condition as it was recorded at the time of collection in the Vehicle inspection form, including the refilling of the petrol tank of the Vehicle (the Vehicle Hirer is responsible to ensure the use of the right category of petrol or diesel). The Vehicle Hirer is responsible to the Vehicle Owner and to Theault South Pacific for all loss and damage that occurs while the Vehicle Hirer has possession of the Vehicle. When returning the Vehicle, the Vehicle Hirer fills the Vehicle inspection form and when possible in the presence of the Vehicle Owner and in any case as agreed with the Owner in the rental Contract. Failure by the Vehicle Hirer to do so may mean that the Vehicle Hirer (unless proved otherwise) will be deemed to have caused, and be liable to, the Vehicle Owner for any loss and damage or untidiness to the Vehicle, even if that loss and damage or untidiness may have occurred before or after the Vehicle Hirer took possession of the Vehicle. Reparation or cleaning services of the Vehicle may apply in addition to some administrative fees (AUD150 + GST to be adjusted from time to time by Theault South Pacific). Similarly, the Vehicle Owner must inspect the Vehicle and report in the Vehicle inspection form any damage to the Vehicle. In the event of any incident affecting Vehicle, the Vehicle Owner may deduct wholly or partially the cost of repair from the deposit.

b. At the end of the Rental Services Period, the Vehicle Hirer must: (i) return the Vehicle to the same parking space from which it was collected (if the Vehicle has a dedicated parking space), or to an unrestricted parking space as close as possible to its specified home location for Vehicles collected from a public space, and follow any specific parking instructions given for the Vehicle; (ii) ensure that the fuel tank is full or as agreed in the Rental Services Transaction; (iii) ensure that the Vehicle is no less clean and tidy than when the Rental Services Period started; (iv) close all of the windows and ensure that all lights and accessories are turned off; (v) check that the Vehicle Hirer’s personal possessions are removed from the Vehicle; (vi) lock the Vehicle and return the key as directed by the Vehicle Owner - the Vehicle is not considered to be returned until and unless the key is correctly returned; (vii) comply with any other requests or instructions given by the Vehicle Owner or Theault South Pacific; (viii) take photographs when possible that clearly show all exterior surfaces and the interior of the Vehicle or use the application Weeprove. If the Vehicle Hirer does not do all of these things, the Vehicle Hirer may be held responsible for loss and damage to the Vehicle and/or charged additional costs.

6.7 - Late return of the Vehicle: In the event that the Vehicle is returned late by the Vehicle Hirer, including when the delay hinders the collection of the Vehicle by the following Vehicle Hirer, the Vehicle Owner will invoice the Vehicle Hirer for an additional day's rental to compensate for lost earnings. A delay of 30 minutes will be tolerated. If no rental of the Vehicle is scheduled after the scheduled return time, any delay exceeding one hour will result in the invoicing of one day's rental.
 
7. DRIVING – ACCIDENTS – THEFT – NOTICE INFRINGEMENT – TOLLS – CLEANING – INSURANCE 
 
7.1 - Non-assignment: The Rental Services Transaction is granted on a personal basis to the Vehicle Hirer and cannot be assigned. As a result, the Vehicle Hirer agrees not to allow any person other than the Vehicle Hirer and as the case may be those other persons allowed to drive the Vehicle as listed in the Rental Services Transaction. A copy of the current, valid driving licence is requested for each driver listed in the Rental Services Transaction.

