Important notice: Please note that there will be delivery or collection service charge at $60 per way as of 12th March 2024.

The following terms and conditions, together with the Car Rental Confirmation Email, constitute the car rental service contract (“Agreement”) by and between you and Premium Automobiles Pte Ltd (the “Company”), operating the Audi on demand business with respect to the use of the Vehicle identified on the applicable Car Rental Confirmation Email. In the event of any inconsistency between the terms of this set of terms and conditions and the Car Rental Confirmation Email, the terms in the Car Rental Confirmation Email shall prevail. By your use of the Vehicle, you agree to be bound by the terms and conditions contained in the Agreement for the Car Rental Period regardless of prior or subsequent agreements executed by you. 
 

1. Definitions
  1. “Agreement” has the meaning set forth in the preamble herein.
  2. “ Website” means sg.audiondemand.com.sg, the electronic web-based interface which enables the Member to, among other things, make a Reservation for a Vehicle.
  3. “Car Rental Confirmation Email” means the email(s) sent to Member by the Company upon Member’s confirmation of a Reservation.
  4. “Car Rental Period” means the period of time between the time the Company makes the Vehicle available to Member and the time when Member is obligated to return possession of the Vehicle to the Company.
  5. “Car Rental Rate” means the hourly or daily rate charged by the Company for use of the Vehicle.
  6. “Drop Off Location” means the location identified as such in your Car Rental Confirmation Email.
  7. “Early Termination Right” has the meaning set forth in Section 2.d.1 below.
  8. “Information” has the meaning set forth in Section 8.a below. 
  9. “Loss” has the meaning set forth in Section 4.f below.
  10. “Member” or “Customer” or “you” means you, the person or entity identified as the user of the Vehicle on the Car Rental Confirmation Email.
  11. “Membership Agreement” means the agreement separately entered into by Member and the Company for the purposes of permitting Member to access cars from the Company, including, in particular, the Vehicle. The terms and conditions of the Membership Agreement are incorporated by reference into this Agreement as if set forth fully herein. All terms within this Agreement not specifically defined herein shall use the definition set forth in the Membership Agreement.
  12. “MV Policy” the comprehensive motor vehicle insurance policy applicable to each Vehicle as defined in Section 4.h below.
  13. “Payment Card” means the credit card identified on the Member’s membership profile.
  14. “Pick Up Location” means the location identified as such in the Car Rental Confirmation Email.
  15. “Prohibited Uses” has the meaning set forth in Section 2.b below.
  16. “Reference Information” means any and all documents provided by the Company to Member whether by electronic or paper means and whether by direct delivery, by posting on the Website, by leaving the information within the Vehicle at the beginning of the Car Rental Period, or by any other delivery mechanism, which identifies the Vehicle’s equipment, proper usage guidelines, and other general information for the safe and proper handling of the Vehicle, including, but not limited to, the Start Guide, Frequently Asked Questions documents, and the Vehicle’s owner’s manual. 
  17. “Reservation” means any reservation of a Vehicle.
  18. “Taxes, Fees and Assessments” means the levied amounts identified as such on the Car Rental Confirmation Email.
  19. “Total Charges” means the sum of the Total Car Rental plus the total Taxes, Fees and Assessments. 
  20. “Total Car Rental” means the Car Rental Rate multiplied by number of hours in the Car Rental Period, as indicated on the Car Rental Confirmation Email, or the rate for a 24-hour period multiplied by the number of days in the Car Rental Period, whichever is applicable.
  21. “Vehicle” means the vehicle the Member drives pursuant to this Agreement and shall include any equipment provided by us together with the Vehicle.
  22. “Vehicle Recovery Fee” means the fees payable to the Company in the event that the Company has to collect the Vehicle in the event of any accidents or damage to the Vehicle leading to the Vehicle being unable or unsuitable to be driven, which is the higher of S$200 or the actual cost incurred by the Company.

2. Member’s Limited Right To Use the Vehicle. 
  1. Permitted Use.
     The Company grants Member a limited right to use, pursuant to the terms and conditions listed in the Membership Agreement and this Agreement, the Vehicle during the Car Rental Period. 
  2. Limitations On Use. Member’s right to use the Vehicle is limited as follows:
    1. Member is over the age of 23 and is in possession of a valid Singapore driving licence, with a minimum of 2 years driving experience. The Member shall ensure that the Member’s driving licence details provided to the Company is a true and correct copy.
    2. The Vehicle shall not be driven by any person other than the Member. If additional drivers intend to use the Vehicle, the Member shall seek the approval of the Company at least 3 days before the date of collection of the Vehicle, and the Member shall provide to the Company all requested details of such additional drivers and their driving licence details. The Company reserves the right to disallow any additional drivers from using the Vehicle, and the Company shall not be obliged to provide any reasons. Further, Member shall not transfer or assign this Agreement, grant any rights under this Agreement, encumber his or her rights under this Agreement, or, lease or sublease the Vehicle.
    3. The Vehicle shall not be driven out of Singapore. If there is such a request to use the Vehicle out of Singapore, the Member shall seek the approval of the Company and insurer at least 3 working days before the date of collection of the Vehicle, and the Member shall provide all requested details of such usage and their driving licence details to the Company and insurer. The Company and insurer reserve the right to disallow the Vehicle to be driven out of Singapore, and the Company and insurer shall not be obliged to provide any reasons.
    4. Further, Member shall not transfer or assign this Agreement, grant any rights under this Agreement, encumber his or her rights under this Agreement, or, lease or sublease the Vehicle.
    5. The Vehicle shall not be used for transporting persons or property for hire or reward, as a common carrier, or for driver training.
    6. The Vehicle shall not be used for any illegal purpose or in an unsafe manner, including without limitation, participating in a speed contest; using the Vehicle, in any manner, on a race track; transporting a number of passengers in excess of the available number of seat belts, passengers outside the passenger compartment, loads in excess of the Vehicle’s gross vehicle weight rating, or loads consisting of hazardous materials or pollutants; transporting one or more children without properly using legally required child safety restraints; towing or pushing anything.
    7. The Vehicle shall not be operated by any person under the influence of drugs, alcohol or medication.
    8. The Vehicle shall not be altered or modified, including, but not limited to, removing any seats from the Vehicle.
    9. The Vehicle shall not be operated off-road or on unpaved roads.
    10. The Vehicle shall not be operated by any person who provided false or misleading information to the Company.
    11. The Vehicle shall not be operated by any person who does not have a valid driver’s licence which has been inspected and verified by the Company or its affiliates or representatives. 
      (Collectively, the above items (1) through (9) shall be referred to as “Prohibited Uses”.)
  3. Substitute Vehicle.
    If, during the Car Rental Period, the Vehicle is due for servicing, scheduled maintenance or damage repair that will incur a downtime of days or weeks, the Company shall provide a similar Vehicle, which may not be the same model as reserved, as a substitute (“Substitute Vehicle”). The model of the Substitute Vehicle may differ and is subject to availability. In the event that a Substitute Vehicle is required, the Company will contact the Member prior to the time of pick-up of the Vehicle and provide the Member with relevant details regarding the Substitute Vehicle.
  4. Company’s Right To Terminate.
    1. Early Termination Right. The Company shall have the unilateral right to terminate this Agreement (each, an “Early Termination Right”) immediately if:
      1. Any Prohibited Use occurs, regardless of fault of the Member; or
      2. Member violates or breaches any term of this Agreement or the Membership Agreement.
    2. Company’s Remedies.
      The Company’s exercise of its Early Termination right shall not limit the Company’s exercise of any other right or remedy provided by law, equity or this Agreement. Upon the Company’s exercise of its Early Termination Right, the Company may seize the Vehicle without legal process or notice to the Member. Member waives all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by the Company in returning the Vehicle.
    3. Unpermitted Holdover.
      If Member continues to operate the Vehicle after the right to do so is terminated, the Company has the right to notify the police that the Vehicle has been stolen. Member hereby releases and discharges the Company from, and agrees to indemnify, defend and hold the Company harmless against any liability arising from such notice.

