1. About KINTO
KINTO gives you access to Vehicles which you can use by the hour or day in accordance with the terms of this Agreement. These services are sometimes referred to as KINTO Share, KINTO Rent or KINTO Flex.
KINTO is a program of Toyota Finance Australia Limited (ABN 48 002 435 181). KINTO Vehicles are provided by, and you are contracting with Toyota Finance Australia Limited (ABN 48 002 435 181) (“KINTO”, “we” or “us”). This Agreement governs your application for Membership, your Membership, your Bookings, use of the Website and the KINTO App.
This Agreement will operate for a term of 1 month (Initial Term). After the expiry of the Initial Term, this Agreement will continue to roll over on the same 1 month term (Subsequent Terms) until terminated in accordance with this Agreement.
2. Who can use KINTO
In order to use KINTO Vehicles you must be a Member.
To become and remain a Member, you must at the commencement of the Initial Term and thereafter throughout the Initial Term and during the period of any Subsequent Term:
be at least 18 years old;
have a valid full or provisional Australian or international driver’s licence with licence type of ‘car’. Any driver’s licence must be in English or have an English translation;
have a valid Payment Card in your name or a Payment Card approved for use by KINTO;
have not had an application for, or contract of, motor insurance refused, declined or cancelled in the last 3 years;
have not had your driver’s licence or permit suspended, cancelled, restricted or endorsed with special conditions in the last 3 years;
have not been convicted of, or had any fines imposed, for criminal activity in the last 3 years;
have not had more than 2 motor vehicle claims where you have had to pay an excess in the last 3 years;
provide consent to enable us to verify your identity using the Document Verification Service (DVS) or other third party systems;
provide us with any information KINTO reasonably requests including but not limited to photo identification, proof of address and photocopies of your driver’s licence; and
accept the terms of this Agreement.
If for any reason you fail to continue to satisfy 2.1 (b) at any time during the Initial Term or any Subsequent Term, you must notify us immediately.
You agree that your failure to satisfy 2.1(b) at any time during the Initial Term or Subsequent Term will mean that you will no longer be a Member.
You consent to us checking your personal information with the document issuer or official record holder via third party systems for the purpose of confirming your identity in relation to joining KINTO.
You agree that we may store your nominated Payment Card information with a third party provider of payment gateway services.
You agree that we may debit your nominated Payment Card for all fees and charges incurred in relation to the use of KINTO services during the term of your Membership.
You authorise us to take a $1 pre-authorisation to check the validity of your Payment Card.
We reserve the right to refuse Membership at our discretion and we are not required to give you reasons if we refuse your Membership application.
We may request further information and documentation from you at any time during the term of your Membership.
3. Your obligations
In order to be a KINTO Member, and at all times while in possession of the Vehicle, you must:
accept the terms of this Agreement as set out at the time you become a Member or as updated from time to time on www.kinto.com.au;
always hold a valid driver’s licence;
comply with all laws, including all traffic regulations and licensing requirements;
drive and use the Vehicle in a lawful, safe, and careful manner;
ensure that when the Vehicle is not in use that the Vehicle is locked, windows are up, boot is closed, fuel cap is closed and sun-roof closed;
take all reasonable steps to prevent your Membership from being used to access KINTO in an unauthorised manner;
not allow anyone who is not an approved KINTO member to drive or use the Vehicle; and
give us notice if any of your details have changed, including your contact details, nominated Payment Card, licence conditions or any matters set out in clause 2.1(b).
You agree to pay the applicable Membership Fee which is charged in advance and payable monthly.
The Membership Fee will be displayed on www.kinto.com.au and it is your responsibility to ensure that you are aware of and accept the Membership Fee prior to each roll over to a Subsequent Term.
We may vary the Membership Fee from time to time, and where there is an increase in fee, we will give you not less than 1 months’ notice.
Where we increase the Membership Fee in accordance with clause 4.1(c), you will be entitled to terminate this Agreement by providing written notice to us no later than 14 days before the change is due to take effect and you must return the Vehicle prior to the end of the notice period.
