Toyota Mobility App – Terms of Use (Hourly Rental Drivers)

A. Important – Please read carefully.

​1. Definitions:

a) Accessories means ancillary equipment for use with the Toyota Mobility App.

b) Services means the use of the Vehicles, Accessories and Toyota Mobility App.

c) Terms of Use means the terms and conditions which govern your use of Toyota Mobility App in the Vehicles and Accessories.

d) Toyota Mobility App means the car sharing services, including telematics and other technology platforms, web and mobile applications which enable you to register, reserve, access, operate and rent the Vehicles.

e) Toyota Mobility App Account means a Toyota Mobility App user account.

f) Trademarks means all trademarks associated with the Services.

g) Vehicles means the vehicles which have Toyota Mobility App installed, owned by Bowater Motors Limited, trading as Bowater Toyota and rented using the Transport Service Licence of Bowater Toyota.

h) Rental Agreement means the agreement to rent the Vehicles issued by Bowater Toyota.

i) We, our, Toyota means Toyota New Zealand Limited.

j) You, your means the person who owns the email account used to access the Services.

2. The Toyota Mobility App includes GPS monitoring software which monitors, among other things, the location, speed and condition of the Vehicle.

3. You may be asked to sign a Rental Agreement in addition to these Terms of Use. In the event of any inconsistency between these Terms of Use and the Rental Agreement, the Rental Agreement will prevail.

4. We reserve the right to change or cancel the Services at any time with or without notice to you.

5. By accessing and using the Services you agree to be bound by these Terms of Use, which form a contract between you and Toyota and which we may amend at any time upon notice to you.  If you do not agree to these Terms of Use, you may not access or use the Services and if you do not agree to the amended Terms of Use you must cease using the Services or your continued use of the Services will constitute your acceptance of the amended Terms of Use. The prevailing version of these Terms of Use is posted at toyotamobility.co.nz/legal

6. The Vehicles, Toyota Mobility App, Trademarks, and all rights therein are the property of Toyota, its affiliates, partners, vendors or licensors.  These Terms of Use and your use of the Services do not convey or grant to you any right:

a) in or related to the Services except for the limited licence granted below; or

b) to use or reference in any manner whatsoever, the Trademarks. 

7. You agree that the Toyota Mobility App may incorporate proprietary content and information and material that is protected by intellectual property and other laws, and you agree that you will not use such content, information, or material in any way whatsoever except as permitted in connection with the use of the Toyota Mobility App.

8. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-sub-licensable and non-transferable licence to:

a) access and use the Vehicles.

b) access and use the Toyota Mobility App on your personal mobile device; and

c) access and use any content, information, and related materials that we make available to you through the Services, in each case solely in connection with your declared use of the Vehicles for personal and non-commercial use. 

9. Any rights not expressly granted herein are reserved by Toyota, and/or its affiliates, partners, vendors, or licensors. This licence is restricted to New Zealand. 

B. Signing Up

1. User Accounts

1.1. To use the Services, you must apply for a Toyota Mobility App Account by providing us with your name, address, a valid mobile phone number, a valid email address, date of birth, a copy of your valid full New Zealand driver’s licence and a valid credit card issued in New Zealand from an accepted payment partner (as an approved payment method). 

1.2. We will use this information, among other things, to determine your eligibility for a Toyota Mobility App Account, to manage your membership and your account, to provide you with the Services and to bill you for your use of the Services and related charges described in “Fees and Charges” below. 

1.3. By applying for a Toyota Mobility App Account, you consent to the collection, use and disclosure by Toyota of your personally identifiable information, all in accordance with the terms of the Toyota Privacy Policy found on toyota.co.nz/legal-and-privacy-policy/

1.4. You are responsible for your Toyota Mobility App Account. 

a) You may only possess one Toyota Mobility App Account which you must update and keep accurate.  If you do not update the information on your Toyota Mobility App Account (including payment card information), we may not allow you to access and use the Services.

b) You must immediately notify us if your driver’s licence is suspended or withdrawn for any reason or if your driver’s licence is expired. If your driver’s licence is suspended, withdrawn, or expired, for any reason, or you use the Vehicle without your driver's licence, your right to use the Vehicle expires immediately.

c) You are required to maintain the security and secrecy of your Toyota Mobility App Account username and password. 

d) You must not allow others to use your username and password to access Toyota Mobility App or website through your account; and

e) You are responsible for all activity on your Toyota Mobility App Account, with or without your permission or knowledge, which occurs before you give us notice of any unauthorized use.

