TEKKOVA PTY LTD or Tekkova (hereinafter “we”, “our”, us reserve the right, based on sole discretion, to alter our Services or to alter the Terms at any time. If we alter the Terms, we will post the modification on our website. By continuing to access or use our Services after we have posted a modification, you are representing that you agree to be bound by the modified Terms. If the altered Terms are not acceptable to you, you should stop using and accessing the Services and close your account within 30 days, in which case the previous effective version of the Terms will apply to you, except you have used the Services during the intervening 30 day period, in which case the new Terms of Service will be applicable to you.
Our Services are intended for individuals who are 21 or older. Any use of the Services by anyone under 21 as of the time of current signup is expressly prohibited unless stated otherwise.
Tekkova does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. For taxation purposes you may request a payment summary from Tekkova and are accountable for doing your own taxations. You are not authorized to make any commitments on behalf of Tekkova and Tekkova will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement. By continuing forward with the listing process Car hosts agree that they are the sole owner of the vehicle or have the legal right to offer the vehicle for rental purposes. Hosts acknowledge that Tekkova is a marketplace that enables and facilitates peer to peer car share in terms of rental purposes and Tekkova does not take personal responsibility for negligence that may occur as a result of travellers not fulfilling their duties as stated in this agreement such as returning the car not as expected by the traveller. Certain fees and charges may apply in certain circumstances that will be paid out to car hosts in case of breech of this agreement by the traveller. Car hosts agree to appoint Tekkova to provide insurance, market the vehicle and oversee the rental process between a car host and traveller. This agreement is enforced once a Car owner has successfully listed their vehicles on the Tekkova platform.
To access or use certain features of the Services you will be required to sign up for an account with us (henceforth a “Tekkova Account”). Registration basically involves providing us your email address and creating a password or registering using a third-party social networking site account (“SNS”) such as Facebook and Google.
When you sign up to either list or book a vehicle, you will give us with certain information about yourself to help us to verify your identity so as to become an “Approved Driver or Car Host.” You promise to provide complete and correct information to us about yourself and your vehicle(s), if any. Where permitted, we have the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, including driving history and driver’s licence validity, but we do not guarantee any vehicle, user, or his or her background, or commit to undertake any specific screening process. Tekkova may in its sole discretion use third-party services to verify the information you give to us and to acquire additional related information and corrections where applicable and you hereby authorize Tekkova to request, receive, use, and store such information. Based on sole discretion, Tekkova may accept or reject your application to become an Approved Driver or Host.
When you apply to become an Approved Driver/traveller or Host, you are granting Tekkova written instructions and authorization in line with applicable consumer reporting laws, or any similar laws, to obtain your personal and/or business auto insurance score, credit report and/or administer a background check, even a criminal background check where permissible under applicable law. Also, you are authorizing Tekkova to acquire your personal and/or business auto insurance score, credit report or conduct a background check at any time Tekkova reasonably believes there may be an increased level of risk regarding your Tekkova Account.
You agree to update the information you have provided to Tekkova in the event of any modifications to your driving record, contact information, or background. Particularly as regards to your contact information, Tekkova may send notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be deemed valid even if you no longer have access to or use the email account, telephone number, or receive mail at that address except you provide updated contact information to us. Also, you are entirely responsible for any activity that happens via your account, so ensure you keep your password and account information secure. You guarantee that you will not disclose your password to any third party and that you will take complete responsibility for any activities or actions under your Tekkova Account, whether or not you have authorized such activities or actions. You will promptly notify Tekkova of any actual or suspected unauthorized use of your Tekkova Account. We are not responsible for your failure or inability to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.
