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2025 PBC BABY Expo Sydney

Terms & Conditions and Privacy Collection Notice

TERMS AND CONDITIONS

All sections and information in this document form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions on the part of the participant and their parent/guardian (where applicable).

 

Schedule to Entry Conditions

Item

Subject

Details


1


Promoter


Name:       Hyundai Motor Company Australia Pty Limited

ABN:         58 008 995 588

Address:    Cnr 394 Lane Cove Road & Hyundai Drive

                   Macquarie Park NSW 2113

Phone:       1800 186 306

(“Promoter” or “Hyundai”)

 


2


Who may enter?


Entry is only open to persons who meet all the following criteria: 

(i)          residents of New South Wales;

(ii)         aged 18 years or over;

(iii)        hold a full unrestricted Australian motor vehicle driver’s licence; and

(iv)        are willing, ready and able to satisfy all entry requirements at the times and dates set out in these Terms and Conditions.

Employees (and their immediate families) of the Promoter and its contractors and agencies associated with the promotion are ineligible to enter. “Immediate family” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

 

 

3

 

Promotional Period

 

The promotion starts at 10:00 am AEDT on Saturday 1st February 2025 and closes at 4:00 pm AEDT on Sunday 2nd February 2025 (“Promotional Period”).

 

 

4

 

(a)

 

How to enter?

 

To enter, eligible entrants must, during the Promotional Period, scan their PBC BABY Expo entry ticket at the designated scanner at the Hyundai stand at the Sydney Showground, Grand Parade, Sydney Olympic Park NSW 2127.  Entry to the promotion is free.

 

 

(b)

 

Maximum number of entries

 

A maximum of one (1) entry is permitted per person.

 

5

 

(a)

 

Prize

 

There is only one (1) Prize to be won and there can only be one (1) winner. 

The Prize consists of:

1.     1 Accommodation Voucher: The accommodation voucher covers the cost of 2-nights accommodation at voco™ Kirkton Park Hotel Hunter Valley in a King Grand with Valley View Room with Breakfast valued at $750. This voucher can only be used at voco™ Kirkton Park Hotel Hunter Valley.   Subject to availability, bookings may be made Monday to Sunday, excluding NSW Public Holidays and concert weekends. This voucher can only be used to book two consecutive nights’ stay.  This voucher must be used within 12 months from the date of issue.  This voucher is valid for stays in a King Grand with Valley View Room only, which accommodates a maximum of two adults. Winner must present this voucher on arrival at voco™ Kirkton Park Hotel Hunter Valley at check-in. This voucher cannot be redeemed for cash, is non-refundable, and non-transferable. Other terms and conditions may apply. The winner is responsible for complying with the hotel’s policies and terms of stay.  The Promoter is not responsible for any costs incurred by the winner, including travel, meals, and incidental expenses, apart from the costs explicitly specified in these terms and conditions. Advanced booking is required. Please contact voco™ Kirkton Park Hotel Hunter Valley directly to book by calling (02) 4998 7680.   

2.     1 Vehicle Loan: Vehicle loan of one (1) Hyundai SANTA FE Calligraphy or equivalent (subject to availability) for two (2) nights valued at $450 (value estimated based on an average 2-night loan of a Hyundai SANTA FE Calligraphy from a reputable rental companies) including on road costs (including dealer delivery charges, stamp duty, registration and comprehensive insurance) for use by the winner on the weekend stay at voco™ Kirkton Park Hotel Hunter Valley), subject to a Vehicle Loan Agreement being completed prior to collection of the vehicle – see Schedule A. Additional insurance, petrol and all other ancillary costs are the responsibility of the winner.   

3.     1 Fuel Voucher: a $100 fuel voucher for use by the winner for the Hyundai SANTA FE Calligraphy or equivalent loaned under point 2 above during the weekend stay at voco™ Kirkton Park Hotel Hunter Valley.

No bonus prizes are available.

 

 

(b)

 

How winners are determined

 

Winner will be determined by having their named entered into a random draw conducted by Rafflys by AppSorteos generator at 11:00am AEDT on Wednesday 5th February 2025. By entering into this promotion, entrants consent to the Promoter disclosing its name to Rafflys by AppSorteos for the purpose of conducting the random draw.

This promotion is a game of chance and chance plays a part in determining the winner/s.

 

 

(c)

 

Maximum value of prizes

 

Maximum value of prize: $1,300.