You agree to pay the Booking Fee applicable to your Booking, as set out on the KINTO App and amended by us from time to time.
Unless agreed otherwise by KINTO the Booking Fee is charged in accordance with the applicable hourly or daily fee, together with a charge per kilometre that the Vehicle is driven by the Member (if applicable).
The Booking Fees will be displayed on the KINTO App and the total Booking Fee will be calculated at the end of the Booking.
You agree that we may, from time to time, require payment of some or all of the Booking Fees up-front, prior to the commencement of your Booking. If payment is not made when requested, then we are under no obligation to allow your Booking to proceed.
The Booking Fee is payable on all Bookings made that are not cancelled, irrespective of whether the Vehicle was used or not.
The total Booking Fee excludes any Extras selected as part of the Booking (e.g. Insurance Excess reduction, Concierge and, One Way Trip). If you have selected any Extras as part of the Booking, these will be charged separately at the end of the Booking.
If you have selected Concierge as an Extra to your Booking and you need to make changes to the Booking that impact the Concierge service, such as change in drop off location, date or time, you must provide KINTO with a minimum of 2 days’ notice to make these arrangements. Failure to provide sufficient notice may result in you being charged the Concierge fee again each time this service has to be re-scheduled.
You agree to pay any fees and charges incurred by your use of the Vehicle, including but not limited to refuelling (where applicable), damage, tolls, traffic infringements, parking costs, towing fees, storage fees, collection agent fees, payment decline fees, late payment fees, legal costs and court fees.
If a speeding, parking or other traffic infringement notice is issued for the Vehicle while the Vehicle is in your possession, the infringement notice will be processed and re-issued in your name by us. You will be liable for any fees and charges associated with the infringement, including our reasonable administration fees for processing and re-issuing the notice.
If you do not return the Vehicle in the same condition that you collected it, you agree to pay the cleaning fees as set out in the Fee Schedule.
If you damage, misuse, abuse or neglect the Vehicle, you will be required to pay for any repairs, maintenance or service fees incurred by us (including any inspection or repair fees).
If you do not return the Vehicle at the required time, as set out in your Booking confirmation email, you agree that you may be charged:
Booking Fees for the time that the Vehicle remains in your possession;
a late return fee, as set out in the Fee Schedule, unless you notify us and your Booking can be extended. You may not be able to extend your Booking if the Vehicle has been booked by another Member;
administration fees as reasonably incurred by us as a result of contacting you or assisting other Members with finding replacement Vehicles; and
any fees payable as a result of KINTO having to recover the Vehicle, including but not limited to, legal costs, court costs, police costs, debt recovery costs, parking costs and retrieval costs of the Vehicle and replacement costs of the Vehicle if a Vehicle cannot be recovered.
You agree that you may be liable to pay other fees as set out in the Fee Schedule and under this Agreement. Fees may be amended by us from time to time.
You agree to pay all costs, fees, charges and disbursements (including collection agency commissions, and legal costs) incurred or to be incurred by KINTO in recovering any monies due to us by you under this Agreement.
By entering into this Agreement, you have authorised KINTO to arrange for fees and charges to be debited from your nominated Payment Card unless otherwise agreed with KINTO.
If your nominated Payment Card is not in your name, you warrant that KINTO has the authority to debit the Payment Card for the Booking Fee and other fees and charges pursuant to this Agreement.
Booking Fees and Extras will be charged, at KINTO’s discretion, to your nominated Payment Card either on commencement or completion of your Booking.
Other fees and charges as set out in the Fee Schedule and under this Agreement will be charged to your nominated Payment Card as they arise.
It is your responsibility to ensure that there are sufficient clear funds available in your nominated account to allow the fees to be paid.
If your payment dishonours or cannot be processed, you agree that KINTO may, without further notice:
re-attempt to apply the relevant payment on your nominated Payment Card; and
suspend your account until it is paid in full; and
you may be charged a late payment fee as set out in the Fee Schedule.