7.2 - Driving:
a. The Vehicle Hirer agrees to drive the Vehicle responsibly and carefully, and to comply with the driving rules that are formerly in the State or Territory where the Vehicle is to be used (including but not limited to the Vehicle Hirer and/or any agreed additional driver’s blood alcohol content or the level of drugs present in the Vehicle Hirer or any agreed additional driver’s blood exceeding the limit specified by the law of the State or Territory in which the Vehicle is driven).
b. The Vehicle Hirer will drive the Vehicle only on roads and will not drive on surface that is not sealed in any area or under any circumstances including crossing a waterway.
c. The Vehicle Hirer will not: (i) carry cargo or baggage that damages the Vehicle or exceeds the Vehicle’s carrying capacity; (ii) carry a number of passengers and/or horses that exceeds the number that the Vehicle is designed to carry; (iii) carry passengers and/or horses for hire, fare or reward; (iv) pick up hitchhikers or persons unknown to the Vehicle Hirer; (v) transport any inflammable, hazardous, toxic, volatile, poisonous, dangerous or illegal substances or items; (vi) use the Vehicle for or in connection with any illegal activity; (vii) use the Vehicle in contravention of any traffic regulations; (viii) use the Vehicle in any way that is reckless, illegal, abnormal or likely to damage the Vehicle or cause a danger to persons, horses or property; (ix) smoke in the Vehicle.
d. In the event that a fine is issued by the relevant authorities in relation to a traffic offence (including but not limited to driving or parking fines, national park fines, infringement of alcohol-free zones, refusal to submit to a drug or alcohol test etc.), an administration charge of AUD90 + GST (and possibly adjusted from time to time by Theault South Pacific) will be invoiced by the Vehicle Owner to the Vehicle Hirer in addition to the fine itself. The Vehicle Hirer agrees to immediately pay any fines; any legal costs and other costs incurred due to the use of the Vehicle, and to indemnify and hold harmless the Vehicle Owner in that regard. The Vehicle Hirer agrees to lock the Vehicle when parked and to be keeping the key. The key should never be left in the Vehicle. The Vehicle Hirer agrees that the Vehicle will not be driven by a person under the influence of alcohol or drugs.

7.3 - Disposal of the Vehicle: The Vehicle Hirer will not sell, mortgage or pledge the Vehicle or agree on any transaction which is or may be detrimental to the Vehicle Owner's interests.

7.4 - Petrol: The Vehicle Hirer must pay the petrol which is used during the Rental Services Period. The Vehicle Hirer will fill the petrol tank as required before returning the Vehicle. In the event that the Vehicle Hirer fails to do this, the cost of a complete refill of the Vehicle’s petrol tank will be invoiced by the Vehicle Owner to the Vehicle Hirer with a minimum of AUD300.

7.5 - Immobilisation – breakdown – accident:
a. If, during the relevant Rental Services Period, the Vehicle is immobilised for any reason that is not caused by the Vehicle Hirer, the Vehicle Owner will provide the Vehicle Hirer with a replacement Vehicle. If the Vehicle Owner is unable to provide a replacement Vehicle, the Vehicle Owner will not invoice the Rental Services for the period of immobilisation of the Vehicle. In the event of a breakdown of the Vehicle, the Vehicle Hirer will inform the Vehicle Owner as soon as possible and may only perform repairs after the Vehicle Owner has agreed to this. Any attempted repairs by the Vehicle Hirer are therefore prohibited. In the case of an accident, the Vehicle Hirer must immediately inform the Vehicle Owner. Additionally, a copy of the accident notification form, duly signed by the Vehicle Hirer and the third party involved in the accident as the case may be, must be provided to the Vehicle Owner as soon as possible and in all circumstances before the end of the Rental Services Period. The Vehicle Hirer will fill the accident notification form with care. In the case of an accident which does not involve a third party, the Vehicle Hirer alone will complete the accident notification form. Failing to do this, the Vehicle Hirer may be required to indemnify the Vehicle Owner for the losses suffered by the Vehicle Owner.
b. In the event of an accident, the Vehicle Hirer must assist the Vehicle Owner in respect of any claim or action brought in respect of any accident, including attending court to give evidence, and tell the Vehicle Owner about any other insurance or other claim that may be relevant to the claim in the Vehicle Owner’s interest.

7.6 - Theft: If the Vehicle is stolen, the Vehicle Hirer must comply with the following measures: (i) immediately inform (unless Force Majeure circumstances as provided on the Renteo Platform) the police and the Vehicle Owner of the theft or the attempted theft; (ii) return the keys and documents of the Vehicle to the Vehicle Owner, along with the copy of the Rental Services Transaction and the receipt for the theft police report. This must be completed at the latest within 24 hours following the theft report (unless force majeure circumstances). The Rental Services will be terminated on the date the above-mentioned documents and items are returned to the Vehicle Owner.