3. Vehicle Ownership.
Member acknowledges and agrees that the Vehicle is, by ownership, beneficial interest or lease, property of the Company, even if owned, registered or titled to a third party, and that Member has no property right of any kind in such property of the Company other than the limited right to use the Vehicle pursuant to this Agreement. 


4.  Member’s Obligations.
  1. Vehicle Condition.
    1. Member agrees that Member received the Vehicle in good physical and mechanical condition and fit for operation. Member agrees to inspect the same and notify the Company immediately before driving the Vehicle if the Vehicle is not in such condition.
    2. Member agrees that Member is using the Vehicle “as is” and has had an adequate opportunity to inspect the Vehicle before taking possession of the Vehicle. The Company excludes, to the extent legally permitted, all warranties, both express and implied, with respect to the Vehicle including any implied warranty of merchantability or fitness for a particular purpose. 
    3. Member agrees to return the Vehicle on or before the return time or upon demand by the Company in the same condition as received.
    4. Member agrees to immediately stop driving the Vehicle and notify the Company, putting the Vehicle in a safe location, if the Vehicle ceases to operate properly. Member shall not have the Vehicle or Optional Accessories repaired without permission from the Company. 
    5. Member agrees to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including, but not limited to, refueling the Vehicle with the appropriate type of fuel.
    6. Member is responsible for the Vehicle and its condition as soon as the Vehicle has been handed over during the Car Rental Period. Should there be any damages found during the Vehicle inspection during the return handover, Member will be liable for the damages and cost of repair or replacement.
  2. Payment.
    1. Member agrees to pay the Company:
      1. An upfront payment of 30% of the Total Rental fee according to the customer’s booking to secure the Vehicle for the Rental Period during Vehicle reservation.
      2. The balance payment of 70% at the start of the Car Rental Period.
      3. In the event the Vehicle remains longer in possession of the Member as stated in the Booking Confirmation, the Member agrees to pay the Company the Car Rental Rate multiplied by the actual number of hours during which the Member retains possession of the Vehicle, in full hourly increments. Payment is to be made at the point of extension. 
    2. Member further agrees to pay the Company for the following items:
      1. Losses due to physical damage to the Vehicle or theft, plus all related costs, including, but not limited to, charges for towing, storage, impound, administrative charges for appraisal, and other expenses incident to the damage incurred to the Vehicle or the repairs thereof to the extent such Losses are not covered by the MV Policy included in the Member’s rental and registration fee.  Further details regarding the MV Policy are set out in Section 4.h below.
      2. The Vehicle Recovery Fee, if applicable.
      3. Cleaning fees, if special cleaning or polishing is required to restore the Vehicle back to its original condition. 
      4. Loss of use for any and all time a Vehicle is taken out of service and diminution in value of a Vehicle in the event of damages or cleaning referred to in (a) or (c) above. 
      5. All fees, costs, and attorneys’ fees and disbursements (on an indemnity basis) for legal violations, parking, tolls, towing or storage related to operation of the Vehicle by Member, including administrative fees up to S$100 per incident for processing payment of any fines, costs or attorneys’ fees set forth above.
      6. All expenses incurred by the Company in the collection of amounts due to the Company under this Agreement or in regaining possession of the Vehicle or in enforcing any term or condition of this Agreement, including, without limitation, the Company’s administrative fees, any lawfully allowed fees for declined credit card charges, and any other costs or expenses incurred by the Company including attorneys’ fees on an indemnity basis and disbursements.
      7. The cost of fuel if Vehicle was returned with less than a full tank of fuel. In the event that the fuel indicator remains full even after some usage, Member is expected to fill up the tank for the amount of fuel used.
      8. The cost of parking fees, ERP charges or fuel costs incurred during the concierge delivery or retrieval.
      9. Additional charges of the amount stated by the Company for any change from the Drop Off Location or Pick Up Location.
      10. Additional charges of the amount stated by the Company for any change in timing of drop off or pick up, which is notified to the Company within 2 hours from the time as set in the reservation details or as previously agreed between the Member and the Company.
      11. The cost of delivery or collection service charge
    3. Member authorizes the Company to verify and/or obtain through credit agencies or other sources Member’s personal credit and/or insurance information.
    4. In the process of booking the Vehicle, Member may opt to have the Vehicle delivered to him/her and/or collected from him/her after usage, herein referred to as “Concierge Service”. This Concierge Service is subject to the following conditions:
      1. Members are expected to bear any additional costs incurred in the process of delivering the Vehicle to them or picking up the Vehicle from the Member and delivering the Vehicle back to the Company. Additional costs include but not limited to ERP charges, parking fees and fuel costs incurred for the distance travelled.
      2. Any change of delivery or collect locations or change of timing must be communicated via the Audi on demand hotline more than 2 hours prior to the delivery/collection timing. For changes made within 2 hours from the scheduled time, the Company reserves the right to reject the request. The Company may impose additional charges in respect of any change in delivery/collection timing, regardless of whether sufficient notice is provided to the Company.
  3. Credit Cards.
    1. The Company require payments to be made upfront by credit card, therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Reservation. Please check all details thoroughly prior to making the Reservation.
    2. The Member shall not use a card that is not lawfully owned by him/her or the use of which is not authorised by the lawful owner. The Member agrees that the credit card details provided by the Member must be valid, correct and accurate.
    3. The Member warrants, agrees and confirms that when he/she initiates a payment transaction or issues an online payment instruction and provides his/her credit card details, the Member is fully and lawfully entitled to use such credit card for such transactions.
    4. The Member authorises debit of the nominated card for the payment of all fees which may be payable pursuant to this Agreement.
    5. The Member is responsible to ensure that sufficient credit is maintained in the credit card account. Otherwise, the Company has the right to charge the Member late fees for non-payment.
    6. If payment is made by means of a credit card that the Member does not personally own, the permission of the credit card owner must be obtained prior to making the payment. In making the reservation, Member must confirm that permission was received by the card owner.
    7. The Company will need Member to present the credit card upon entering into this Agreement.
    8. In the event of credit card fraud or unauthorised use of your credit card by third parties, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (contact@audiondemand.com.sg). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. statement and policy of the credit card company).
    9. In the event it is determined by the Company that there has been a credit card fraud or an unauthorised use of your credit card, the Company will cancel the reservation made through your card and shall refund you any monies received by the Company through the fraud or unauthorised use of your credit card, subject to the following:
      1. this refund shall only apply to credit card reservations made using the Website's secure server; and