You may change your Payment Card details through the KINTO App. You authorise us to take a $1 pre-authorisation to check the validity of your Payment Card when you update your details.
You agree to only use any discount or promotion offer according to the terms it is offered and agree to pay to KINTO any additional amounts as a consequence of your incorrect use of any discount or promotion offer.
We may pay commissions to third parties in connection with this Agreement.
You must not use or access a Vehicle without holding a valid Booking to use that Vehicle.
A valid Booking can be made by you (or someone you authorise on your behalf) via the KINTO App or as otherwise agreed by KINTO.
You agree to comply with all conditions of your Booking, including but not limited to the particular Vehicle you will use and the time, date and duration of your Booking.
At the commencement of your Booking, you must inspect the Vehicle for any damage or unsatisfactory condition (for example, the Vehicle is not clean or has less than a quarter of a tank of fuel).
If there is any damage, you must check whether this has been recorded in the KINTO App. If it has not been recorded, you must report the damage using the KINTO App prior to using the Vehicle. If you fail to report the damage, you may be held responsible for the damage.
If the vehicle is in an unsatisfactory condition, you must report this using the KINTO App prior to using the Vehicle. If you fail to report the unsatisfactory condition, you may be held responsible for the unsatisfactory condition.
Bookings can be made for a minimum period of 1 hour and a maximum period of up to 364 days where permitted by KINTO.
Where a Vehicle is not returned to the designated parking space by the booking end day and time, and you have not extended the Booking or contacted us to advise that you are returning the Vehicle late, we may terminate the Booking and report you to the relevant law enforcement authorities.
If your Booking period is less than 30 days, you may cancel a Booking at least 2 hours prior to the Booking start time and not incur the Booking Fee. If you cancel a Booking less than 2 hours prior to the Booking start time, you will be charged a cancellation fee as set out in the Fee Schedule.
If your Booking period is 30 days or greater and you wish to end your Booking early, you must provide KINTO with a minimum of 7 days’ notice before the end of the relevant 30 day Booking period (and return your vehicle at the end of the period). If you do not provide this period of notice, you will be liable for payment of the following 30 day Booking period.
If you fail to collect your Vehicle in accordance with your valid Booking, you will be charged the Booking Fee as set out in clause 4.2.
You may extend a Booking through the KINTO App or as otherwise agreed with KINTO as long as the Vehicle is available during that period of time. If you extend the Booking, you will be charged an additional Booking Fee as per clause 4.3(e)(i). Unless agreed by KINTO, you are only permitted to extend the Booking once otherwise KINTO reserves the right to terminate your Booking.
If you are not able to return the Vehicle at the required time and you are unable to extend your Booking through the KINTO App, you must contact us immediately. You must take all reasonable steps to return the Vehicle to its designated parking space. If you do not notify us that you are unable to return the Vehicle at the required time and if your Booking cannot be extended because the Vehicle is not available, you will be charged a late return fee as per clause 4.3(e)(ii).
KINTO may amend or cancel your Booking, including the duration of your Booking, or repossessing, reclaiming or substituting a Vehicle, in each case at any time (including during the original Booking period), at our absolute discretion but we will use reasonable efforts to notify you as soon as reasonably possible.
If KINTO amends or cancels your Booking due to your breach of this Agreement, you acknowledge and agree that you will be liable for all and any fees, fines and costs associated with the retrieval of the Vehicle.
At the end of your Booking you must return the Vehicle to the designated parking space referred to as the station in your Booking confirmation email.
If you are unable to return the Vehicle to the designated parking space, you must park the Vehicle in the nearest legal unmetered car space to the designated parking space and inform us of the location of the Vehicle. If you do not inform us of the location of the Vehicle on completion of your Booking, you will be a charged a fee for returning the vehicle to the incorrect location and you may also be charged a fee for vehicle relocation as set out in the Fee Schedule.