2. Eligibility Requirements

2.1. You must meet and always maintain the following eligibility criteria to become and remain a Toyota Mobility App member and to use the Services: 

a) be at least 21 years old.

b) hold a valid full New Zealand driver’s licence for the with one year’s driving experience.

c) if you are under 26 years of age, have no more than one minor traffic violation (cell phone or distracted driving violations, failure to stop, seatbelt violation) committed within New Zealand.

d) if you are 26 years of age or over, have no more than two minor traffic violations (cell phone or distracted driving violations, failure to stop, seatbelt violation) in the past three years committed within or outside of New Zealand.

e) have no major traffic violations (such as speeding 30km or more over the speed limit, failure to report an accident, speeding in a school zone) in the past three years within or outside New Zealand.

f) have no driving related criminal/serious convictions (such as impaired driving, carrying hazardous substances, driving while licence under suspension, speeding 60km or more over the speed limit) in the past three years.

2.2. We reserve the right to revoke your eligibility for the Services at any time for any reason.

2.3. By applying for a Toyota Mobility App Account, you confirm that the registration information you have provided is complete and accurate and that you meet the eligibility criteria to become a Toyota Mobility App member. In addition, you understand that we are relying on your confirmation in evaluating your application and that we may, in our sole discretion, reject your application for a Toyota Mobility App Account or terminate your existing membership, whether or not you meet the eligibility criteria and without any obligation to provide any reason or justification for doing so.  Further you understand that we may change the eligibility criteria for a Toyota Mobility App Account or any part of the Toyota Mobility App Terms of Use at any time and without notice to you.

2.4. You may cancel your Toyota Mobility App Account at any time by notice to us in writing via the Toyota Mobility App.  Fees and other Charges are not refundable except where required by law.

3. Prohibited Uses

3.1. The Services may not be used by anyone who does not have a valid Toyota Mobility App Account in good standing with us and may not be used:

a) for commercial use, including carrying passengers or delivering food for pay.

b) without a reservation.

c) while operating a hand-held electronic device.

d) if the Vehicle has been obtained from us by fraud or misrepresentation.

e) if the Driver is under the influence of any intoxicating substance (whether or not below the legal limit).

f) if the Vehicle has been loaded beyond its rated capacity or with more passengers than the Vehicle has seat belts.

g) if every passenger’s seat belt has not been properly fastened.

h) for any illegal purpose or in any illegal manner.

i) for the purpose of towing, pushing, or propelling any trailer or any other vehicle.

j) for the purpose of transporting flammable, poisonous or other hazardous or dangerous goods.

k) in any race, test, or competition.

l) in a careless, reckless or negligent manner.

m) other than on unsealed and paved roads; and

n) by a valet service.

C. Using Toyota Mobility

​1. Authorised Drivers

1.1. Only you may drive the Vehicles during your reservation. If you permit another driver to use the Vehicle, we will suspend your Toyota Mobility App Account and you will be financially responsible for the breach of any by-laws or other regulatory requirements and you will be charged an Unauthorized Driver fee (see “Fees and Charges”). 

1.2. In addition, you will be financially responsible for the negligence of the driver, including the cost of recovering or replacing the Vehicle, repairing any damage to the Vehicle and/or any property belonging to third parties and for the damages associated with any personal injury to the occupants of the Vehicle and any other third parties.

2. Reservations

2.1. You may reserve a Vehicle on an as-available, first-come basis using the Toyota Mobility App.

2.2. We reserve the right to substitute a suitable Vehicle at no additional cost to you.

2.3. The length of each reservation must be a minimum of thirty (30) minutes and may be made up to seven (7) days in advance.