 

 

(d)

 

Prize redemption

 

Prize must be redeemed within three (3) months of the winner being notified by the Promoter. The winner must redeem the Prize by emailing events@hyundai.com.au.

 

No costs are associated with claiming the Prize.

 

 

6

 

Winner notification

 

The winner will be notified by phone and email on Friday 7th February 2025.

Entrants consent to being contacted by the Promoter (or its nominated prize agent) to allow the Promoter to notify the winner that they have won the Prize and to allow the winner to accept and redeem the Prize.

 

 

7

 

Winner publication

 

The name and suburb of the winner will be published on the Promoter’s social media channel, Instagram, on Wednesday 12th February 2025.

By entering the promotion, entrants agree and consent to the Promoter publishing their name and suburb on the Promoter’s Instagram page.

 

 

8

 

Redraw or redetermination of winner

 

If Prize is not claimed by the winner within three (3) months of the date the winner’s name and suburb is published on the Promoter’s Instagram account, the Prize is forfeited. There will be no further redraws.

 

 

9

 

Permit numbers

 

Not applicable.

 

 

10

 

Additional terms

 

The Promoter reserves the right, at any time to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details, contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.

If there is a dispute regarding any aspect of this Promotion, the entrant must contact the Promoter using the Promoter’s address contained in these terms.  The Promoter will take reasonable steps to assess the dispute based on any facts or evidence presented to it and to respond to it fairly within a reasonable time of the entrant notifying the Promoter of the dispute. Disputes regarding the identity of an entrant will be determined in accordance with clause 2.6 of these terms.

 

1  ENTRY

1.1      Entry is only open to those persons specified in Item 2 of the above Schedule to Entry Conditions (“Schedule”).

1.2      To enter, eligible entrants must follow the instructions specified in Item 4(a) of the Schedule.

1.3      Entrants must not enter more than the number of times specified in Item 4(b) of the Schedule.

1.4      All entries must be received by the Promoter by or in the period indicated in Item 4(a) of the Schedule. Entries are deemed to be received at the time the Promoter receives the entry in its promotion database, and not at the time of transmission by the entrant.

1.5      The Promoter may, at any time, verify the validity of entrants and entries (including an entrant’s identity, age, place of residence and whether they hold any driver’s licence required to enter this promotion). Entrants must fully cooperate with the Promoter in connection with such verifications.

1.6      The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. However, the Promoter may (but is not obliged to) at its discretion accept an entry which contains errors or omissions.

1.7      All costs with entering this promotion (including without limitation, costs in accessing any website) is the entrant’s responsibility.

1.8      If this promotion involves the entrant participating in any physical or sporting activity, the entrant acknowledges and agrees that:

(a)      the entrant is fit, in good health, and not aware of any reasons that may harm or endanger their health by participating in such activities. Without limitation, the entrant warrants and agrees that at the time they participate in the activities, they will not be pregnant, under the influence of drugs or alcohol, and will not have any heart condition, abnormal blood pressure, epilepsy, pre-existing injury or any other medical condition that might make it unsafe for them to participate in the activities;

(b)      the entrant may be required to undertake tasks that may be physically challenging and may involve risks of injury, illness or death, some of which may be obvious and others that may not be obvious;

(c)      the entrant may be required to sign an indemnity form (with content that the Promoter determines in its discretion) before participating in the activities, and if they refuse to sign the indemnity form, this will disqualify the entrant and the Promoter may select another person to replace the entrant at its sole and absolute discretion;

(d)      the Promoter will not be responsible or liable for any personal injury, illness or death caused to the entrant or any other person in connection with the entrant’s participation in the activities; and

(e)      the entrant must conduct themself in an appropriate manner and follow the Promoter’s instructions and all venue rules and regulations at all times.