If you return the Vehicle to a car space other than its designated parking space and that car space is or becomes an illegal car park or a metered car space, you will be liable for any fees and charges associated with parking the Vehicle in that car space. This includes parking fines and administration fees for processing and re-issuing the fine, towage fees, storage fees and the equivalent Booking Fee while unavailable for use.
When you return the Vehicle, you must ensure that:
the Vehicle is in the same condition as when you collected it;
the ignition of the Vehicle is switched off;
the lights of the Vehicle are switched off;
all doors, windows, the boot, petrol cap, bonnet and sunroof (if applicable) of the Vehicle are closed;
the Vehicle has at least a quarter of a tank of fuel;
the fuel card has been returned to the Vehicle glovebox;
all documents and accessories that were in, attached to or fitted to the Vehicle at the commencement of your Booking remain in, attached to or fitted to the Vehicle;
you have removed all your personal items from the Vehicle;
you have locked the Vehicle; and
you have inspected the Vehicle and logged any new damage in the KINTO App.
In order to end your Booking, you must open the KINTO App to end your journey. You may continue to be charged if you do not complete this step.
You acknowledge and agree that KINTO will not be responsible for any personal items left in a Vehicle. You are required to take full responsibility to ensure you have removed all of your personal items from the Vehicle. You will be liable for any costs, fees or charges associated with the retrieval, removal, return and/or storage of your personal items.
You must ensure that, at the end of your Booking, there is a minimum of a quarter of a tank of fuel in the Vehicle. If you fail to do so, you will be charged a fee as set out in the Fee Schedule and amended by us from time to time.
You must ensure that you use the correct fuel, as described in the driver’s guide and on the back of the Vehicle fuel cap.
Each Vehicle is fitted with a fuel card for the purpose of refuelling the Vehicle at selected petrol stations, which you must use where possible unless your Booking precludes the use of the fuel card. You must not use the fuel card for any purpose other than refuelling the Vehicle associated with your Booking. If you use the fuel card for any other purpose, you will be liable for the costs incurred and KINTO may cancel your Membership.
Where you are unable to use the fuel card provided in the Vehicle to pay for fuel, you may submit to us within 30 days, a written request for reimbursement of the fuel purchased along with your Booking details and a receipt showing the date and time, purchase location, type of fuel, fuel volume and amount paid for the fuel.
Where you have paid for fuel due to your own error, including but not limited to forgetting the PIN for the fuel card or entering the wrong PIN, and you have requested reimbursement in accordance with this clause, you will incur an administration fee.
7. Driving and Damage
When you are operating the Vehicle you must always do so in a safe manner and must not:
operate the Vehicle at any time that it is unsafe to do so;
operate the Vehicle or allow the Vehicle to be operated in any illegal manner;
operate the Vehicle under the influence of drugs, alcohol, prescribed medication or any other substance which may impair your ability to drive the Vehicle;
consume or allow any passengers to consume any alcohol or illicit drugs in the Vehicle;
allow the Vehicle to be driven by anyone, other than approved KINTO Members;
allow any more passengers to travel in the Vehicle than are legally permitted;
use or prepare the Vehicle for use in any form of motor sport or contest, experiment, test, trial or demonstration purpose;
use the Vehicle to convey or tow a load in excess for which the Vehicle or attached trailer was designed;
remove or attempt to remove the Vehicle from Australia;
remove any accessories or devices attached or fitted to the Vehicle;
remove or attempt to remove any e-tag, car park access device or parking pass from the Vehicle;
not part with possession of the Vehicle;
make alterations or additions or interfere with the Vehicle (this includes installing anything on or in the Vehicle);
smoke or vape in the Vehicle or permit passengers to do so;
use the Vehicle for fare or reward (including driving school instruction);
use the Vehicle for any unlawful purpose, including carrying hazardous or inflammable goods;
take pets in the Vehicle;
fill up the Vehicle with incorrect fuel; or
allow the Vehicle to be driven on beaches or through streams, dams, rivers, flood waters, bush fire affected areas or any other roadway where the police or any Government authority have issued a warning or caution.