      2. the unauthorised use of your credit card resulted through the Company’s default or negligence and through no fault of your own while using the secure server; and
      3. you have not received any products or services from the Company in respect of the fraud or unauthorised use of your credit card.
  4. Cancellations.
    Cancellation fees will be imposed for cancellation of bookings less than 24 hours prior to the start of your Car Rental Period. The 30% upfront payment serves as the cancellation fee and will not be refundable.
  5. Refunds
    1. The Company reserves the right not to honour bookings or service rates that are displayed in error. However, in cases where rates which are higher than the proper have been incorrectly invoiced or charged to your credit/debit card, you will be entitled to a refund.
    2. The Company has the right to (but shall not be obliged to) reject any bookings if a valid reason is provided.
    3. Refunds may be subjected to reverse credit/debit card fees and/or bank charges or fees. While the Company seeks to ensure that all refunds to Customers are done as expediently as possibly, there may be delays to refunds or reimbursements due to factors beyond the Company’s control.
    4. The Company reserves the right, at its sole discretion, to set off any sums payable from the Customer to the Company from any sum payable from the Company to the Customer (regardless of whether such payment is due to a refund or otherwise). The Company may exercise the right to set off such sums without notice to the Customer.
  6. Indemnification.
    Member shall defend, indemnify and hold the Company harmless from and against any and all losses, liabilities, damages, injuries, claims, demands, judgments, awards, suits, actions, proceedings, costs, attorney fees (on an indemnity basis), disbursements and other expenses (collectively, “Losses” and each a “Loss”) incurred by the Company arising out of any transaction or occurrence related in any manner to this Agreement, or from the use of the Vehicle by any person, including without limitation claims of, or liabilities to, third parties to the extent such Losses are not covered under the Vehicle’s third party risks motor vehicle insurance policy.
  7. Compliance With Laws. Member agrees to comply with all applicable laws.
  8. Insurance Coverage. A Member who has been approved or authorized by the Company participates as an insured under a comprehensive motor vehicle insurance policy when Member uses a Vehicle.  A copy of the prevailing insurance policy is available for inspection (“MV Policy”).
    1. Subject to changes in the MV Policy, the limits of indemnity for damage to third party property under the insurance policy is SGD500,000.
    2. The Member shall be responsible for insurance excess, of the amount set out in the MV Policy. As at the date of these Terms & Conditions, the excess ranges from $4,300 to $7,800 in the event of an incident involving either damage to the Vehicle or to 3rd party property or Vehicle during the time when the vehicle was in the Member’s possession. This amount is in addition to any payments payable pursuant to Section 4.b.2 above.
    3. Subject to the limitations set out in this section and the terms of the MV Policy, Member is covered (to the extent set out in the MV Policy) by the MV Policy from and against liability to third parties for bodily injury (including death) and property damage if the accident results from the use of the Vehicle as permitted by this Agreement.
    4. If the total amount of the injuries and/or property damage exceeds the coverage limits provided, Member will be responsible for the shortfall. Member shall indemnify and hold the Company, its agents, employees, and affiliates harmless from and against any and all Losses in excess of the limits stated in this Agreement, or beyond the scope of the protection provided for in this Agreement, arising from the use or possession of the Vehicle by Member, including but not limited to attorneys’ fees (on an indemnity basis) and disbursements incurred by the Company to enforce any of its rights under this Agreement, unless such Loss arises out of the Company’s gross negligence or willful misconduct.
    5. In case of an accident or incident with the Vehicle during Member’s use, Member undertakes to do the following:
      • obtain the names, identity card numbers and addresses of all parties involved and/or witnesses;
      • pictures of the damages, if any, as well as the on-site scenario of all parties’ Vehicles;
      • not admitting liability or guilt;
      • not abandoning the Vehicle without adequate provisions for safeguarding and securing the same;
      • notify the police immediately if injuries are involved;
      • notify the Company within 24 hours of the occurrence of the accident;
      • cooperate fully with the Company’s investigation of the accident or incident;
      • deliver to the Company at such applicable address every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, the Member shall cooperate fully with the Company and its representatives;
    6. Insurance covering any theft or loss of personal belongings is not included. Member agrees that the Company is not responsible to the Member or to anyone else for any loss of or damage to Member’s or such other person’s/entity’s personal property caused by Member’s or their acts or omissions, those of any third party or, to the extent permitted by law, the Company’s negligence. Member hereby waives any claim against the Company, its agents, employees or affiliates, for loss of or damage to Member’s or anyone else’s personal property, which includes, without limitation, property left in the Vehicle, caused by Member, by any third parties, to the extent permitted by law, by the Company’s negligence whether in whole or in part. Member agrees to indemnify and hold the Company harmless from any claim against the Company for loss of or damage to Member’s or a third party’s personal property that is connected with any Reservation or use of the Vehicle under this Agreement.
    7. If the insurer repudiates liability under the MV Policy for any reason directly or indirectly caused by the Member, the Member will be liable for any and all damage to the Vehicle and liability to a third party or for Member’s own injuries to the extent permitted by law.
    8. The Member is to notify the Company immediately of any change in Member’s driving licence status.
    9. The Member is to notify the Company with a minimum of 3 working days in advance notice for the use of Vehicle out of Singapore, subject to insurer approval.
    10. Terms and conditions of the Company’s insurance described in this Section 4.h are subject to change without notice including, without limitation, coverage limits and the amount of any applicable deductible. Such changes shall be published on the Website and you agree that such changes shall be deemed to amend this Agreement as of the time such changes in the Company’s insurance come into effect. You may request the Company to provide you with a summary of the terms and conditions of such insurance then in effect. 
    11. Notwithstanding any other section in this Agreement, the Member shall be responsible for loss of or damage to the Vehicle in the following situations:
      1. If Member has failed to comply with this Agreement, Member will be responsible for all damages to or loss of the Vehicle or for loss of its use and for other administrative charges to the fullest extent permitted by law.
      2. Member is responsible for damage to or loss of the Vehicle or loss of its use while it is in Member’s possession resulting from any cause, including but not limited to collision, rollover, theft, vandalism, seizure, war, terrorism, strikes, riots, civil commotion, fire, flood, hail or other acts of nature or God, regardless of fault.
      3. Member is responsible for damage to or loss of the Vehicle if it is damaged while the Vehicle is being operated by a Valet driver or the Member’s additional drivers.
      4. Member shall be liable to pay to the Company on demand the costs of repair for damage to or loss of use of the Vehicle on top of the insurance excess. Member shall be liable to the Company for any loss of use to the Vehicle while it is undergoing repairs.
      5. Member is responsible for the full value of the Vehicle if it is established that Member committed, or aided or abetted in the commission of, the theft of the Vehicle.