7.7 - Liability for parking and driving infringements:
a. If an infringement notice is issued in relation to an infringement occurring during a time which the Vehicle Hirer has possession of a Vehicle, or as a result of the Vehicle Hirer’s failure to leave the Vehicle in a legal, unrestricted parking space at the end of a Rental Services Period, then the Vehicle Hirer is responsible to the Vehicle Owner for payment of the infringement notice and any demerit points will accrue to the Vehicle Hirer’s driver licence.
b. The Vehicle Hirer must pay, for the benefit of the Vehicle Owner, any infringement notice that the Vehicle Hirer is responsible for in full on or before the date that payment is due. If either the Vehicle Owner or the Vehicle Owner's authorised representative, or Theault South Pacific receives an infringement notice that the Vehicle Hirer is responsible for, then:
(i) the Vehicle Owner or the Vehicle Owner's authorised representative or Theault South Pacific, as the case may be, will inform the relevant authority that the Vehicle Hirer was the driver of the Vehicle at the time of the infringement and the authority will then issue the corresponding infringement notice to the Vehicle Hirer;
(ii) the Vehicle Hirer consents to the relevant recipient of the infringement notice to provide the Vehicle Hirer’s personal information to the relevant authority and the Vehicle Owner or Theault South Pacific may charge the Vehicle Hirer a AUD190 + GST administration fee (that can be adjusted from time to time by Theault South Pacific) for each infringement notice received.
c. The Vehicle Hirer will be responsible to the Vehicle Owner for the full cost of recovery and any damage to the Vehicle should the Vehicle be seized, towed or impounded whilst in the Vehicle Hirer’s possession or as a result of the Vehicle Hirer’s failure to leave the Vehicle in a legal, unrestricted parking space at the end of a Rental Services Period.

7.8 - Liability for tolls: The Vehicle Hirer will be liable for payment of any tolls incurred in relation to the use of a Vehicle during the Rental Services Period. The Vehicle Hirer’s liability for the toll will commence at the time the toll is incurred. When a toll device is installed on the Vehicle, the Vehicle Hirer will reimburse the Vehicle Owner of the toll incurred during the relevant Rental Services Period.

7.9 - Cleaning: The Vehicle Hirer will return the Vehicle cleaned inside and out. If cleaning is found to be necessary by the Vehicle Owner, a fixed charge of AUD300 + GST will be invoiced by the Vehicle Owner to the Vehicle Hirer.

7.10 - Car Insurance: The Vehicle Owner will insure the Vehicle; the role of Theault South Pacific being limited to verifying that the Vehicle Owner’s obligation is met when enrolling as a Vehicle Owner, unless the Vehicle Owner opts to obtain insurance cover provided or arranged by Theault South Pacific (through Renteo or its insurance partners). The amount of any deductibles and the applicable conditions shall either be determined by the Vehicle Owner under their own insurance contract, or by the terms of the insurance cover provided or arranged by Theault South Pacific. The Vehicle Hirer is usually not insured in the following cases: (i) inability to return the Vehicle’s key after having reported a theft; (ii) damage to the Vehicle resulting from burns, interior damage or deterioration and on the upper and lower parts of the vehicle in addition to damage to the tyres, wheel hubs and wheels/wheel rims; (iii) driving when drunk and/or under the influence of drugs and/or medicines; (iv) provision of false information relating to identity or the validity of a driving licence; (v) loss or damage of any king affecting personal belongings, items or animals within the Vehicle.

8. USE BY THE VEHICLE HIRERS OF THE RENTAL SERVICES VIA THE RENTEO PLATFORM 

8.1 - Theault South Pacific does not control the condition of any Vehicle, the actions of any Member, or the information provided to Theault South Pacific or to the other Members via the Renteo Platform including Member’s profiles or otherwise made available to the other Members via the Renteo Platform. The Member is solely responsible for his/her/its own actions and inactions in relation to the Rental Services and the interactions with other Members.

8.2 - Theault South Pacific is not liable for, and disclaim any liability related to, a Member’s interaction with other Members, the Vehicle Hirer’s use of a Vehicle or the Vehicle Hirer’s’ use of a Vehicle of a Vehicle Owner, or any Member’s action or inaction, with respect to the Rental Services and the Rental Services Transaction. The Member uses any Vehicle made available through the Renteo Platform at his/her/its own risk. To the extent not prohibited by law, RENTEO owes the Member no duty of care, and disclaim all responsibility or liability to the member, any passenger or third party (howsoever arising) resulting from any accident, breakdown or any other failure of a Vehicle.

8.3 - By using the Renteo Platform, the Member agrees that any legal claim or remedy that the Member may seek to make or obtain for Rental Services under the Rental Services Transaction, or for actions or omissions of other Members or third parties will be limited to the particular Member or third party and the said Member agrees not to attempt to claim against or impose liability on or seek any legal remedy from Theault South Pacific with respect to such actions or omissions. If the Member has a dispute with or claim against one or more Members, the Member releases Theault South Pacific (and its officers, directors, agents, and employees) from liability (howsoever arising, whether under contract, tort, stature or otherwise) in any way connected with such disputes or claims.