In the event of an accident or an incident that causes any damage to the Vehicle, or third party property, whether or not the accident or damage is the result of your use of the Vehicle or caused by you, you must:
immediately, or where this is not possible, as soon as reasonably practicable, call us to report the damage or liability incurred;
immediately report any malicious damage, fraudulent conduct or loss of property and also any injury to any person caused by a Vehicle in your possession to the police. In these circumstances you must then provide us with the police reference number;
follow directions given by us;
not engage in, or attempt to repair the Vehicle or any third party property;
not promise or offer to settle or partly settle the matter or defend the matter, or assign your rights to a third party in the event of any accident;
where reasonably possible, take photographs of the damage and the scene and provide us with copies of those photographs;
not admit liability; and
take all reasonable precautions to prevent or minimise further loss, damage or theft and take all reasonable action to recover lost or stolen property and minimise the claim.
In the event the Vehicle is lost, stolen or damaged maliciously, you must:
immediately report it to the police and provide us with the police reference number; and
immediately, or where this is not possible, as soon as reasonably practicable, call us to report the Vehicle missing or damaged.
You agree that you may be charged for the replacement cost of a Vehicle per clause 4.3(e)(iv) if the Vehicle is lost or stolen due to you breaching clause 8.2(f) of this Agreement or otherwise due to your negligent action or inaction which results in us not being able to successfully make a claim against our insurance policy.
You agree that you will complete any forms and provide any information that we require in the event of an accident or any damage or theft of the Vehicle.
You agree to fully co-operate with KINTO and any third party, as required by us, in relation to any investigation or legal proceedings associated with an accident, theft or damage sustained in connection with your Booking.
You agree that if you fail to comply with any of your obligations under this clause 7.2, you may be liable for a proportion of the fees, charges and other costs associated with the accident, theft or damage to the extent that your failure contributed to these costs.
You agree that you will be liable for any cleaning, damage, repair, towing, storage and other ancillary costs, fees and charges caused as a result of you breaching clause 7.1, and that such costs, fees and charges are in addition to the amount of any Insurance Excess or Reduced Insurance Excess you are required to reimburse to us.
If you refuel the Vehicle with the incorrect fuel type, you will be liable for any fees and charges associated with the repair, servicing, storage, towing and retrieval of the Vehicle.
KINTO has insurance which covers KINTO Vehicles in your possession. This protects you from accidental loss or damage to the KINTO Vehicle and it also covers your legal liability to pay compensation for loss or damage to someone else’s property caused by an accident involving the KINTO Vehicle subject to the terms of this Agreement. Nothing in this clause prevents us or our insurers from seeking money from you as a result of your breach of this Agreement.
In the event that a claim needs to be made against our insurance policy, KINTO is liable to pay the Insurance Excess to the insurer. You agree to reimburse us this cost when we make a claim under our insurance policy.
You may reduce your liability to reimburse us for the Insurance Excess each time you make a Booking by selecting the Insurance Excess reduction option as an Extra through the KINTO App. In this instance, you will then only be liable to reimburse us for the amount of the Reduced Insurance Excess. The Insurance Excess reduction fee is payable on each Booking where you wish to reduce your liability to reimburse us for the Insurance Excess and the Reduced Insurance Excess only applies to you. If you are not the person operating the Vehicle at the time of an accident, the Reduced Insurance Excess will not apply and you must reimburse us for the full amount of the Insurance Excess.
The amount of the Insurance Excess and the Reduced Insurance Excess will be provided on www.kinto.com.au and may be amended by us from time to time in its sole discretion.
Should we increase the amount of the Insurance Excess or the Reduced Insurance Excess, we will give Members at least 1 months’ notice of such amendment.
In the event that KINTO elects to repair the Vehicle instead of lodging a claim against our insurance policy, you agree that you will be responsible for paying the lesser of the amount of Insurance Excess or Reduced Insurance Excess (if selected by you at the time of Booking) and the amount of the cost of repair.