3. Pricing Structure

3.1. The price of the Services is set out in “Fees and Charges” and includes the cost of insurance and maintenance. 

3.2. We reserve the right to amend our pricing structure at any time without notice to you.

4. Payment & Billing

4.1. When you make a Toyota Mobility App reservation, we will charge the credit card you authorized us to use for the full amount of the estimated cost of your reservation (see “Fees and Charges”).

4.2. You are responsible for ensuring that you can pay the actual amount at the time that you make the reservation. If your payment method rejects this charge, your reservation will be cancelled. 

4.3. If you make a reservation which is not activated or cancelled more than 24 hours before the scheduled start time of the reservation, you will not receive a refund (see “Fees and Charges”) and you will forfeit your reservation.

4.4. If we revoke your eligibility for Services after we have charged your credit card for the estimated cost of your reservation, we will refund the amount charged to your credit card.

4.5. We start billing for your reservation at the earlier of the scheduled or actual start time. We will charge your credit card for the Services used by you. However, if you return the Vehicle prior to the end of your reservation, we will charge your credit card for an amount equal to the greater of:

a) the cost of your reservation; and

b) a 2-hour charge. 

4.6. If you return the Vehicle after the end of your reservation, we will also charge your credit card in one (1) minute increments for any additional use, and if the additional use amounts to 15 minutes or more, we will add the amount of the late return fee (see “Fees and Charges”) to the charges to your credit card.  All the foregoing is calculated using the rental fee indicated under the heading “Fees and Charges”. We will also charge your credit card for any other applicable fees and charges, such as late payment fees and excess kilometre charges (see “Fees and Charges”).

4.7. For example, if you reserve a Vehicle for four (4) hours and you return the Vehicle to us after using the Services for three (3) hours and 10 minutes, we will charge your credit card for four (4) hours use of the Services.  However, if you reserve a Vehicle for three (3) hours and you return the Vehicle to us after using the Services for three (3) hours and 10 minutes, we will charge your credit card for three (3) hours and 10 minutes of use.  If you reserve a Vehicle for three (3) hours and you return the Vehicle to us after using the Services for three (3) hours and 15 minutes, we will charge your credit card for three (3) hours and 15 minutes of use together with a late payment fee (see “Fees and Charges”).  

4.8. We will post a summary of charges and confirmation of payment on your Toyota Mobility App account.  

4.9. You are responsible for ensuring that you can pay the actual amount due upon completion of your reservation.  

5. Checking Your Vehicle Before Departure 

5.1. Before operating a Vehicle, you must inspect the interior and exterior of the Vehicle for any mechanical or physical defects, damage, soiling, and any missing documentation (such as the owner’s manual or registration slips) or equipment (such as the phone holder).  If you discover any Vehicle damage, you must report any damage to us by using the Pre-Trip Inspection Survey on the Toyota Mobility App, or emailing us at mobility@toyota.co.nz, and including the licence plate number of the assigned Vehicle. This ensures that you will not be held responsible for any damage that may have happened before your reservation.

5.2. If you forget to notify us and the next driver reports the damage, we may hold you financially responsible for the damage.  

6. Vehicle Care

6.1. We expect you to drive the vehicles safely and with the utmost care. We reserve the right to suspend your Toyota Mobility App Account if we determine, in our sole discretion, that you are not taking the utmost care, or you are driving unsafely.

a) Smoking is prohibited in all Vehicles. You are required to ensure that no one smokes in the Vehicle while it is in your possession otherwise you will be charged a professional detailing fee (see “Fees and Charges”) and we may terminate your Toyota Mobility App Account.

b) Due to allergies and sanitary concerns, pets, except for service animals, are only allowed in the Vehicle if they are locked in a pet carrier. 

c) You are expected to return a Vehicle in the same condition as you found it.

d) You are responsible for fuelling the Vehicle while in use and for returning the Vehicle with the fuel tank full. If the fuel tank is not full when you return the Vehicle, you will be charged a fee (see “Fees and Charges”).

e) You are not responsible for normal wear and tear on the Vehicle.

7. Returning the Vehicle

7.1. You must return your Vehicle to its assigned location by the end of your reservation. You are not allowed to return the Vehicle to a location other than its assigned location without our permission. 