1.9      If this promotion involves the entrant submitting any photographs, images, films, recordings, footages, videos, sms or mms messages, testimonials, comments, artistic works, literary works, information, materials or documents to the Promoter (“Content”) then the entrant agrees that:

(a)      the entrant must not submit any Content that is unlawful, fraudulent, defamatory, offensive. obscene, derogatory, discriminatory. pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 15 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving rise to a civil liability or otherwise unsuitable or inappropriate;

(b)      the entrant must not submit any Content that breaches or may breach any intellectual property, privacy, publicity or other rights;

(c)      the Content is the entrant’s own original independent creation and does not include any third party’s intellectual property or infringe any third party’s intellectual property rights;

(d)      the entrant is fully responsible for the Content. The Promoter will not be liable for the Content or its use in any way;

(e)      before submitting the content, the entrant has obtained or obtains the consent of all persons who appear in the Content to in relation to the use of the Content for this promotion;

(f)       the Content has not been published previously or used in any other promotion;

(g)      the Content will not contain viruses or cause injury or harm to any person or entity;

(h)      the entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems;

(i)       the Promoter may review all Content and may at any time reject, remove or take down any Content (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the Content not to comply with any of these Term and Conditions;

(j)       the entrant must comply with all requests by the Promoter to remove, take down or edit any Content;

(k)      unless clause 1.10 applies, the entrant grants the Promoter, its affiliates, agencies and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the Content for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the entrant’s moral rights. Entrants warrant that they have full authority and rights to grant such rights to the Promoter.

(l)       the entrants must not assert any moral rights in connection with the Content;

1.10   If the Promoter requires, all title and property in any Content will be transferred from the entrant to the Promoter and the entrant will not be entitled to any compensation for such transfer.

 

2  PRIZES

 

2.1      The prizes in this promotion include the prizes set out in Item 5(a) of the Schedule. The entrant agrees to any terms relating to the prizes set out in Item 5(a) of the Schedule.

2.2      Prize winners will be selected in accordance with the method set out in Item 5(b) of the Schedule.

2.3      Prize winners will be notified in accordance with the terms set out in Item 6 of the Schedule, and their names and/or suburbs will be published in accordance with the terms set out in Item 7 of the Schedule.

2.4      The entrant must ensure they provide their correct contact details to the Promoter, and to notify the Promoter of any changes to their contact details before the date and time for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided by an entrant.

2.5      If a winner is under 18 years, the Promoter may award the prize to the winner’s parents/guardian on the winner’s behalf.

2.6      If the Promoter requests, the winner (and any parent or guardian of the winner) must provide the Promoter with proof of identity before being eligible to claim a prize. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

2.7      If any prize or portion of a prize is unavailable, the Promoter may at its sole and absolute discretion substitute the prize or portion of that prize with a prize of equal value and/or specification, subject to any directions form any regulatory authority, if applicable.

2.8      The maximum prize pool value is set out in Item 5(c) of the Schedule. The Promoter accepts no responsibility for any variation in the total prize value or any individual prize value.

2.9      Prizes or any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless the Promoter agrees otherwise in writing.

2.10   Prizes are awarded subject to the standard terms and conditions of individual prize and service providers.

2.11   Any ancillary costs associated with redeeming a prize (including without limitation, transportation costs) are not included and are the responsibility of the winner.

2.12   The entrant agrees to the terms concerning (if applicable) redraws and redetermination of winners set out in Item 8 of the Schedule.

2.13   These Terms and Conditions and any promotional materials connected with this promotion do not include by implication any term, condition, representation or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, image, manufacture, design or performance of any of the prizes, to the fullest extent permitted by law.

 

3  PRIVACY

 

3.1      The Promoter collects the entrant’s personal information to conduct this promotion and may, for this purpose, disclose such information to third parties, including without limitation, to its agents, contractors, affiliated entities, service providers, prize suppliers and Australian regulatory authorities.

3.2      The Promoter may, for an indefinite period, unless otherwise advised by the entrant, use the entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any opt out, access, update or correct information request to the Promoter. A copy of the Promoter’s privacy policy can be viewed at http://www.hyundai.com.au/privacy.

3.3      Entrants consent to the Promoter using their name, suburb of residence, photo, likeness, image, voice, recording, film and/or footage in any media for an unlimited period without remuneration to promote this promotion (including any outcome), and promote any products and services that the Promoter supplies or distributes.

 

4  SOCIAL MEDIA

4.1      If the entrant is required to enter this promotion using a Facebook, Twitter, YouTube, Instagram or any other social media website, the entrant agrees:

(a)      to comply with (where applicable) Facebook’s, Twitter’s, YouTube’s, Instagram’s and any other social media website’s terms and conditions in relation to promotions, including (as applicable) Facebook’s Statement of Rights and Responsibilities, Twitter’s terms of service, YouTube’s terms of service and Instagram’s terms of use;

(b)      that this promotion is in no way sponsored, endorsed or administered by, or associated with (where applicable) Facebook, Twitter, YouTube, Instagram or any other social media website (unless otherwise specified); and

(c)      that any questions comments or complaints about this promotion must be directed to the Promoter and not to (as applicable) Facebook, Twitter, YouTube, Instagram or other social media website.