You acknowledge that KINTO’s insurance will only provide cover for you for any loss or damage if you are a Member, you are operating the KINTO Vehicle yourself, and you are not in breach of this Agreement.
If there is an accident or damage to the Vehicle, or if the Vehicle is lost or stolen, an amount equal to the Insurance Excess, or the Reduced Insurance Excess where applicable, will be debited from the Payment Card stored on file, upon your reporting or KINTO identifying any damage to the Vehicle or report the Vehicle missing.
If it is determined that you are not at fault (and not in breach of this Agreement) and we are able to recover the full amount of the claim from a third party, then we will refund the amount debited under clause 8.2(a) within 2 business days of the claim being settled.
If it is determined that you are partially or wholly at fault, we will refund the amount (if any) calculated as the amount debited under clause 8.2(a) less all charges associated with the repair of the Vehicle and a claims management fee.
You agree that you must obtain the contact details of the person who caused the accident including their name, telephone number, current residential address, driver’s licence, vehicle registration and their insurance details. You agree that you must provide us with honest, correct and complete information of an accident in a timely manner and assist us in every way in connection with any claim or legal action relating to the incident including immediately referring any communication from other parties to us so that we can respond on your behalf.
If you are involved in an accident or event relating to a claim, you must not:
arrange or authorise any repairs to the insured Vehicle;
admit liability or guilt;
make a promise or offer to settle or partly settle the matter or defend the matter; or
assign your rights in any insurance claim to a third party.
Your liability for any accident loss or damage will be limited to your obligation to reimburse us the amount of the Insurance Excess or if applicable the amount of the Reduced Insurance Excess, unless the Vehicle was:
in an unsafe or unroadworthy condition caused by you, or was carrying passengers or a load (including towing) in excess of that recommended by the Vehicle manufacturer, and this contributed to the loss or damage;
being hired out or used for fare or reward (including driving school instruction);
altered by modifications from the original manufacturer’s specifications by you;
being used or prepared for use in any form of motor sport or contest, experiments, tests, trials or demonstration purposes;
being used for any unlawful purpose, including the carrying of hazardous or inflammable goods in excess of that permitted by government regulation, unless you can prove that such use was without your knowledge or consent;
improperly or incorrectly fitted by you with any modification or accessory and this contributed to the loss or damage;
being driven by any person who was not a KINTO Member
being driven by a driver, who was not licensed to drive the Vehicle;
being driven by a driver under the influence of alcohol or with illicit drugs present or driven by a driver who had a blood alcohol level in excess of the limit permitted by law in the state or territory where the loss or damage occurred or being driven by a driver who refused to take a test to determine the level of alcohol or presence of drugs;
being driven by a driver after receiving advice from a medical practitioner not to drive, or whilst under the influence of prescribed medications that impair the ability to drive;
damaged as a result of your failure to take all reasonable steps to safeguard the insured vehicle from loss at all times;
damaged as a result of intentional loss or damage caused by you or anyone acting with your express or implied consent; or
damaged as a result of you or any other person continuing to drive the insured vehicle in a damaged state.
You agree that, if you are in breach of clause 2.1(b)(i) - (ii), (iv) - (vii), 7.1, 7.2, 8.2(d), 8.2(e) or 8.2(f), you will not be covered by our insurance policy and you will be liable for all liability, loss, damages, costs and expenses (including legal fees) incurred in connection with your use, possession or control of the Vehicle. This includes, but is not limited to, the cost of repair or replacement of the Vehicle, the repair or replacement cost of third party property and costs associated with injury to persons.
KINTO is not responsible to you or any third party for loss or damage to property left in the Vehicle. You are not covered by our insurance for theft or loss of property from the Vehicle.
You agree that both ourselves and our insurer reserve the right to recover any monies paid and may need to take action in your name and therefore you must co-operate with us and our insurer and give any information and assistance through to the completion of any action undertaken in your name.