5. Liability.
  1. Company’s Liability. The Company is not responsible for any damage or loss due to theft of any personal property during the Car Rental Period. Member acknowledges and agrees that no bailment is or shall be created upon the Company, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or at the Company’s premises.
  2. Limitation of Remedy.
    1. If the Company breaches any of its obligations under this Agreement and/or if the Vehicle has any mechanical failure or other failure not caused by Member, and if the Company is liable under applicable law for such breach or Vehicle failure, the Company’s sole liability to Member is limited to:
      1. the repair of the Vehicle;
      2. substitution of another similar Vehicle by the Company; or
      3. recovery by Member of the hourly or daily Car Rental Rate for the period in which Member did not have use of the Vehicle or a substitute Vehicle.
(“Available Remedies”)
The Company shall have the right, in its sole discretion, to determine which of the Available Remedies to provide to the Member.
    1. Member waives all claims for consequential, punitive, and incidental damages that might otherwise be available to Member, and such damages are excluded and not available to Member.

6. Mechanical Breakdown.
  1. Twenty-four (24) hour roadside assistance is free for all inherent mechanical faults (as determined by the Company or an authorized repairer) of the Vehicle.  If the Vehicle requires repair or replacement, the Company shall provide a similar Vehicle, which may not be the same model as reserved, as a substitute (“Substitute Vehicle”). The model of the Substitute Vehicle may differ and is subject to availability. In the event that a Substitute Vehicle is required, the Company will contact the Member prior to the time of pick-up of the Vehicle and provide the Member with relevant details regarding the Substitute Vehicle.

    For roadside assistance please call +65 9828 1233.

7. Privacy and Telematics.
  1. Personal Identifiable Information. The Company may collect and use personally identifiable data about Member in accordance with the Company’s privacy policy. The privacy policy is available on the Website. Member accepts the terms of the privacy policy and any revisions thereto. Member agrees that the Company may disclose such information pursuant to the Company’s privacy policy and recipients may include law enforcement or other government authorities.
  2. Distribution. Member agrees that the Company may provide information in the Company’s possession about Member, including, but not limited to, Member’s name, address, driver’s licence and/or Payment Card information to applicable governmental authorities or other third parties, in connection with the Company’s enforcement of its rights under this Agreement.
  3. Telematics. The Vehicle may be equipped with electronic surveillance (“Telematics”) technology. The Company obtains data from Telematics equipment only to the extent permitted by law.

8. Electronic Transactions.
  1. Member’s Consent. Member consents to the Company’s use of electronic records to contract with Member and provide or make available to Member information via the Website or visibly referenced by a link contained in the Website, or by email (collectively, “Information”). This may include Information related to Member’s online enrollment or membership in the Company’s car rental program, Member’s car rental usage, legal notices, and disclosures. 
  2. Withdrawal of consent. Member may withdraw consent to the Company’s use of electronic records at any time. Member’s withdrawal of consent will be effective the last day of the calendar month that is at least forty days after the Company has received a written letter mailed to the Company at the applicable address pursuant to Section 9 requesting such withdrawal and providing a mailing address where the Company may send future paper documents in lieu of electronic records. Member’s withdrawal shall only be effective prospectively. 
  3. Email address. Member agrees to provide a valid email address for the purposes of receiving legal and other notices. Member may change the email address through the Website.
  4. Capability. Member agrees that by entering into this Agreement and making a Reservation for the use of a Vehicle through electronic means, Member has demonstrated Member’s ability to access Information in electronic form provided to Member and on the Company’s website.
 
9. Notice.

Any notice to the Company shall be provided in writing using the address applicable to your reservation. Those addresses are noted on the website under Contact Us. Phone numbers on our Website are provided for your convenience only, and phone calls shall not constitute notice to us. We may notify you at the address in your profile established pursuant to the Membership Agreement.