Tekkova expects travellers to handover and drop off the vehicle in the same condition as it was picked up. Our fee policies are in place to have a fair marketplace to look after both the host and traveller. Travellers are responsible for paying all fees if they apply either upon, during or after the return of the vehicle. These fees may apply only if applicable but not limited to traffic infringements, Parking fines, tolls, fuel, late return, late cancellation within 1-12 hours from scheduled pick up date and time unless it occurs due to unforeseen circumstances such as flight delays, exterior cleaning, interior general cleaning, interior smoke odour removal, pet hair removal, excess mileage and an extension request within 1-12 hours before scheduled return of the vehicle if the vehicle has been booked by another traveller on the scheduled return date. For all the above mentioned points photographic evidence is necessary to be provided to Tekkova at the time of claim by the car host however claims such as smoke odour removal fees will be paid to the assigned cleaning company and not the host. Tekkova chooses not to charge any amount of bond as security deposit for certain vehicles however car hirers are liable for any charges that may occur during the trip or use of the vehicle. Travellers will be notified before any applicable charges that may be deducted from their nominated credit card, credit card fees of between 1 to 3% may apply for any transactioned performed on Tekkova including all bookings. If Tekkova is unsuccessful in obtaining any overdue amount, Tekkova may choose to involve debt collectors at the discretion of Tekkova. Booking fees, subjected to credit card fees, must be paid right away when you send request to book a car and once it is accepted by the car Host. You can view all our fees and charges on our website. Please note that admin charges may apply for certain fees. You authorize Tekkova to charge any payment methods or stored payment credentials associated with your account for all amounts due, including but not limited to, security deposits, processing fees, fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you or Tekkova have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, parking fees, towing fees on non-mechanical tows) incurred during the reservation period. If a car is towed away by law enforcement due to the traveller or their passengers using the vehicle in an illegal/ hoon manner on public roads, Tekkova may choose to cancel your account and all legal costs, damages, towing, parking fees will apply to the driver or the Tekkova account holder responsible. Towing fees may also apply in other circumstances such as the traveller losing the keys and a $400 key replacement fee will apply.
You guarantee that you will always use your account and the Services in accordance with the Terms, applicable law, and any other policies and standards provided to you by Tekkova.
As a vehicle owner or host (henceforth “host, users, vehicle owner, car owner”), you accept that your vehicle meets our Listing criteria as agreed at the time of the Listing process and you will make available a safe and legally registered and insured vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, on time to the traveller or guest who is an Approved Driver (henceforth “guest, users, traveller, hirer”). Not agreeing with the Listing process will not enable you to move forward, make an account with Tekkova and to list your vehicle or vehicles. For more information on the listing criteria refer to the ‘Vehicle road worthiness’ section of this Agreement.
Tekkova is a marketplace and we give the right to our hosts to decide who they wish to hire out their vehicles to. Tekkova hosts are encouraged to check the validity of traveller’s driver licence as well as establishing the identity of hosts expressing interest in booking a vehicle as part of Trust and Safety commitment to our Hosts and Travellers. If a Host uses driver’s licence details of a traveller for other reasons as mentioned above, Tekkova and travellers may choose to take legal action at their discretion.
As a guest, you agree that you’ll be a legally licenced driver, who will treat the vehicle well and will take all rational measures to return the vehicle on time in basically the same condition that you received it.
We advise our hosts not to have their vehicle detail cleaned as in by a professional third party car detailing company, travellers returning your vehicle are not expected to spend the same amount of cost on a car detail before returning it back to you.
In line with your access to or use of the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Tekkova has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law. Tekkova may access, preserve, and disclose any of your information if we are permitted or mandated to do so by law; if we believe in good faith that it is rationally necessary to respond to claims declared against Tekkova or to comply with permissible legal process (for example, subpoenas or warrants); to implement or conduct the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Tekkova, its employees, its users, or members of the public. At any time, Tekkova reserves the right, without prior notice, in line with applicable law, to remove or disable access to any content that we, based on sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. By signing up you also agree that any false or misleading information provided will void or cancel your membership with Tekkova as well as void any car insurance that may be provided to you either as a host or traveller by Tekkova partners.
You agree that, except to the extent inconsistent with or pre-empted by federal law, the Australian federal and state laws will govern these terms.
You and Tekkova each agree that any and all disputes or claims that have arisen or may arise between you and Tekkova (including its respective subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Tekkova’s Services (such as listing or sharing a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU AND TEKKOVA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TEKKOVA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed against Tekkova; prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Tekkova. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Tekkova, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms.