9. Liability and Indemnity
You agree that KINTO will not be liable to you for any claim, liability, loss, damages, costs or expenses, whether direct, indirect or consequential, if we are unable to provide you with a Vehicle or we change or cancel your Booking or any third party circumstances mean you cannot access a Vehicle.
Subject to clause 9(d) and except as otherwise precluded by any law, KINTO’s aggregate liability under or in respect of this agreement whether in contract, tort (including negligence), statute or any other cause of action is limited to the value of the Booking.
You indemnify KINTO against any liability, loss, damage, compensation and costs and expenses in connection with your use of the Vehicle to the extent not covered by KINTO’s insurance.
KINTO indemnifies you against all loss suffered by you as a result of our fraud or negligence under this Agreement.
10. Suspension and Termination
KINTO may suspend or cancel your Membership at any time if:
you have received 3 infringement notices;
you had 2 at fault insurance claims;
your payment is late or dishonoured;
your Driver’s Licence has expired;
your Payment Card has expired or has been misused;
you have breached the terms of this Agreement, including a failure to pay fees or charges;
KINTO has provided you 14 days’ notice that we are cancelling your Membership, including because we have decided that the program will not be continuing. If KINTO cancels the program, you will be refunded any Membership Fees, if applicable, on a prorated basis; or
KINTO is notified by Police or other lawful authority that the Vehicle is being used in unlawful activity.
You may suspend your Membership by providing us with 14 days’ notice.
If your Membership has been suspended, any upcoming Bookings will be cancelled and you will not be able to make further Bookings until your Membership has been reinstated.
If your Membership becomes suspended during your Booking period and you do not return the Vehicle as directed, then unless restricted by law from doing so, KINTO may take reasonable steps to take possession of the Vehicle. You authorise KINTO to do so and will indemnify it on demand against any liability which arises.
Either party has the right to terminate this Agreement by notice in writing to the other party if the other party commits a breach of this Agreement and either:
the breach is material and not capable of being cured;
the breach is capable of being cured and the defaulting party fails to cure the breach within 7 days of being notified in writing of the breach by the party giving the notice; or
a breach occurs on more than one occasion.
If this Agreement is terminated, your Membership will also be simultaneously terminated. Termination shall not in any way prejudice or affect the obligations of either party in respect of acts or events prior to the date of termination.
The covenants, conditions and provisions of this Agreement which are intended or capable of having affect after the expiry or termination of this Agreement (including provisions relating to insurance, liability, privacy and disputes) remain in full force and affect following any expiration or termination of this Agreement.
KINTO reserves its rights to recover any amount owing by you to KINTO upon termination by you, or us due to your breach of this Agreement .
11. Website Use and Privacy
You will need to register or open an account with KINTO to use certain parts of the Website. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of our Website by anyone using your log-in details. If you become aware or suspect that your account has been accessed by an unauthorised person, you must take all reasonable steps to change the password to your account and notify KINTO immediately.
KINTO may suspend, terminate or block your access to all or any part of the Website at any time and without prior notice to you. KINTO may update and change the materials available on our Website, including by removing materials, at any time at our discretion.
All of the intellectual property rights in and to our Website belong to us and our licensors. You may not reproduce, distribute, modify, create derivative works, download, store, or transmit any of the material on the Website except as follows:
you may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and
you may store files that are automatically cached by your Web browser for display enhancement purposes.
Any use of the Website not expressly permitted by KINTO is a breach of this Agreement and may violate copyright trademark, and other laws. If you wish to use any material on the Website other than as expressly permitted, please send your request to: email@example.com.
You must not:
modify copies of any materials from the Website;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; and
you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage KINTO’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on KINTO’s behalf without our express written consent. You agree to cooperate with us to immediately stop any unauthorised framing or linking. KINOT reserves the right to withdraw linking permission without notice.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. KINTO will not be liable for any loss or damage associated with your use of the Website.
If you believe a dispute has arisen under this Agreement, you must give KINTO written notice specifying the nature of the dispute (Dispute Notice).
During the 15 business day period after a Dispute Notice is given (or any longer period agreed in writing by the parties), both parties must mutually use best efforts to resolve the dispute.