10. Miscellaneous.
  1. All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of Singapore.
  2. Member acknowledges and agrees that Member and the Company are the only parties to this Agreement. This Agreement is excluded from the application of the Contracts (Rights of Third Parties) Act.
  3. Member waives any claim against the Company, its agents, employees or affiliates, for any fees incurred, loss of or damage to Member’s or anyone else’s personal property, which includes, without limitation, property left in any Vehicle, caused by Member, by any third parties, to the extent permitted by law, by the Company’s negligence whether in whole or in part.
  4. The headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
  5. These terms and conditions are subject to change without notice. Such changes shall be published on the Website and you agree that such changes shall be deemed to amend this Agreement as of the time such changes in the Company’s terms and conditions come into effect.
  6. The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services and Member’s access to account, at any time without notice or if Member is found to be in breach of this Agreement.
  7. Member understands that by checking the box next to “I have read and agree to the Car Rental Agreement”, Member is executing this Agreement and is bound by it.

The following terms and conditions, together with the Monthly Hire Contract, constitute the car rental service contract (“Agreement”) by and between you and Premium Automobiles Pte Ltd (the “Company”), operating the Audi on demand business with respect to the use of the Vehicle identified on the applicable Monthly Hire Contract. In the event of any inconsistency between the terms of this set of terms and conditions and the Monthly Hire Contract, the terms in the Monthly Hire Contract shall prevail. By your use of the Vehicle you agree to be bound by the terms and conditions contained in the Agreement regardless of prior or subsequent agreements executed by you. 
 

1. Definitions
  1. “Agreement” has the meaning set forth in the preamble herein.
  2. “Car Rental Period” means the period of time between the time the Company makes the Vehicle available to Member and the time when Member is obligated to return possession of the Vehicle to the Company, as also indicated in the Monthly Hire Contract.
  3. “Car Rental Rate” means the monthly rate charged by the Company for use of the Vehicle.
  4. “Early Termination Right” has the meaning set forth in Section 2.D (1) below.
  5. “Information” has the meaning set forth in Section 8.A below.
  6. “Loss” has the meaning set forth in Section 4.F below.
  7. “Member” or “Customer” or “you” means you, the person or entity identified as the user of the Vehicle on the Car Rental Confirmation Email.
  8. “Membership Agreement” means the agreement separately entered into by Member and the Company for the purposes of permitting Member to access cars from the Company, including, in particular, the Vehicle. The terms and conditions of the Membership Agreement are incorporated by reference into this Agreement as if set forth fully herein. All terms within this Agreement not specifically defined herein shall use the definition set forth in the Membership Agreement.
  9. “Monthly Hire Contract” means the contract for booking of Vehicle on a monthly basis, signed and agreed upon by the Member.
  10. “MV Policy” means the comprehensive motor vehicle insurance policy applicable to each Vehicle as defined in Section 4.H below.
  11. “Payment Card” means the credit card identified on the Member’s membership profile.
  12. “Prohibited Uses” has the meaning set forth in Section 2.B below.
  13. “Reference Information” means any and all documents provided by the Company to Member whether by electronic or paper means and whether by direct delivery, by posting on the Website, by leaving the information within the Vehicle at the beginning of the Car Rental Period, or by any other delivery mechanism, which identifies the Vehicle’s equipment, proper usage guidelines, and other general information for the safe and proper handling of the Vehicle, including, but not limited to, the Start Guide, Frequently Asked Questions documents, and the Vehicle’s owner’s manual.
  14. “Reservation” means any reservation of a Vehicle.
  15. “Security Deposit” is equivalent to a one month rental charge for the Vehicle and will be billed upon signing of the Monthly Hire Contract by the Member.
  16. “Vehicle” means the vehicle the Member drives pursuant to this Agreement and shall include any equipment provided by us together with the Vehicle.
  17. “Vehicle Recovery Fee” means the fees payable to the Company in the event that the Company has to collect the Vehicle in the event of any accidents or damage to the Vehicle leading to the Vehicle being unable or unsuitable to be driven, which is the higher of S$200 or the actual cost incurred by the Company.
  18. “Website” means www.audiondemand.com.sg, the electronic web-based interface which enables the Member to, among other things, make a Reservation for a Vehicle.

