A breach of clause 13.2(d) is a Major Breach of the Rental Contract. See clause 11 for further details.
13.1 Personal Information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
(b) When We collect Your personal information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
13.2 Tracking Device and Dash Cam
(a) To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
(b) A Dash Cam may also be fitted to the Vehicle and may be accessed and used by Us in the event of an Accident or to monitor driving habits.
(c) Information from the Tracking Device and the Dash Cam may be used during and after the Rental Period. When You sign the Rental Agreement, You are authorising Us and consenting to the use of the Tracking Device and the
Dash Cam.
(d) You must not tamper with the Tracking Device or the Dash Cam or remove them from the Vehicle.
14 Definitions and interpretation
14.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage;
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use;
and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered and includes the additional amount for younger drivers that is payable pursuant to clause 7.3.
Dash Cam means the optical recording device installed in the Vehicle that operates from the time the Vehicle is started until the engine is turned off and may be used to record the driving route of the Vehicle or driving habits and may be accessed by Us or Our insurers.
End of the Rental means the date and time shown in the Rental Agreement when the rental ends and by which date and time the Vehicle must be returned to Us.
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen. Major Breach means a breach of any of the clauses described listed in clause 11.1.
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage to the Vehicle;
(b) Damage to any part of the pan tech or box section of a commercial Vehicle that is used for the carriage of goods or passengers; or
(c) Third Party Loss;
caused by:
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen
with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
PPSA means the Personal Property Securities Act 2009 (Cth).
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Security Deposit means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to clause 5.2.
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.
Tool of Trade means use of the Vehicle for excavating, digging, grading, scraping, drilling, lifting, pumping, spraying, vacuuming and other mechanical work, other than for:
(a) loading and unloading goods onto or from the Vehicle, by use of a crane mounted on the Vehicle;
(b) transit to, from, or within, a worksite; or
(c) transport or haulage.
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle. Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, tools, components, accessories, keys, keyless start or remote-control device, audio equipment, GPS Tracking Device, child restraints, tools, spare tyre and first aid kit (if fitted) and includes any replacement Vehicle.
We, Us, Our, means G R & C A Meredith Pty Ltd trading as Manly Rentals ABN 14 003 445 994.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.
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