 

5  GENERAL

 

5.1      All of the Promoter’s decisions in connection with this promotion are final and binding, and no correspondence will be entered into regarding the decisions. All decisions are made at the sole and absolute discretion of the Promoter.

5.2      Entrants agree to indemnify and keep indemnified the Promoter against all losses, costs, expenses, damages or liabilities that the Promoter suffers or incurs or is likely to suffer or incur, and against all claims, demands, proceedings, suits and actions against the Promoter in connection with an entrant’s breach of any of these Conditions.

5.3      Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

5.4      The Promoter may at its sole and absolute discretion and to the full extent permitted by law:

(a)      invalidate any entry;

(b)      disqualify any entrant; and/or

(c)      modify, suspend, terminate or cancel the promotion, as appropriate,

for any reason the Promoter deems appropriate at its discretion, including without limitation if:

(d)      any entry does not comply with any of these Conditions, is incomplete or indecipherable, or is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents;

(e)      any entrant does not comply with these Term and Conditions or tampers with the entry process;

(f)       the promotion is not capable of being conducted as reasonably anticipated;

(g)      any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;

(h)      any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or

(i)       any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion.

5.5      To the extent permitted by law, the Promoter (including its respective officers, employees, directors, contractors, agents and affiliated entities) is not responsible for and excludes all liabilities  (including exclusion of all liabilities for negligence, personal injury, illness and death of any person), losses, expenses, damages, costs, claims, demands, proceedings, actions and suits (whether or not direct, indirect, special, consequential) arising as a result of or in connection with any of the following:

(a)      any technical difficulty, equipment malfunction, problem with networks or communication lines, traffic congestion, infection by computer virus or bug, bad weather or act of God occurs;

(b)      any theft, fraud, unauthorised, unexpected or third party access, interference or intervention occurs; and/or

(c)      any act, omission, failure or delay occurs which is not reasonably within the Promoter’s control, or which corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion;

(d)      entry or prize claim that is late, lost, altered or damaged, whether or not due to the Promoter’s act, omission or fault;

(e)      variation in prize value to that stated in these Terms and Conditions;

(f)       entrant’s or other person’s participation in this promotion;

(g)      damage caused to any prize in transit before the prize winner takes possession;

(h)      tax liability incurred by a winner or entrant;

(i)       use or misuse of the prize;

(j)       invalidation of any entry;

(k)      disqualification of any entrant; and/or

(l)       any cancellation, termination, modification or suspension of this promotion.  

5.6      If any Hyundai vehicle is to be loaned to an entrant or winner, such loan is subject to the Promoter’s standard terms and conditions in relation to vehicle loan arrangements. The entrant or winner must sign any document or agreement that the Promoter requires before accepting and using the loan vehicle (including any deed of release and indemnity). Without limiting the terms in the vehicle loan agreement, the entrant or winner agrees that:

(a)      the vehicle must be collected and returned at a time and to a location the Promoter requires; and

(b)      the entrant or winner will be responsible for all fuel costs and traffic infringement fines, penalties and tolls incurred during the loan period.

5.7      The entrant must comply with all additional terms set out in Item 10 of the Schedule.

5.8      Where applicable, the permits/licences issued for the conduct of this promotion are set out in Item 9 of the Schedule.

 

Schedule A

Vehicle Loan Agreement

Details

Date of this Agreement

 

Hyundai

Company Name

Hyundai Motor Company Australia Pty Limited

 

ACN

008 995 588

 

ABN

58 008 995 588

 

Address

Cnr 394 Lane Cove Road & Hyundai Drive

Macquarie Park NSW 2113

Borrower

Company or Person Name

 

 

ACN (for company)

 

 

ABN (for company)

 

 

Address

 

 

Telephone

 

 

Email

 

Vehicle

Model

 

 

Variant

 

 

Colour

 

 

Registration no.

 

 

Registration expiry date

 

 

VIN/Chassis no.