2. Member’s Limited Right To Use the Vehicle.. 
  1. Permitted Use.
     The Company grants Member a limited right to use, pursuant to the terms and conditions listed in the Membership Agreement and this Agreement, the Vehicle during the Car Rental Period. 
  2. Limitations On Use. Member’s right to use the Vehicle is limited as follows:
    1. Member is over the age of 23 and is in possession of a valid Singapore driving licence, with a minimum of 2 years driving experience. The Member shall ensure that the Member’s driving licence details provided to the Company is a true and correct copy.
    2. The Vehicle shall not be driven by any person other than the Member. If additional drivers intend to use the Vehicle, the Member shall seek the approval of the Company at least 3 days before the date of collection of the Vehicle, and the Member shall provide to the Company all requested details of such additional drivers and their driving licence details. The Company reserves the right to disallow any additional drivers from using the Vehicle, and the Company shall not be obliged to provide any reasons. Further, Member shall not transfer or assign this Agreement, grant any rights under this Agreement, encumber his or her rights under this Agreement, or, lease or sublease the Vehicle.
    3. The Vehicle shall not be driven out of Singapore. If there is such a request to use the Vehicle out of Singapore, the Member shall seek the approval of the Company and insurer at least 3 working days before the date of collection of the Vehicle, and the Member shall provide all requested details of such usage and their driving licence details to the Company and insurer. The Company and insurer reserve the right to disallow the Vehicle to be driven out of Singapore, and the Company and insurer shall not be obliged to provide any reasons.
    4. Further, Member shall not transfer or assign this Agreement, grant any rights under this Agreement, encumber his or her rights under this Agreement, or, lease or sublease the Vehicle.
    5. The Vehicle shall not be used for transporting persons or property for hire or reward, as a common carrier, or driver training.
    6. The Vehicle shall not be used for any illegal purpose or in an unsafe manner, including without limitation, participating in a speed contest; using the Vehicle, in any manner, on a race track; transporting a number of passengers in excess of the available number of seat belts, passengers outside the passenger compartment, loads in excess of the Vehicle’s gross vehicle weight rating, or loads consisting of hazardous materials or pollutants; transporting one or more children without properly using legally required child safety restraints; towing or pushing anything.
    7. The Vehicle shall not be operated by any person under the influence of drugs, alcohol or medication.
    8. The Vehicle shall not be altered or modified, including, but not limited to, removing any seats from the Vehicle.
    9. The Vehicle shall not be operated off-road or on unpaved roads.
    10. The Vehicle shall not be operated by any person who provided false or misleading information to the Company.
    11. The Vehicle shall not be operated by any person who does not have a valid driver’s licence which has been inspected and verified by the Company or its affiliates or representatives. 
      (Collectively, the above items (1) through (9) shall be referred to as “Prohibited Uses”.)
  3. Substitute Vehicle.
    If, during the Car Rental Period, the Vehicle is due for servicing, scheduled maintenance or damage repair that will incur a downtime of days or weeks, the Company shall provide a similar Vehicle, which may not be the same model as reserved, as a substitute (“Substitute Vehicle”). The model of the Substitute Vehicle may differ and is subject to availability. In the event that a Substitute Vehicle is required, the Company will contact the Member prior to the time of pick-up of the Vehicle and provide the Member with relevant details regarding the Substitute Vehicle.
  4. Company’s Right To Terminate.
    1. Early Termination Right. The Company shall have the unilateral right to terminate this Agreement (each, an “Early Termination Right”) immediately if:
      1. Payment is not successfully made as per payment date in the Monthly Hire Contract; or
      2. Any Prohibited Use occurs, regardless of fault of the Member; or
      3. Member violates or breaches any term of this Agreement or the Membership Agreement.
    2. Company’s Remedies.
      The Company’s exercise of its Early Termination Right shall not limit the Company’s exercise of any other right or remedy provided by law, equity or this Agreement. Upon the Company’s exercise of its Early Termination Right, the Company may seize the Vehicle without legal process or notice to the Member. Member waives all claims for damages with such seizure, including loss or damages to content, security deposit and shall pay all expenses incurred by the Company in returning the Vehicle.
    3. Unpermitted Holdover.
      If Member continues to operate the Vehicle after the right to do so is terminated, the Company has the right to notify the police that the Vehicle has been stolen. Member hereby releases and discharges the Company from, and agrees to indemnify, defend and hold the Company harmless against any liability arising from such notice.

3. Vehicle Ownership.
Member acknowledges and agrees that the Vehicle is, by ownership, beneficial interest or lease, property of the Company, even if owned, registered or titled to a third party, and that Member has no property right of any kind in such property of the Company other than the limited right to use the Vehicle pursuant to this Agreement.. 