If a dispute arises between you and Tekkova, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Tekkova agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in line with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The laws of Australia shall govern this Agreement and any dispute or claim you have against Tekkova in all respects. All Tekkova in Australia agree that any claim or dispute you may have against Tekkova must be resolved by a court located in Australia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Australia for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Aus$15,000, the party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration and the other party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You hereby acknowledge that Tekkova may use the Images of your vehicle for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all rights to royalties or moral rights you may have in the Images. We may do this to generate a higher level of awareness of your vehicle to potential hirers.
Tekkova may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-write-off, non-salvaged/non-branded/non-washed) title, not subject to any applicable safety recalls, and otherwise all vehicles must satisfy our eligibility requirements at the time of listing such as vehicles being registered, having insurance, being roadworthy, not being a write off, being a model year between 2013 and above as well as having an odometer reading of no more than 150,000 in kilometres. Car owners must also ensure that their listed vehicles are well maintained, serviced as scheduled and recommended by the vehicle manufacturer. Vehicle needs to be available 3 days a week or more, Availability days of the vehicle does not have to be consecutive.
Subject to your compliance with the requirements of these Terms, Tekkova grants you a limited, revocable, non-exclusive, non-transferable licence, to access and view any Tekkova content solely for your personal and commercial purposes such as booking vehicles listed to be hired out by Uber drivers and access and view any user content to which you are permitted access, solely for your personal and Uber purposes and not any other form of commercial purposes. You have no right to sublicence the licence rights granted in this section. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tekkova or its licensors, except for the licences and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Tekkova promotional campaigns, you hereby grant to Tekkova a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicence, to use, view, copy, adapt, modify, distribute, licence, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Tekkova does not claim any ownership rights in any such content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
You must be a user in good standing (not suspended), comply with our Terms and the promotion rules to qualify for any promotional discounts. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Tekkova community. Guests and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot allow acquaintances, friends, or family to book their vehicle so as to be eligible for promotions. Hosts by listing their vehicles on Tekkova agree that if deemed necessary Tekkova from time to time may choose to offer discounts in order to boost booking rates and that may reduce host’s potential earnings however hosts will be notified if their booking has come through our discounted promotions.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act 1968 and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can submit an email to us through our Contact us page.
During the applicable reservation period, Tekkova, or third parties acting for the mutual benefit of Tekkova and our users, will provide certain comprehensive and collision protection for the vehicle however Tekkova or our partners do not accept any liability for bodily injury/death or property damage that may be caused by a traveller whilst having a Tekkova listed car in their possession however in case of bodily harm caused by the use of the vehicle travellers are covered by the statutory schemes for transport accident compensation across Australia in respect to each state and territory. If an accident or damages occurs either to the vehicle or third party property whilst the traveller is under the influence of drugs or alcohol the traveller is responsible for all the costs and legal fees associated with the incident and they will not be protected to any extent by Tekkova’s vehicle insurance or protection plan. Tekkova protection plan does not cover any losses of personal goods or possessions that may occur as a result of theft during the hire period or goods that have been either left behind or forgotten in the car. Tekkova protection plan also does not cover damages to the vehicle as a result of flooding of water to the engine where a traveller has crossed a ditch filled with water or damages to underneath the car caused by speed humps or pot holes. You understand and agree that an excess fee or damage liability fee of up to $500 may apply in the event of an accident and the liability fee will be refunded back to you if you are not deemed to be at fault. Tekkova does not claim any responsibility for the condition of the vehicle either mechanical or cosmetic wise as a result of this Tekkova may not be responsible for any vehicle that may not meet the expectation of our travellers. It is the responsibility of our hosts to ensure that their vehicle meets the listing criteria of Tekkova. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the guest. In some cases hosts may provide their own insurance and as a result of that they may increase their earning potentials. Tekkova is currently working with our insurance partners to have our hosts and their vehicles protected however in order to accomplish this Tekkova first of all needs a list of vehicle owners that need insurance protection for their vehicles. Tekkova will not commence or allow for bookings to take place unless we have provided our car hosts with insurance on their vehicles beforehand.
You may discontinue your use of the Services at any time and Tekkova may terminate your access to the Services and remove any listings for any reason or no reason to the maximum extent permissible under applicable law. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Tekkova may keep and continue to use any information, including but not limited to photography, previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
Unless as otherwise provided herein, guests and hosts warrant that nothing in these Terms establishes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Tekkova Services.