 

Start Date

Date of this Agreement

End Date

 

Acceptance

Executed as an agreement

(incorporating the attached Terms and Conditions)

Signed for and on behalf of Hyundai by its authorised officers: 

Signed for and on behalf of Borrower by its authorised officers: 

 

 

                                                                                     

Signature of authorised officer

 

                                                                                           
Name of authorised officer

 

                                                                                           
Position of authorised officer

 

 

                                                                                     

Signature of authorised officer

 

                                                                                           
Name of authorised officer

 

                                                                      
Position of authorised officer

 

 

 

                                                                                     

Signature of authorised officer

 

                                                                                           
Name of authorised officer

 

                                                                                           
Position of authorised officer

 

 

 

                                                                                     

Signature of authorised officer

 

                                                                                           
Name of authorised officer

 

                                                                                           
Position of authorised officer

 

       



Vehicle Loan Agreement – Terms and Conditions

1 Application

1.1 This Agreement is made between Hyundai and Borrower on the Date of this Agreement and is made up of the Details and these terms and conditions.  

1.2 Hyundai will loan the Vehicle to Borrower on the terms and conditions of this Agreement.  

1.3 Borrower agrees to loan the Vehicle from Hyundai and where applicable, pay the specified charges on the terms and conditions of this Agreement.  

2 Definitions and interpretation

2.1 In this Agreement:  

Authorised Drivers means all employees of Borrower issued with a current valid Australian drivers licence (not being a learner’s licence or provisional licence) to drive the Vehicle and who the Borrower authorises to drive the Vehicle.  

Borrower means the party identified as “Borrower” in the Details.  

Business Day means a weekday that is not a public holiday or bank holiday in New South Wales.  

Claim means any cost, expense, loss, damage, claim, action, proceeding or other liability (whether in contract, tort or otherwise), however arising and includes legal costs on a full indemnity basis.  

Date of this Agreement means the date identified in the “Date of this Agreement” section of the Details.

Details means the section of this Agreement called “Details”.  

End Date means the “End Date” specified in the Details.  

GST Law means A New Tax System (Goods and Services Tax) Act 1999.  

Hyundai means the party identified as “Hyundai” in the Details.  

Insurance means any comprehensive insurance policies Hyundai holds with respect to the Vehicle and any policies of liability insurance Hyundai holds for Borrower’s and Authorised Driver’s liability to third parties for damage to the property of any third party which is caused by the legal use of the Vehicle by Borrower or an Authorised Driver.  

Manufacturer’s Specifications means the specifications of Hyundai as set out in the Vehicle’s operations manuals located in the glove compartments of the Vehicle.  

Saleable Condition means the same condition as the Vehicle is at the date Borrower takes possession or accepts delivery of the Vehicle, subject to reasonable fair wear and tear, as Hyundai determines in its discretion.  

Start Date means the “Start Date” specified in the Details.  

Term means the period beginning on the Start Date and ending on either the date that Borrower returns the Vehicle to Hyundai in accordance with this Agreement or the date either party validly terminates this Agreement.  

Vehicle means the vehicle specified in the Details and includes their parts, components, keys, remote opening devices, and any accessories and contents Hyundai supplies with the Vehicle, and includes any replacement Vehicle/s Hyundai may (but is not obliged to) provide under this Agreement..  

2.2 Unless the context requires otherwise, in this Agreement:  

(a) words in the singular include the plural and vice versa;  

(b) a reference to a statute, regulation, ordinance or by-law will be deemed to include a reference to all statutes, regulations, ordinances or by-laws amending, consolidating or replacing same from time to time;  

(c) headings are for convenience only and do not affect the interpretation of this Agreement;  

(d) the meaning of general words is not limited by specific examples introduced by "including" or "for example" or similar expressions;  

(e) references to persons include bodies corporate, government agencies and vice versa;  

(f) references to the parties include references to respective directors, officers, employees, agents of the parties;  

(g) dollars or $ is to an amount in Australian currency;

(h) nothing in this Agreement is to be interpreted against a party solely on the ground that the party put forward the Agreement or any part of it; and  

(i) where an expression is defined, any other grammatical form of that expression has a corresponding meaning.  

3 Term of Agreement & return of Vehicle

3.1 Hyundai will loan the Vehicle to Borrower for the Term, subject to the terms in this Agreement.  

3.2 The Borrower agrees to pick up the Vehicle on the Start Date at Hyundai’s Head Office, Cnr 394 Lane Cove Road & Hyundai Drive Macquarie Park NSW 2113, and return the Vehicle on the End Date to Hyundai’s Head Office, Cnr 394 Lane Cove Road & Hyundai Drive Macquarie Park NSW 2113.  