4.  Member’s Obligations.
  1. Vehicle Condition.
    1. Member agrees that Member received the Vehicle in good physical and mechanical condition and fit for operation. Member agrees to inspect the same and notify the Company immediately before driving the Vehicle if the Vehicle is not in such condition.
    2. Member agrees that Member is using the Vehicle “as is” and had adequate opportunity to inspect the Vehicle before taking possession of the Vehicle. The Company excludes, to the extent legally permitted, all warranties, both express and implied, with respect to the Vehicle including any implied warranty of merchantability or fitness for a particular purpose.
    3. Member agrees to return the Vehicle on or before the Car Rental Period ends or upon demand by the Company in the same condition as received.
    4. Member agrees to immediately stop driving the Vehicle and notify the Company, putting the Vehicle in a safe location, if the Vehicle ceases to operate properly.
    5. Member agrees to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including, but not limited to, refuelling the Vehicle with the appropriate type of fuel.
    6. Member is responsible for the Vehicle and its condition as soon as the Vehicle has been handed over during the Car Rental Period. Should there be any damages found during the Vehicle inspection during the return handover, Member will be liable for the damages and cost of repair or replacement.
  2. Payment.
    1. Member agrees to pay the Company:
      1. the Security Deposit upon signing of the Monthly Hire Contract with the Company;
      2. the Car Rental Rate as stated in the Monthly Hire Contract, prior to the start of each contract month;
      3. A pro-rated amount for any extension of use beyond the period stated in the Monthly Hire Contract, calculated on a daily basis as 1/30 of the agreed upon monthly rate.
    2. Member further agrees to pay the Company for the following items:
      1. Losses due to physical damage to the Vehicle or theft, plus all related costs, including, but not limited to, charges for towing, storage, impound, administrative charges for appraisal, and other expenses incident to the damage incurred to the Vehicle or the repairs thereof to the extent such Losses are not covered by the MV Policy included in the Member’s rental and registration fee. Further details regarding the MV Policy are set out in Section 4.H below.
      2. The Vehicle Recovery Fee, if applicable.
      3. Cleaning fees, if special cleaning or polishing is required to restore the Vehicle back to its original condition.
      4. Loss of use for any and all time a Vehicle is taken out of service and diminution in value of a Vehicle in the event of damages or cleaning referred to in (a) or (c) above.
      5. All fees, costs, and attorneys’ fees and disbursements (on an indemnity basis) for legal violations, parking, tolls, towing or storage related to operation of the Vehicle by Member, including administrative fees up to S$100 per incident for processing payment of any fines, costs or attorneys’ fees set forth above.
      6. All expenses incurred by the Company in the collection of amounts due to the Company under this Agreement or in regaining possession of the Vehicle or in enforcing any term or condition of this Agreement, including, without limitation, the Company’s administrative fees, any lawfully allowed fees for declined credit card charges, and any other costs or expenses incurred by the Company including attorneys’ fees on an indemnity basis and disbursements.
      7. The cost of fuel if Vehicle was returned with less than a full tank of fuel. Alternatively, the Company will deduct the cost of refuelling from the Security Deposit, at the end of the Car Rental Period.
      8. The cost of parking fees, ERP charges or fuel costs incurred during the concierge delivery or retrieval.
    3. Member authorizes the Company to verify and/or obtain through credit agencies or other sources Member’s personal credit and/or insurance information.
  3. Credit Cards.
    1. Member undertakes to provide correct and valid credit card details in their account on the Website. The Company will deduct the Security Deposit and the monthly payments from the Member’s credit card.
    2. The Member shall not use a card that is not lawfully owned by him/her or the use of which is not authorised by the lawful owner. The Member agrees that the credit card details provided by the Member must be valid, correct and accurate.
    3. The Member warrants, agrees and confirms that when he/she initiates a payment transaction or issues an online payment instruction and provides his/her credit card details, the Member is fully and lawfully entitled to use such credit card for such transactions.
    4. The Member authorises debit of the nominated card for the payment of all fees which may be payable pursuant to this Agreement.
    5. The Member is responsible to ensure that sufficient credit is maintained in the credit card account. Otherwise, the Company has the right to charge the Member late fees for non-payment.
    6. If payment is made by means of a credit card that the Member does not personally own, the permission of the credit card owner must be obtained prior to making the payment. When signing the Monthly Hire Contract, Member must confirm that permission was gotten by the credit card owner.
    7. The Company will need Member to present the credit card upon entering into this Agreement.
    8. In the event of credit card fraud or unauthorised use of your credit card by third parties, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (contact@audiondemand.com.sg). Please state ’credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. statement and policy of the credit card company).
    9. In the event it is determined by the Company that there has been a credit card fraud or an unauthorised use of your credit card, the Company will cancel the reservation made through your card and shall refund you any monies received by the Company through the fraud or unauthorised use of your credit card, subject to the following:
      1. this refund shall only apply to credit card reservations made using the Website's secure server; and
      2. the unauthorised use of your credit card resulted through the Company’s default or negligence and through no fault of your own while using the secure server; and
      3. you have not received any products or services from the Company in respect of the fraud or unauthorised use of your credit card.
  4. Termination of Contract
    In case of an early termination of the Agreement by you, the total Car Rental Rate for the agreed upon Car Rental Period will become due and payable immediately and be deducted from your Credit Card. The Security Deposit shall be refunded at the end of the Car Rental Period.
  5. Refund of Security Deposit
    1. The Company reserves the right to retain the Security Deposit should the Member breach the Agreement or if the Member commits any legal offences during the Car Rental Period.
    2. The Company reserves the right to retain the Security Deposit fully or partially, should there be any payment required from the Member after the Car Rental Period, including damage costs, fuel costs, ERP costs or any other costs.
    3. Refunds may be subjected to reverse credit/debit card fees and/or bank charges or fees. While the Company seeks to ensure that all refunds to the Member are done as expediently as possibly, there may be delays to refunds or reimbursements due to factors beyond the Company’s control.
    4. The Company reserves the right, at its sole discretion, to set off any sums payable from the Member to the Company from any sum payable from the Company to the Member (regardless of whether such payment is due to a refund or otherwise). The Company may exercise the right to set off such sums without notice to the Member.
  6. Indemnification.
    Member shall defend, indemnify and hold the Company harmless from and against any and all losses, liabilities, damages, injuries, claims, demands, judgments, awards, suits, actions, proceedings, costs, attorney fees (on an indemnity basis), disbursements and other expenses (collectively, “Losses” and each a “Loss&rdquo) incurred by the Company arising out of any transaction or occurrence related in any manner to this Agreement, or from the use of the Vehicle by any person, including without limitation claims of, or liabilities to, third parties to the extent such Losses are not covered under the Vehicle’s third party risks motor vehicle insurance policy.
  7. Compliance With Laws. Member agrees to comply with all applicable laws.
  8. Insurance Coverage. A Member who has been approved or authorized by the Company participates as an insured under a comprehensive motor vehicle insurance policy when Member uses a Vehicle. A copy of the prevailing insurance policy is available for inspection (“MV Policy”).
    1. Subject to changes in the MV Policy, the limits of indemnity for damage to third party property under the insurance policy is SGD 500,000.
    2. The Member shall be responsible for insurance excess, of the amount set out in the MV Policy. As at the date of these Terms & Conditions, the excess ranges from $4,300 to $7,800 in the event of an incident involving either damage to the Vehicle or to 3rd party property or Vehicle during the time when the vehicle was in the Member’s possession. This amount is in addition to any payments payable pursuant to Section 4.B.2 above.
    3. Subject to the limitations set out in this section and the terms of the MV Policy, Member is covered (to the extent set out in the MV Policy) by the MV Policy from and against liability to third parties for bodily injury (including death) and property damage if the accident results from the use of the Vehicle as permitted by this Agreement.
    4. If the total amount of the injuries and/or property damage exceeds the coverage limits provided, Member will be responsible for the shortfall. Member shall indemnify and hold the Company, its agents, employees, and affiliates harmless from and against any and all Losses in excess of the limits stated in this Agreement, or beyond the scope of the protection provided for in this Agreement, arising from the use or possession of the Vehicle by Member, including but not limited to attorneys’ fees (on an indemnity basis) and disbursements incurred by the Company to enforce any of its rights under this Agreement, unless such Loss arises out of the Company’s gross negligence or wilful misconduct.
    5. In case of an accident or incident with the Vehicle during Member’s use, Member undertakes to do the following:
      • obtain the names, identity card numbers and addresses of all parties involved and/or witnesses;
      • pictures of the damages, if any, as well as the on-site scenario of all parties’ Vehicles;
      • not admitting liability or guilt;
      • not abandoning the Vehicle without adequate provisions for safeguarding and securing the same;
      • notify the police immediately if injuries are involved;
      • notify the Company within 24 hours of the occurrence of the accident;
      • cooperate fully with the Company’s investigation of the accident or incident;
      • deliver to the Company at such applicable address every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, the Member shall cooperate fully with the Company and its representatives;
    6. Insurance covering any theft or loss of personal belongings is not included. Member agrees that the Company is not responsible to the Member or to anyone else for any loss of or damage to Member’s or such other person’s/entity’s personal property caused by Member’s or their acts or omissions, those of any third party or, to the extent permitted by law, the Company’s negligence. Member hereby waives any claim against the Company, its agents, employees or affiliates, for loss of or damage to Member’s or anyone else’’s personal property, which includes, without limitation, property left in the Vehicle, caused by Member, by any third parties, to the extent permitted by law, by the Company’s negligence whether in whole or in part. Member agrees to indemnify and hold the Company harmless from any claim against the Company for loss of or damage to Member’s or a third party’s personal property that is connected with the Contract or use of the Vehicle under this Agreement.
    7. If the insurer repudiates liability under the MV Policy for any reason directly or indirectly caused by the Member, the Member will be liable for any and all damage to the Vehicle and liability to a third party or for Member’s own injuries to the extent permitted by law.
    8. The Member is to notify the Company immediately of any change in Member’s driving licence status.
    9. The Member is to notify the Company with a minimum of 3 working days in advance notice for the use of Vehicle out of Singapore, subject to insurer approval.
    10. Terms and conditions of the Company’s insurance described in this Section 4.H are subject to change without notice including, without limitation, coverage limits and the amount of any applicable deductible. Such changes shall be published on the Website and you agree that such changes shall be deemed to amend this Agreement as of the time such changes in the Company’s insurance come into effect. You may request the Company to provide you with a summary of the terms and conditions of such insurance then in effect.
    11. Notwithstanding any other section in this Agreement, the Member shall be responsible for loss of or damage to the Vehicle in the following situations:
      1. If Member has failed to comply with this Agreement, Member will be responsible for all damages to or loss of the Vehicle or for loss of use and for other administrative charges to the fullest extent permitted by law.
      2. Member is responsible for damage to or loss of the Vehicle or loss of its 0use while it is in Member’s possession resulting from any cause, including but not limited to collision, rollover, theft, vandalism, seizure, war, terrorism, strikes, riots, civil commotion, fire, flood, hail or other acts of nature or God, regardless of fault.
      3. Member shall be liable to pay to the Company on demand the costs of repair for damage to or loss of use of the Vehicle on top of the insurance excess. Member shall be liable to the Company for any loss of use to the Vehicle while it is undergoing repairs.
      4. Member is responsible for the full value of the Vehicle if it is established that Member committed, or aided or abetted in the commission of, the theft of the Vehicle.