8.4 - The Renteo Platform, including the booking system, comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by this Membership Agreement. Nothing in this Membership Agreement affects the Member’s statutory rights as a consumer. Theault South Pacific gives no warranties beyond the consumer guarantees that are not expressly set out in these Membership Terms of Use. In particular, to the extent not prohibited by law:
a. the Member acknowledges that with the exception of a major failure that continues un-remedied for 48 hours, the operation of the Renteo Platform, including the availability of the booking system, is not time critical. Theault South Pacific will supply the intermediation services via the Renteo Platform within a reasonable time, and Theault South Pacific gives no other warranty or guarantee in relation to the availability of the Renteo Platform (including the booking system), or that access to the Rental Services offered by the Vehicle Owners to the Vehicle Hirers (including the booking system) will be free from interruptions or errors;
b. the services accessible to the Members via the Renteo Platform depend upon telecommunications, cloud storage and other services delivered to Theault South Pacific and Members by third parties, the availability of which Theault South Pacific cannot control;
c. if Theault South Pacific fails to supply the services available to the Members via the Renteo Platform within a reasonable time, or otherwise fail to comply with a consumer guarantee, Theault South Pacific will not be liable for any damage, loss or cost, including without limitation loss of expected revenue, loss of profit or loss of opportunity, that is not reasonably foreseeable.

9. MEMBER PROFILES - USE OF THE RENTEO PLATFORM 

9.1 - The Member has the possibility to create a Member Profile by using the information that the Member provides to Theault South Pacific under the Membership application or by any other method. This Member Profile will be accessible to the Member via the Member-only section of the Renteo Platform. Some information from the Member Profile, such as profile photo, first name, contact details and reviews, may be made available to other Members.

9.2 - The Member is sole responsible for updating and maintaining the currency of the Member Profile on the Renteo Platform. The Member is responsible to ensure that any information posted in the Member Profile is correct, complete and not misleading.

9.3 - The Member warrants that any text, images or other content that would constitute intellectual property of any nature ("Materials") that the Member includes in the Member Profile or otherwise provided to Theault South Pacific does not infringe on the intellectual property rights of any third party. When entering the information via the Renteo Platform for filing the Member Profile, the Member grants Theault South Pacific a non-exclusive, irrevocable, worldwide, perpetual and royalty-free licence to use any Materials that the Member produces or provides via the Renteo Platform.

9.4 - Theault South Pacific will take reasonable steps to verify, at the time that a Member is accepted for Membership, that the Member has a current driver licence and that any Vehicle that the Member makes available for sharing is appropriately registered. However, Theault South Pacific does not guarantee the completeness or correctness of this or any other information that Members provide to Theault South Pacific at the time of submitting a Membership application or afterwards. Theault South Pacific will not under any circumstances be liable for any loss or damage resulting from or arising in connection with any errors, inaccuracies or misrepresentations in any Member’s Member Profile.

9.5 - Theault South Pacific will issue the Member with a Member ID for accessing the Member-only areas of the Renteo Platform. The Member must keep the Member ID and password confidential and secure. The Member must use the Renteo Platform and the booking system only for the intended purpose of making valid bookings for the Rental Services, and the Member will be liable for any use of the Renteo Platform, including the booking system, that is made using the Member ID.
 
 
10. REVIEWS 

10.1 - Providing reviews about other Members and Vehicles is important to give other Members as much information about the Rental Services as possible, about the Vehicle Owners but also about the Vehicle Hirers. Both Vehicle Hirers and Vehicle Owners are then encouraged to submit reviews following the completion of each Rental Services Transaction.

10.2 - When providing feedback via the Renteo Platform, the Members must not publish any abusive, defamatory, obscene or intimidating material or statements.

11. INTELLECTUAL PROPERTY 

11.1 - Unless stipulated otherwise, the intellectual property related to the Renteo Platform as well as to any document or form produced, supplied or sent by Theault South Pacific will always remain Theault South Pacific’s property. Theault South Pacific retains the intellectual ownership of its creations used in the Renteo Platform.