If the dispute is not resolved following the expiration of the 15 business day period, both parties must endeavour to jointly engage a mediator and endeavour to agree on the mediator’s terms of agreement.
If the parties fail to agree on the engagement of a mediator or the mediator’s terms of agreement within 15 business days of service of the Dispute Notice, either party may apply to the President of the Law Society of New South Wales to appoint a mediator.
You must bear your own costs of complying with clause 12. The parties must bear equally the costs of any mediator engaged under clauses 12(c) or (d).
Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a court.
We may vary this Agreement from time to time by giving you not less than 1 months’ notice.
Where KINTO varies this Agreement in accordance with clause 13(a) in a manner which is adverse to your use of your Membership, you will be entitled to terminate this Agreement by providing written notice to KINTO no later than 14 days before the change is due to take effect and your Membership Fee will be refunded on a prorated basis, if applicable.
This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.
A provision of this Agreement or a right created under it, may not be waived or varied except in writing, signed by the party or parties to be bound.
Nothing contained or implied in this Agreement creates any partnership, agency or trust. No party has any authority to bind another party in any way.
You must not assign or otherwise deal with your rights under this Agreement or allow any interest in them to arise or be varied without our consent. You agree that we may assign our rights under this Agreement in our discretion by notifying you in writing.
This Agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that place.
15. Interpretation and definitions
Headings are for convenience only and do not affect interpretation. Unless the contrary intention appears, in this document:
the singular includes the plural and vice versa;
a reference to “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation; and
a reference to a time of day is a reference to New South Wales time.
Agreement means this agreement together with any annexures or schedules and any documents incorporated by reference.
Booking means a booking made by you (or on your behalf with your consent), as a Member, to use a Vehicle, and accepted by KINTO by way of a booking confirmation email.
Booking Fee means the fee payable on each Booking, charged in accordance with the applicable hourly or daily fee (the Duration Fee), together with a charge per kilometre that the Vehicle is driven by the Member (the Distance Fee), if applicable, as varied by KINTO from time to time.
Concierge means an Extra service selected by you and provided by KINTO to deliver and/or collect the Vehicle at a location agreed with the Member.
Dispute Notice has the meaning given in clause 12.
DVS means the national online system that allows organisations to compare a person's identifying information with a government record. For further information please visit - https://www.dvs.gov.au.
Extra means an option selected by you when making the Booking such as Insurance Excess reduction, Concierge and One Way Trip.
Fee Schedule means the fee schedule listed in the KINTO frequently asked questions, which is available on www.kinto.com.au.
Initial Term has the meaning given in clause 1.
Insurance Excess means the amount of the excess payable on the insurance taken out by KINTO in the event of a claim against that policy. This amount is set out on www.kinto.com.au from time to time.
KINTO App means the mobile application through which you can view and book Vehicles.
KINTO means the program run by Toyota Finance Australia Limited which gives Members access to Vehicles by the hour or day in accordance with the terms of this Agreement.
Member means an individual that has been approved by us to use KINTO.
Membership means your membership to use KINTO.
Membership Fee means the fee charged by us for access to the KINTO services as stipulated on www.kinto.com.au and varied by us from time to time in accordance with the terms of this Agreement.
One Way Trip means an Extra service selected by you where you are unable to return the Vehicle to the designated parking space (i.e. the station where the Vehicle was initially collected) and you require KINTO to pick up the Vehicle from a location selected by the Member in the KINTO App.
Payment Card means a valid credit card or debit card nominated by you and approved for use by KINTO.
Reduced Insurance Excess means the reduced amount you are required to reimburse us, instead of the amount of the Insurance Excess, as set out on www.kinto.com.au from time to time.
Subsequent Term has the meaning given in clause 1.
Vehicle means Vehicles available for Booking through KINTO.
Website means www.kinto.com.au and includes the KINTO App.
You or Your means you as a Member.
KINTO Membership Agreement - Version March 2021