7.2. If the Vehicle is not returned by the end of your reservation and we have not received communication from you sufficiently explaining the situation, we will consider the Vehicle stolen and you may be charged for the total cost of recovering the Vehicle (see
“Fees and Charges”), including but not limited to labour and towing costs.

7.3. When you return the Vehicle, you must ensure the following, even if another driver is waiting for the Vehicle:

a) the interior of the Vehicle, including the rear where your passengers have been, is clean (absent of remnants of mud and snow, etc.) and you have taken all of your rubbish and personal belongings or you will be charged a clearing out fee (see “Fees and Charges”).

b) the fuel tank is full, or you will be charged a fee (see “Fees and Charges”).

c) you have notified us of any new damage to the Vehicle. 

d) the Vehicle is locked, the windows are closed, and the Vehicle is entirely contained within its reserved parking spot. If the Vehicle is not properly secured, or the phone holder, or Vehicle documentation is not returned with the Vehicle, you may be charged a fee (see “Fees and Charges”) and you will be responsible to pay for any damage to our Vehicles or equipment as a result of another person entering the Vehicle while it is unlocked or otherwise unsecure (see “Fees and Charges”).

e) you have submitted a Post-Trip Inspection Survey and photos documenting the condition of the entire exterior of the Vehicle during the checkout process.  If you fail to complete a Post-Trip Inspection Survey and submit at least four (4) photos documenting the condition of the entire exterior of the Vehicle during the checkout process, you will be prevented from ending the reservation and you may be charged a fee (see “Fees and Charges”); and  

f) the Vehicle’s reservation is terminated via the Toyota Mobility App.  

7.4. If you cannot return the Vehicle on time, you should attempt to extend your reservation and contact us to let us know that the Vehicle will be a late return.  You will be charged for any additional use in one (1) minute increments, calculated using the rental fee indicated under the heading “Fees and Charges” and you will be charged a late return fee if you return the Vehicle 15 minutes or more after the scheduled end of your reservation (see “Fees and Charges”).

7.5. We are not responsible for any lost, damaged, or stolen personal belongings left in or on a Vehicle at any time.

8. Cleaning Policy

8.1. If your Vehicle needs to be cleaned when you return it, please contact us immediately by emailing mobility@toyota.co.nz and we can help you.  The amount you will be charged for cleaning will depend on the type of cleaning that is required (e.g. professional detailing or clearing out belongings) (see “Fees and Charges”). 

9. Emergencies 

9.1. We offer 24-hour emergency assistance by calling 06 350 3721 for the following situations requiring immediate attention:

a) your Vehicle is not in its assigned location. 

b) your Vehicle doors will not unlock or lock.

c) your Vehicle won’t start.

d) you are unable to park the Vehicle in the correct location.

e) you are running late and unable to extend your reservation because another driver has reserved the Vehicle after you.

f) the Vehicle is displaying a warning light or has a mechanical issue; and 

g) you need roadside assistance, such as a flat tire repair or dead battery charge. 

9.2. For all other issues, please call our driver services line at 06 350 3721. ​

10. Breakdowns, Accidents, and Damage 

10.1. You must immediately report any accidents involving the Vehicle, including all accidents involving a pedestrian, and if appropriate, any breakdown or damage to the Vehicle that occurs during your access to the Vehicle, to the Police.

10.2. In the case of an accident, you are also required to obtain and provide us with the following:

a) a copy of the driver’s licence, of the other driver(s) involved in the accident,

b) pictures of the licence plates of, and any damage to, any vehicles involved in the accident, including your Vehicle;

c) the names of any available witnesses; and

d) evidence from any available witnesses,

10.3. You may not continue your reservation after an accident unless we give you explicit permission to do so. 

10.4. You agree to cooperate fully with us in the investigation and defence of any such claim or lawsuit. 

10.5. If you were driving while intoxicated at the time of the accident, you may be liable for the entire cost of the Vehicle repair or replacement and any claims for personal injury or property damage made by the occupants of your Vehicle or any third parties.

10.6. You are responsible for any damage to any of the Vehicle’s in-vehicle systems or hardware resulting from use or tampering.