11.2 - The Member warrants that any text, images or other content that would constitute intellectual property of any nature ("Materials") that the Member includes in the Member Profile or otherwise provided to RENTEO does not infringe on the intellectual property rights of any third party. When entering the information via the Renteo Platform for filing the Member Profile, the Member grants Theault South Pacific a non-exclusive, irrevocable, worldwide, perpetual and royalty-free licence to use any Materials that the Member produces or provides via the Renteo Platform.

11.3 - The Members (both Vehicle Hirers and Vehicle Owners) are authorised to use Theault South Pacific’s intellectual property rights for the purpose of implementing the Rental Services Transaction and in particular must comply with the graphical specifications supplied by Theault South Pacific for the use of its brand, including among others by means of flyers, windscreen stickers or any other commercial documentation that may be supplied. At the end of the Member’s Membership, regardless of the grounds for this, the Member agrees to no longer use any of Theault South Pacific 's assets protected by intellectual property rights.
 
12. PRIVACY 
 
12.1 - Theault South Pacific will comply with all relevant privacy legislation and Theault South Pacific privacy policy in relation to the Member’s personal information.

12.2 - If Theault South Pacific does not collect personal information from the Member, Theault South Pacific will not be able to provide the services to the Members via the Renteo Platform and if any of the personal information the Member provides is incomplete or inaccurate, the quality of services of the Renteo Platform may be compromised.

12.3 - The Member consents to Theault South Pacific providing the Member’s personal information to other Members and to the relevant authorities when necessary as set out in this Membership Terms of Use.

12.4 - Theault South Pacific collects and processes personal data from the Members (including Vehicle Hirers and Vehicle Owners) when taking and processing rental bookings placed via the Renteo Platform, during the Rental Services Period and during dealings with the Vehicle Hirers and Vehicle Owners and for the preservation of Theault South Pacific’s own business interests, including for the preservation of proof. In as far as this is necessary to the fulfilment of the Vehicle Owner’s and/or Theault South Pacific's obligations, Theault South Pacific will send the Vehicle Hirer's personal data to the Vehicle Owner with whom/which a booking has been made. The Vehicle Owner warrants not to use the personal data of the Vehicle Hirers forwarded to the Vehicle Owner for any reasons other than those related to the performance of the Rental Services the Vehicle Owner provides. In particular, the use of this personal data for prospection and commercial solicitation purposes is prohibited.

12.5 - The Member can tell Theault South Pacific if the Member does not consent to Theault South Pacific’s use of such information, or if the Member does not wish to receive such information, or if the Member has any questions about Theault South Pacific privacy policy, by calling Theault South Pacific on +61 (0)2 8880 8337 - Telephone number or by sending an email to contact@renteo.com.au.

12.6 - By entering your personal information in the Membership application form to become a Member and have access to the services made available by Theault South Pacific via the Renteo Platform, the Member represents to Theault South Pacific that the Member has read, and agreed to, the terms of Theault South Pacific privacy policy.

12.7 - Geolocation: When the Vehicle is equipped with a geolocation system for security and service provision reasons, the Vehicle Hirer is informed of it by the Vehicle Owner.
 
13. GOVERNING LAW – JURISDICTION – OTHERS

13.1 - Governing law: These Membership Terms of Use; the Terms and Conditions and the Rental Contract shall be governed by and construed in accordance with the laws that apply in the State of New South Wales.

13.2 - Dispute resolution – Jurisdiction:
a. If a Member has a complaint or dispute against another Member in relation to the Rental Services Transaction, the Member may ask Theault South Pacific to assist in resolving the complaint. Theault South Pacific reserves the right, but has no obligation, to monitor or assist the resolution of disputes between a Member and other Members. If the dispute between the Members cannot be resolved, each of the parties to the dispute irrevocably submits to and accepts generally and unconditionally the non-exclusive jurisdiction of the courts and appeal courts of the State where the Vehicle Owner is located with respect to any legal action or proceedings which may be brought at any time and relating in any way to the Rental Services Transaction.
b. If a Member has a complaint or dispute against Theault South Pacific in relation to the Renteo Platform, these Membership Terms of Use and/or the Terms and Conditions each of the parties to this dispute irrevocably submits to and accepts generally and unconditionally the non-exclusive jurisdiction of the courts and appeal courts of the State of New South Wales with respect to any legal action or proceedings which may be brought at any time and relating in any way to these Membership Terms of Use and/or the Terms and Conditions.
c. Each of the parties to a dispute as set out either in paragraph (a) or paragraph (b) of this clause 13.2 irrevocably waives any objection it may have now or in the future to the venue of any such action or proceedings and any claim it may now have or in the future have that any such action or proceedings has been brought in an inconvenient forum.