Tekkova provides services that enable vehicle sharing between hosts and guests. Except as otherwise provided in these terms, Tekkova does not itself provide insurance services and is not responsible for any of the acts or omissions of any of the users of its services, the vehicle manufacturer, or any third party provider of services (e.g. in-vehicle Gps or other systems). The services are provided “as is”, without warranty of any kind, either express or implied. to the extent permitted by applicable law, without limiting the foregoing, Tekkova explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Tekkova vehicle will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tekkova makes no warranty regarding the quality of any listings, vehicles, hosts, guests, the services, or any content or the accuracy, timeliness, completeness, or reliability of any content obtained via the services. no advice or information, whether oral or written, obtained from Tekkova or its service providers or via the services or content, will create any warranty not expressly made herein. Tekkova reserves the right to enable bookings at its own discretion upon having enough cars listed to have the platform running.
To the extent permitted by applicable law, you waive any and all rights you have to sue or make claims against Tekkova and its respective subsidiaries, directors, officers, agents, or employees (the “Tekkova parties”) and any Tekkova user for any damages or losses arising out of or in line with your use of the services including, with no limitation to, a vehicle not being available when it was ought to be, any malfunction of or deficiency in a vehicle, any violation of warranty or other obligation by any manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers and, in the case of the Tekkova parties, any actions or inaction of the host. neither Tekkova nor any other party involved in creating, producing, or offering services will be liable for any incidental, special, exemplary, or consequential damages, such as lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, from the use of or inability to use the services, or from your listing or booking of any vehicle through the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory. Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under an insurance package or applicable insurance policy, in no event will Tekkova or its insurer’s aggregate liability resulting from or in line with this Agreement or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings through the services as a guest. Tekkova is not liable for any claims that are out of control of Tekkova or our insurance partners such as cancellations by our hosts. The limitations of damages set forth above are essential elements of the basis of the bargain between Tekkova and you. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not be applicable to you. PLEASE NOTE THAT THE ABOVE MENTIONED POINTS DO NOT INCLUDE INCIDENTS OR DAMAGES THAT MAY HAVE BEEN CAUSED BY A TRAVELLER TO THE VEHICLE OF THE HOST DURING A TRIP. To the extent permitted by applicable law, you waive any and all rights you have to sue or make claims against any Tekkova user for any damages or losses arising out of or in line with your use of the services unless (1) you are a host who has declined an insurance package via Tekkova and are making a claim against a guest who booked a vehicle for which you opted to offer your own commercial/rental insurance or protection to the guest; or (2) you are a guest who booked a vehicle from a host who opted to decline an insurance package through Tekkova and opted to offer insurance or protection directly to you and you are making a claim against that company/host.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Tekkova and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or trip, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, or use of a vehicle.
You accept that the actual damages likely to result from engaging in gray market transactions (i.e., using Tekkova to find a guest or vehicle, and then completing a reservation or related transaction partially or wholly independent of Tekkova, in order to circumvent the obligation to pay any Tekkova Fees) are difficult to estimate and would be difficult for Tekkova to prove. You will pay Tekkova AUS$5,500 in Liquidated Damages to compensate Tekkova for any such conduct. This amount is not intended as a punishment for any such breach. Tekkova does not own a fleet of vehicles. Tekkova is in the business of providing an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves in according with these Terms.
Tekkova may, in its sole discretion, round up or down amounts that are payable from or to Owners or Travelers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, pound, or other supported currency) where permissible under applicable law.
This Agreement declares the entire understanding between you and Tekkova concerning your access to and use of the Tekkova Services and supersedes any earlier verbal or written communications between us. Except for appointing a custodian to manage your vehicles on your behalf, you may not assign your legal obligations or transfer any of your rights, in part or in whole, to any third party without advance written permission of the Tekkova. If any provision of this Agreement is proven to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Tekkova Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. Tekkova’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Tekkova may have. There is personal vehicle sharing legislation that may be applicable to you. Headings used herein are for the sake of reference only and do not limit the scope or extent of each Section of the Terms. Unless as otherwise stated in this Agreement, if any provision of these Terms of Service is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. If you have any questions about these terms or our services, kindly reach out to us through our Contact Us page.Last updated on 24/03/2021