D. Administration

11. Insurance and Deductibles

11.1. We only grant permission to you to operate a Vehicle.  Accordingly, the Third Party Liability and Collision and Comprehensive Insurance for the Vehicle (see below) will not apply to protect an unauthorized driver, or to protect you in connection with a loss caused by an unauthorised driver. 

11.2. If you operate a Vehicle in breach of these Terms of Use or the terms of our Third Party Liability and Collision and Comprehensive Insurance, there may be no protection under the insurance, resulting in personal financial exposure for you to a third party claimant, the insurer, or us.  Your liability could include, amounts claimed by a third party, reimbursement of a Third Party Liability Insurer or Collision and Comprehensive Insurer for amounts that it has paid, and reimbursement of us for amounts that we have paid, including any insurance deductible.

11.3. We have placed Third Party Liability Insurance, Collision and Comprehensive Insurance coverage on the Vehicle. If you are involved in a collision or other incident involving the Vehicle, or the Vehicle is damaged beyond repair or stolen and our insurance provides coverage for damage to, or the loss of, the Vehicle, you will be required to pay up to a $2,500 damage fee and we will temporarily suspend your Toyota Mobility App Account. 

11.4. You are not permitted to drive the Vehicle if you are driving under the influence of alcohol or drugs or if your driver’s licence is suspended.  If you are involved in an incident while you are driving under the influence of alcohol or drugs or while your driver’s licence is suspended, we will suspend your Toyota Mobility App Account and you will be financially responsible for the cost of recovering or replacing the Vehicle, the cost of the repair of any damage to the Vehicle and any damage to any property belonging to third parties and for the damages associated with any personal injury to the occupants of the Vehicle and any other third parties. 

11.5. You may be required to pay a damage fee of up to $2,500 for damage including but not limited to, dents, scratches, collisions, flat tires, windshield cracks, dead batteries, engine problems and vandalism to the Vehicle(s). 

11.6. The damage fee may also be charged to you for stolen, lost or damaged Accessories and/or any other damage to the Vehicle(s or Toyota Mobility App or any other property belonging to Toyota, its affiliates, partners, agents and vendors.

12. Traffic and Parking Tickets

12.1. If you receive a traffic or parking ticket while using the Vehicle, it is your responsibility to notify us and pay the charges promptly.

12.2. Upon our request, you agree to provide us with proof of payment of any fines and/or charges related to the Vehicle and imposed by any governmental authority during your reservation. If you do not pay the charges, even if you intend to contest the charges, we will charge you immediately for the charges, including an administration handling fee (see “Fees and Charges”), and we will refund the charge to you by crediting your Toyota Mobility App account, including the administration handling fee, upon proof of successful contest.

12.3. You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines, or charges.

13. Toll Highway

13.1. We do not pay for the cost associated with using toll roads.  If you use a toll road and do not pay the required toll, we will charge you for the costs associated with the use of the toll road, including all tolls, fees, and other charges we may incur as a result.​

14. Towing and Impoundment

14.1. If the Vehicle is towed and/or impounded during your reservation, you will be charged for our costs associated with obtaining the Vehicle from impound, an impound processing fee and any applicable late fees (see “Fees and Charges”), and any applicable loss-of-use costs.

15. Maintenance and Repairs 

15.1. You are required to notify us immediately if a warning light appears on the dashboard of the Vehicle or you hear noise from the Vehicle.  If you do not notify us immediately, you may be charged for any losses we incur as a result of your negligence.

16. Fees and Charges​

16.1. We reserve the right to amend our pricing structure at any time upon notice to you.  If you continue to use the Services, you are deemed to have accepted our revised pricing structure.