5. Liability.
  1. Company’s Liability. The Company is not responsible for any damage or loss due to theft of any personal property during the Car Rental Period. Member acknowledges and agrees that no bailment is or shall be created upon the Company, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or at the Company’s premises.
  2. Limitation of Remedy.
    1. If the Company breaches any of its obligations under this Agreement and/or if the Vehicle has any mechanical failure or other failure not caused by Member, and if the Company is liable under applicable law for such breach or Vehicle failure, the Company’s sole liability to Member is limited to:
      1. the repair of the Vehicle;
      2. substitution of another similar Vehicle by the Company; or
      3. recovery by Member of the Car Rental Rate for the period in which Member did not have use of the Vehicle or a Substitute Vehicle.
(“Available Remedies”)
The Company shall have the right, in its sole discretion, to determine which of the Available Remedies to provide to the Member.
    1. Member waives all claims for consequential, punitive, and incidental damages that might otherwise be available to Member, and such damages are excluded and not available to Member

6. Mechanical Breakdown.
  1. Twenty-four (24) hour roadside assistance is free for all inherent mechanical faults (as determined by the Company or an authorized repairer) of the Vehicle. If the Vehicle requires repair or replacement, the Company shall provide a similar Vehicle, which may not be the same model as reserved, as a substitute (“Substitute Vehicle”). The model of the Substitute Vehicle may differ and is subject to availability. In the event that a Substitute Vehicle is required, the Company will contact the Member prior to the time of pick-up of the Vehicle and provide the Member with relevant details regarding the Substitute Vehicle.
  2. For roadside assistance please call +65 9828 1233.

7. Privacy and Telematics.
  1. Personal Identifiable Information. The Company may collect and use personally identifiable data about Member in accordance with the Company’s privacy policy. The privacy policy is available on the Website. Member accepts the terms of the privacy policy and any revisions thereto. Member agrees that the Company may disclose such information pursuant to the Company’s privacy policy and recipients may include law enforcement or other government authorities.
  2. Distribution. Member agrees that the Company may provide information in the Company’s possession about Member, including, but not limited to, Member’s name, address, driver’s licence and/or Payment Card information to applicable governmental authorities or other third parties, in connection with the Company’s enforcement of its rights under this Agreement.
  3. Telematics. The Vehicle may be equipped with electronic surveillance (“Telematics”) technology. The Company obtains data from Telematics equipment only to the extent permitted by law.

8. Electronic Transactions.
  1. Member’s Consent. Member consents to the Company’s use of electronic records to contract with Member and provide or make available to Member information via the Website or visibly referenced by a link contained in the Website, or by email (collectively, “Information”). This may include Information related to Member’s online enrollment or membership in the Company’s car rental program, Member’s car rental usage, legal notices, and disclosures.
  2. Withdrawal of consent. Member may withdraw consent to the Company’s use of electronic records at any time. Member’s withdrawal of consent will be effective the last day of the Car Rental Period, that is at least forty days after the Company has received a written letter mailed to the Company at the applicable address pursuant to Section 8 requesting such withdrawal and providing a mailing address where the Company may send future paper documents in lieu of electronic records. Member’s withdrawal shall only be effective prospectively.
  3. Email address. Member agrees to provide a valid email address for the purposes of receiving legal and other notices. Member may change the email address through the Website.
  4. Capability. Member agrees that by entering into this Agreement and making a Reservation for the use of a Vehicle through electronic means, Member has demonstrated Member’s ability to access Information in electronic form provided to Member and on the Company’s website.
 
9. Notice.

Any notice to the Company shall be provided in writing using the address applicable to your reservation. Those addresses are noted on the website under Contact Us. Phone numbers on our Website are provided for your convenience only, and phone calls shall not constitute notice to us. We may notify you at the address in your profile established pursuant to the Membership Agreement.


10. Miscellaneous.
  1. All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of Singapore.
  2. Member acknowledges and agrees that Member and the Company are the only parties to this Agreement. This Agreement is excluded from the application of the Contracts (Rights of Third Parties) Act.
  3. Member waives any claim against the Company, its agents, employees or affiliates, for any fees incurred, loss of or damage to Member’s or anyone else’s personal property, which includes, without limitation, property left in any Vehicle, caused by Member, by any third parties, to the extent permitted by law, by the Company’s negligence whether in whole or in part.
  4. The headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
  5. These terms and conditions are subject to change without notice. Such changes shall be published on the Website and you agree that such changes shall be deemed to amend this Agreement as of the time such changes in the Company’s terms and conditions come into effect.
  6. The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services and Member’s access to account, at any time without notice or if Member is found to be in breach of this Agreement.
  7. Member understands that by signing upon the Monthly Hire Contract, Member is executing this Agreement and bound by it.