4 Borrower’s Obligations

4.1 Borrower must:

(a) ensure that each Authorised Driver takes all reasonable measures to prevent the Vehicle from being damaged or stolen, but if the Vehicle is damaged, stolen or involved in any accident (whether or not because of the Authorised Driver's fault) (each event an "Incident"), Borrower must:  

(i) promptly report the Incident to Hyundai and the local police (if required by law);  

(ii) if Hyundai does not have indemnity under its policies of Insurance for that Incident, indemnify Hyundai from and against all losses, claims, proceedings, demands, actions, liabilities, damages, costs and expenses which Hyundai suffers or might suffer; or  

(iii) if Hyundai does have indemnity under its policies of Insurance for that Incident and the Incident is attributable to the Authorised Driver's fault in any way, reimburse Hyundai for the excess or deductible payable under the policies of Insurance for that Incident or claim on the policy;  

(iv) promptly complete or ensure the relevant Authorised Driver completes all necessary claim forms and do all other things necessary to ensure the Insurance of the Vehicle is maintained and claims can be promptly processed;  

(v) not and must ensure that the Authorised Driver does not, without Hyundai’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident; and  

(vi) procure that the Authorised Driver completes and furnishes to Hyundai within a reasonable time any statement, information or assistance which Hyundai or its insurer may reasonably require, including attending a lawyer’s office and at court to give evidence;  

(b) ensure the Authorised Drivers only fill the Vehicle with the fuel that the manufacturer approves for use or is specified in the Manufacturer’s Specifications;

(c) be responsible for all costs of fuel the Vehicle requires;

(d) develop and maintain a driver's log that allows the tracking of Authorised Drivers for distributing infringement notices, give Hyundai a copy of that log immediately on demand, and be ultimately liable for any infringement fines (including without limitation all traffic infringement fines, road tolls, parking fines and any other fines, penalties, tolls or levies from use of the Vehicle) during the Term;

(e) pay Hyundai the full costs of any reconditioning (including without limitation costs of any parts) necessary to return the Vehicle to a Saleable Condition at the end of the Term or on return of the Vehicle to Hyundai;

(f) ensure only Authorised Drivers drive the Vehicle;

(g) ensure each Authorised Driver drives and operates the Vehicle in accordance with motor traffic laws and instructions and recommendations in the Manufacturer’s Specifications;  

(h) ensure that the Vehicle is not used:  

(i) for rallying, racing, in speed or time trials or performance tests;  

(ii) for conveying passengers for hire or reward;  

(iii) recklessly or with deliberate intent to cause injury, loss or damage;  

(iv) in any location or region that Hyundai specifies is prohibited;  

(v) when it is damaged or unsafe;  

(vi) to transport goods except in compliance with all necessary approvals, permits, licences and government requirements and in accordance with the Manufacturer’s Specifications;  

(vii) for the towing of any load unless Borrower obtains Hyundai’s prior written consent and the towing is in accordance with the Manufacturer’s Specifications;  

(i) ensure any Authorised Driver does not drive the Vehicle under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;  

(j) ensure each Authorised Driver completes, signs and returns Hyundai's Vehicle acceptance form for each Vehicle on the earlier of: 

(i) delivery of the Vehicle to Borrower; or 

(ii) Borrower's acceptance of the Vehicle;  

(k) promptly report any damage and repair work required (including without limitation tyres, windows, windscreen, bumps and scratches) to Hyundai who will arrange rectification at Borrower's expense;

(l) ensure each Authorised Driver keeps the Vehicle in a clean presentable condition at all times and ensure the Authorised Driver arranges for the Vehicle's servicing in accordance with the Manufacturer’s Specifications and any other Hyundai instructions or policies. These services will occur at Hyundai's head office unless Hyundai specifies otherwise;

(m) not, by its act or omission , and ensure the Authorised Drivers do not by their act or omission, including without limitation negligence, bring the Hyundai brand into disrepute, or adversely or detrimentally affect the goodwill and reputation of Hyundai or its products and services; 

(n) not make any negative or disparaging statements or remarks about the Vehicle or the operation and use of the Vehicle;

(o) inform Authorised Drivers that:

(i) Hyundai may fit and operate a GPS or other electronic tracking device to the Vehicle to enable it to track it; and

(ii) by taking possession of the Vehicle, Authorised Drivers authorise Hyundai to use the device to track the vehicle; and

(p) for any Authorised Driver who does not authorise Hyundai to use an electronic tracking device to track the Vehicle, not allow that Authorised Driver to drive the Vehicle.