16.2. You will also be required to pay certain fees and charges related to your use of a Vehicle, including, but not limited to the following:​

17. Automatic Suspension

17.1. Your permission to drive on the Toyota Mobility App service is automatically suspended if you are charged with driving recklessly or without due care or with any related vehicular offence, including: 

a) Operating a motor vehicle while impaired 

b) Operating a motor vehicle dangerously 

c) Failure to stop at the scene of an accident ​

18. Termination by You

18.1. You may terminate this Agreement at any time, for any reason or for no reason, by notifying us via email at mobility@toyota.co.nz that you are terminating your Toyota Mobility App Account.  ​

19. Indemnification and Hold Harmless ​

19.1. You agree to defend, indemnify and hold us and our parent and affiliates and their respective directors, officers, employees, agents, successors and assigns, harmless from all losses, liabilities, and expenses whatsoever (including without limitation damages, interest, penalties and reasonable attorneys’ fees) directly or indirectly arising out of or relating to the Services, the Vehicle, your use of the Vehicle (including without limitation, claims of or liabilities to third parties), your breach of any of your obligations, representations or warranties under these Terms of Use; any misrepresentation, criminal behaviour or gross negligence attributable to you. You agree to fully cooperate with Toyota in the defence of any claim defended by you pursuant to your indemnification obligations hereunder and will not settle any such claim without the prior written consent of Toyota.

20. Limitation of Liability​

20.1. In no event will Toyota be liable to you or any third party for any indirect, incidental, consequential, special, punitive, exemplary or consequential damages (including, without limitation, lost profits, loss of use) arising from or related to these terms, the Services you use of any Vehicle and/or your release on the Services and/or the Vehicle regardless of the cause of auction or the theory of liability, whether in contract, tort (including negligence, gross negligence, fundamental breach, breach of a fundamental term) or otherwise.

20.2. To the maximum extent permitted under applicable law, Toyota’s aggregate liability to you shall be limited to direct damages incurred by you up to the amount you spent on the Services which are the subject of the claim in the prior six (6) month period.​

21. Personal Property 

21.1. We are not responsible for any loss or damage to any personal property in or around any Vehicle or any premises from which you can access or utilize the Vehicles and/or the Services. 

22. Disclaimer of Warranties 

22.1. Except as prohibited under applicable law, the Services and the Vehicle are provided to you on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind. Toyota herby disclaims all express, implied, collateral or statutory warranties, representations and conditions, whether written or oral, including any implied warranties or merchantability, merchantable quality, compatibility, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality, integration or fitness for a particular purpose or use, or any warranties or conditions arising out of course of dealing or usage or trade, except as prohibited under applicable law, Toyota does not warrant that the services or any vehicle (or part thereof) will be free from any defect or operate in any specific way or that maintenance issues care or will be corrected. Without limiting the generality of any of the forgoing, Toyota expressly disclaims any representation or warranty that any information provided in connection with your use of the services, or the vehicle can or should be relied upon by you for any purpose whatsoever.​ 

23. Choice of Law 

​23.1. These Terms of Use and any action related thereto will be governed by and construed in accordance with the substantive laws New Zealand. Subject to the arbitration obligations below, the Parties will initiate any lawsuits in connection with these Terms of Use in Palmerston North, New Zealand, and irrevocably attorn to the sole and exclusive personal jurisdiction and venue of the courts sitting therein.

​24. Arbitration 

24.1. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or related to these Terms of Use and/or the use or reliance on the Vehicle and/or the Services, including any question regarding the existence, interpretation, validity, breach, or termination of these Terms of Use shall be referred and finally resolved by arbitration in Palmerston North, New Zealand under the NZDRC Arbitration Rules. The arbitration shall be conducted by a single arbitrator sitting in Palmerston North, and the arbitration shall be conducted in English. 

25. Costs of Collection

​25.1. If you do pay any amounts owed hereunder when due, you agree to pay for our costs incurred in seeking to collect such amounts from you, including, without limitation, court costs and our reasonable legal fees.  

26. No Waiver

26.1. Our failure to exercise any right or privilege under these Terms of Use shall not constitute a waiver of our right to exercise such right or privilege or our right to exercise any other right or privilege.  

27. Severability​

27.1. If any single part of these Terms of Use is found to be invalid, illegal, or unenforceable, it shall not affect the validity, legality, or enforceability of any other provision of these Terms of Use. 

28. Termination/Remedies

28.1. We reserve the right to terminate the licence granted hereunder and your ability to use the Services at any time for a breach of any of these Terms of Use or for any other reason, in our sole and absolute discretion.

28.2.   In addition to imposing fees and charges, we may repossess a Vehicle at any time, without notice, if we determine that the Vehicle was used in violation of applicable law or these Terms of Use.