13.3 - Others:
a. The language of the Membership Agreement is the English language.
b. If the whole or any part of a provision of these Membership Terms of Use and/or the Terms and Conditions is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of these Membership Terms of Use and/or the Terms and Conditions is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Membership Terms of Use and/or the Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

14. CANCELLATION AND SUSPENSION OF MEMBERSHIP

14.1 - The Member may uninstall or unsubscribe from the Renteo Platform at any time, for any reason provided that the Member (i) informs Theault South Pacific of the termination; and (ii) meets its obligations in relation to the already booked Rental Services unless Theault South Pacific agreed otherwise in writing.

14.2 - Theault South Pacific may suspend or delete the Member’s account on the Renteo Platform with immediate effect based on reasonable grounds that the Member is in breach with these the Membership Terms of Use and/or the Terms and Conditions when relevant.

14.3 - More generally, Theault South Pacific may deactivate the Renteo Platform without further notice, and with no compensation payable to the Member when the following events occur: (i) to comply with an order to do so from a relevant court; (ii)) in case of force majeure; (iii) in the event of breach by the Member of these Membership Terms of Use ; (iv) in the event of abusive or fraudulent use of the Renteo Platform either by the Member or by any third party acting on its behalf; and in the event of abusive comments made in a review relating to either a Vehicle Owner, a Vehicle Hirer, or Theault South Pacific.

14.4 - Theault South Pacific will not be liable for any direct or indirect loss or cost, including without limitation any loss of income or loss of opportunity, that the Member may suffer as a result of Theault South Pacific’s decision to delete the Member’s account on the Renteo Platform. The Member will not be entitled to a refund of any Membership fee if any.

14.5 - Termination of this Membership Agreement does not affect any accrued rights or liabilities up to (and including) the date of termination.

15. SEVERANCE

If any part of these Membership Terms of Use is invalid or unenforceable, the remainder of it continues in full force.

16. WAIVER OR VARIATION

A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
The exercise of a power or right does not preclude:
a. its future exercise; or
b. the exercise of any other power or right.
The variation or waiver of a provision of this Membership Agreement or a Party’s consent to a departure from a provision by another Party will be ineffective unless in writing executed by the Parties.

17. DEFINITIONS AND INTERPRETATION

“Membership Agreement” means the agreement comprising the Membership Terms of Use; the Terms and Conditions.
“Rental Services Period” means the period during which the Rental Services are rendered by the Vehicle Owner to the Vehicle Hirer pursuant to the Rental Services Transaction (including any amendments to that period that are made and accepted through the booking system and the Rental Services Transaction).
“Membership Requirements” means the minimum requirements set out in clause 3 that Members must meet in order to obtain and maintain their Membership.
“Vehicle Hirer” means a Member who hires, or makes a booking to hire, a Vehicle on the Renteo Platform.
“Member” means any person whose Membership application has been accepted by Theault South Pacific via the Renteo Platform and whose Membership has not been cancelled, and may be a Vehicle Hirer or a Vehicle Owner.
“Member Profile” means the information about a Member that is stored on the Renteo Platform systems.
“Membership” means the state of being an active Member.
“Membership application” means an application for Membership, which may be made electronically, and includes all of the information provided by the prospective Member in that form or in connection with that form application;
“Rental Services Transaction” means the contract entered into, via the Renteo Platform, by (i) a Vehicle Owner and (ii) a Vehicle Hirer in relation to Rental Services, Theault South Pacific being not party of the Rental Services Transaction (unless Theault South Pacific is the Vehicle Owner);
“Rental Services” mean the rental services provided by a Vehicle Owner to a Vehicle Hirer and made available via the Renteo Platform;
“Vehicle Owner” means a Member who owns a Vehicle and has indicated their willingness to make their Vehicle available to other Members through the Renteo Platform.
“Terms and Conditions” means the General Terms and Conditions of Rental via the Renteo Platform. These conditions are available on the Renteo Platform.
“Vehicle” means a Vehicle that is manufactured by Theault group including its standard modifications and accessories as supplied by Theault group, keys, remote opening devices, made available for the Rental Services.