4.2 Borrower must pay all fees and charges due under or in connection with this Agreement for the period up to and including the day that Borrower returns the Vehicle to Hyundai.  

4.3 If Borrower fails to pay any amount due under or in connection with this Agreement within 7 days of the due date, Borrower must also pay Hyundai interest at 14% per annum (compounded daily) on the amount from the due date to the date of payment.  

5 Hyundai’s Obligations

5.1 Hyundai will:  

(a) lend the Vehicle to Borrower until the End Date;  

(b) ensure the Vehicle is at all times during the Term insured under Hyundai’s comprehensive and compulsory third party Insurance and registered; and

(c) pay for any scheduled servicing the Vehicle require.  

6 Corporate Branding & Livery

6.1 Hyundai may, in its discretion, consent to Borrower applying its corporate branding and livery to the Vehicle loaned to it.  Borrower must not apply or install such branding or livery to the Vehicle without Hyundai’s prior written consent.  

6.2 If Hyundai consents to Borrower applying its corporate branding and livery to the Vehicle, Borrower must:  

(a) create photographic images of the Vehicle which has its corporate branding and livery applied to it;  

(b) comply with any instructions Hyundai gives for the photo requirements (including without limitation, Hyundai's requirements about the size, quality, angle and background image of each photo);  

(c) ensure that all branding and livery applied to the Vehicle using Borrower's trade marks and promotional material are completely removed at Borrower's cost without damage to the Vehicle before its return to Hyundai.  

7 Personal Property Securities Law

7.1 Hyundai retains title and property in the Vehicle at all times.  

7.2 Notwithstanding anything to the contrary in this Agreement, the PPSA applies to this Agreement, and:

(a) terms used in clause 7 that are defined in the PPSA have the same meaning as in the PPSA; and

(b) Hyundai and the Borrower acknowledge that this Agreement constitutes a Security Agreement and entitles Hyundai to claim a Purchase Money Security Interest (“PMSI”) in favour of Hyundai over the Collateral supplied or to be supplied to the Borrower as Grantor pursuant to this Agreement; and

(c) Borrower must do whatever is necessary to give a valid security interest over the Vehicle which Hyundai can register on the Personal Property Securities Register. 

7.3 The security interest arising under this clause 7 attaches to the Vehicle when the Vehicle is delivered to Borrower or Borrower accepts the Vehicle, and not at any later time.

7.4 Where the PPSA permits, Borrower waives any rights to receive the notifications, verifications, disclosures or other documentation under sections 95, 1.18, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.

7.5 The Borrower agrees that nothing in sections 130 and 143 of the PPSA will apply to this Agreement or the Security under this Agreement

7.6 To the extent the PPSA permits, Borrower agrees that:

(a) the provisions of Chapter 4 of the PPSA which are for the benefit of Borrower or which place obligations on Hyundai will apply only to the extent they are mandatory or Hyundai agrees to their application in writing; and

(b) where Hyundai has rights in addition to those in Chapter 4 of the PPSA, those rights continue to apply; and

(c) it will indemnify Hyundai on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with the:

(i) registration or amendment or discharge of any Financing Statement registered by or on behalf of Hyundai; and 

(ii) enforcement or attempted enforcement of any Security Interest granted to Hyundai by the Borrower.

7.7 Borrower must immediately on Hyundai's request:

(a) do all things and execute all documents necessary to give effect to the security interest under this Agreement; and

(b) procure from any person Hyundai considers is relevant to its security position (including without limitation any Authorised Driver) such agreements and waivers (including as equivalent to those above) as Hyundai may require.

7.8 All payments received from the Borrower must be applied in accordance with section 14(6)(c) of the PPSA.  

8 Hyundai owns the Vehicle

8.1 Borrower acknowledges that Hyundai owns the Vehicle and in all circumstances Hyundai retains title to the Vehicle (even if the Borrower becomes bankrupt during the Term).  Borrower’s rights to use the Vehicle are as bailee only.  

8.2 Borrower is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with, the Vehicle in any way.  

9 GST

9.1 Unless otherwise defined in this Agreement, words or expressions used in this clause have the same meaning as defined in the GST Law.  

9.2 All prices and fees specified in this Agreement are inclusive of GST, unless otherwise indicated.  The price also includes all and any other taxes, duties and charges, unless Hyundai and Borrower otherwise agree in writing.  

9.3 If a taxable supply is made to a recipient, the party which makes the taxable supply must provide the recipient with a tax invoice or other document with information required by the GST Law to be included in a tax invoice to enable the recipient to claim an input tax credit.  

9.4 If the party which makes the taxable supply is not registered for GST it must provide the recipient with a statement with the first invoice in accordance with the GST Law, or the recipient will withhold a withholding payment.  

9.5 If any GST is payable by the party which makes the taxable supply under this Agreement, any consideration payable for any such taxable supply will be increased by the amount of GST payable (except to the extent that the consideration is already expressed to be GST inclusive).  

10 Liability and Indemnity

10.1 Subject to clause 10.2, Borrower is liable for:  

(a) the loss of and all damage to the Vehicle; and  

(b) all damage to the property of any person which:  

(i) Borrower, an Authorised Driver or any person Borrower allows to drive the Vehicle causes or contributes to; or

(ii) arises from the use of the Vehicle by Borrower, an Authorised Driver or any person Borrower allows to drive the Vehicle,  

10.2 Hyundai may (but is not obliged to) waive Borrower’s liability under clause 10.1 for damage to or loss of the Vehicle and may (but is not obliged to) take reasonable steps to ensure that Borrower and any Authorised Driver is entitled to be indemnified under Hyundai’s Insurance on the condition that Borrower reimburses Hyundai the excess or deductible payable under the policies of Insurance for each separate Incident or claim on the policy.  

10.3 Borrower indemnifies and must keep indemnified Hyundai from and against any and all Claims suffered or incurred by, or made against, Hyundai arising directly or indirectly from any breach of this Agreement by Borrower.  

11 Termination

11.1 Hyundai may terminate this Agreement with immediate effect if Borrower:

(a) breaches any term of this Agreement and such breach is either not capable of being remedied, or if it is capable of being remedied, Borrower does not remedy the breach within 14 days of notice of the breach; or

(b) Borrower goes into liquidation, has a receiver, manager, administrator or similar person appointed, enters into a scheme of arrangement with creditors or is unable to pay its debts as and when they fall due.  

11.2 Hyundai may immediately terminate this Agreement if it considers: 

(a) that the conduct or potential conduct of Borrower harms or is likely to harm the goodwill and reputation of Hyundai or its products;

(b) that excessive damage to the Vehicle has occurred;

(c) that an excessive number of infringement notices (including without limitation traffic infringement and parking fines and penalties) for the Vehicle has been received; and/or

(d) the Vehicle is at risk of loss or being damaged in any way. 

11.3 Hyundai may also terminate this Agreement at will at any time by giving any number of days notice in writing to Borrower without having to give reasons.  

11.4 On termination or expiration of this Agreement, Borrower must immediately return at its cost the Vehicle to Hyundai to a location Hyundai nominates in a clean and presentable Saleable Condition.  If Borrower does not immediately return the Vehicle to Hyundai consistent with this clause, Hyundai may (in addition to its rights under the PPSA), enter any premises where it suspects the Vehicle is and remove it and any spare keys, and for this purpose, Borrower irrevocably licences Hyundai to enter such premises and also indemnifies Hyundai from and against all costs, claims, demands and/or actions by any party arising from such action.  Where necessary, Borrower agrees to make all reasonable efforts to obtain the right for Hyundai to enter any premises in order to recover or repossess the Vehicle.  

12 General

12.1 Borrower must not assign its rights or obligations under this Agreement without Hyundai's prior written consent.

12.2 Hyundai's non-exercise or delay in exercise of a right, power or remedy does not: 

(a) prevent the later exercise of that right, power or remedy; nor

(b) amount to a waiver. 

12.3 This Agreement constitutes the entire Agreement of the parties in relation to the Vehicle.  

12.4 If all or any part of this Agreement is void, unenforceable or illegal, it is severed, and the remainder of this Agreement has full force and effect.  

12.5 Nothing in this Agreement creates a partnership or agency between the parties.  

12.6 This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.