Test Drive

These terms and conditions (these “Terms”) apply between Polestar Automotive Australia Pty Ltd, ACN 645 163 202, a company incorporated under the laws of Australia (“Polestar”/”we”/”our”) and the individual (“you” / “your”) for the test drive of a Polestar vehicle,  (the “Polestar Vehicle”) booked through the Polestar Test Drive Portal, Polestar Australia Customer Support team or Polestar operators (the “Test Drive”).

By finalising the Test Drive vehicle booking and ticking the box confirming your acceptance of these Terms you confirm that you have read and that you agree to be bound by these Terms.

Polestar reserves the right to withdraw the Test Drive or to amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to you for doing so.

1. The Polestar Vehicle

1.1.

We will provide a Polestar Vehicle for your use during the Test Drive. We will not charge you anything for the Test Drive.

1.2.

Please note that the Polestar Vehicles available for the Test Drive are subject to availability. Polestar will use reasonable efforts to ensure that you will be able to test drive the chosen Polestar Vehicle but limitations in vehicle availability and unexpected events such as loss, errors or defects to the Polestar Vehicle, etc. means we cannot guarantee the chosen model or the availability of a Test Drive.

1.3.

The Polestar Vehicle will be made available to you at the location and time agreed upon as part of your booking of the Test Drive.

1.4.

We make no guarantees that the Polestar Vehicle you will be test driving contains certain features or extras.

2. Driver Requirements

2.1.

The Test Drive is open to Australian residents only. In order to be able to participate in a Test Drive you must be able to demonstrate that you:

2.1.1.

hold a current and valid full (not provisional) Australian driver licence; and

2.1.2.

are aged 21 years old or over.

2.2.

You will be required to:

2.2.1.

submit a copy of your driver licence and a current photo of you at the time of booking the Test Drive to allow Polestar to carry out driver licence checks, including with any relevant licensing authorities;

2.2.2.

present your driver licence at the beginning of your Test Drive and agree to your driver licence being copied for identification purposes. If you fail to present a driver licence that matches the driver licence provided at the time of booking the Test Drive, you will be unable to take the Test Drive.

2.3.

All drivers must be 21 years old or over to participate in a Test Drive. Drivers between the age of 21 and 24 (inclusive) or over the age of 75 will be accompanied by a Polestar representative during the Test Drive. You hereby declare that you are in good health, your eyesight is of the standard required for the road driving test of the state in which you obtained your driver licence and that you are not suffering any illness or disability which may make it unsafe for you to drive or others.

2.4.

For clarity, you may not let another person drive the Polestar Vehicle during your Test Drive.

2.5.

Due to the current global pandemic, in order to ensure the health and safety of all customers and staff we have taken all necessary precautions and your active participation in adhering to these safety guidelines is required to ensure a safe and comfortable experience. In particular you will not attend any Test Drives if you have had any symptoms related to COVID-19 in the 10 days prior to your booked Test Drive date, or anyone in your household or who you have come into contact with has had any symptoms in the 14 days prior..

2.6.

You acknowledge and agree that the Polestar Vehicle you will test drive will contain a GPS tracking unit for logistical and safety purposes which will track the Polestar Vehicle, including you and your passengers’ location when you are in the Polestar Vehicle.

3. Use of the Polestar Vehicle

3.1.

The Polestar Vehicle is provided for demonstration and personal evaluation purposes only and should not be used for any other purpose or subject to unreasonable use.  It should only be driven on public roads.

3.2.

Pets, smoking, eating or drinking are not allowed in the Polestar Vehicle.

3.3.

You are not allowed to remove any parts or accessories from the Polestar Vehicle nor to make any other changes to the Polestar Vehicle.

3.4.

You must ensure that the Polestar Vehicle is secure and kept locked and safe when not in use. When parking, you must ensure that the Polestar Vehicle is parked in a safe and legal place.

3.5.

During an accompanied Test Drive you must follow all reasonable instructions provided by the Polestar Test Drive Specialist.

3.6.

For any overnight or other extended Test Drives, the Polestar Vehicle must be returned with the same amount of charge that it had when it was provided to you.

3.7.

 You will return the Polestar Vehicle to the location where you collected it and by the time agreed with Polestar.

3.8.

In the event of you failing to return the Polestar Vehicle, you authorise Polestar to enter your premises to repossess the Polestar Vehicle and you agree to indemnify Polestar against all claims or rights of action arising therefrom. You must pay any costs incurred by Polestar in connection with your failure to return, or late return of, the Polestar Vehicle.

3.9.

If we request the return of the Polestar Vehicle for any reason, you must return it immediately.

4. Risk and damage

The Polestar Vehicle must be returned in the same condition it was in when collected by you (taking into account normal wear and tear).

4.1.

If there is any loss or damage to the Polestar Vehicle, or to any person or property caused by you during your Test Drive, you must pay Polestar $1,000 to cover the insurance excess for the Polestar Vehicle.

4.2.

You must immediately inform Polestar of any accident, theft or any damage whatsoever caused to or by the Polestar Vehicle during the Test Drive. You must provide a summary of the incident, photos of any damage and the details of any other person involved, including full name, phone number, driver licence number, vehicle registration number, insurance details and any other details required by Polestar.

5. Fines, Penalties and Charges

5.1.

You are liable for and shall promptly pay all costs, fines (including parking fines), traffic infringements, penalty charges (fixed or otherwise), tolls and/or congestion charges and related administration costs incurred in connection with the Test Drive of the Polestar Vehicle.

5.2.

You authorise Polestar to charge any amount owed under these Terms (including any costs referred to in clause 4.1 or 5.1 above) to the credit or debit card you have provided to Polestar.

5.3.

Please also note that Polestar will comply with its legal requirement and will provide information (including your name and address) in response to any requests from police and other relevant authorities, as well as private parking companies, toll road providers and operators, owners of roads subject to congestion charges etc., for the purposes of identifying the user of a Polestar Vehicle at a particular date and time in respect to any alleged speeding/parking fines/road fees/tolls; penalties and motoring offences and congestion charges. See section 11 below for more information about the disclosure of your personal information.

6. Liability

In no event shall Polestar, and its respective affiliates, be liable or responsible for any loss, damage or injury to any person or persons which may occur in connection with or arising out of the Test Drive and any failure to perform or delay in the performance of our obligations under these Terms, except for as may be required under mandatory law.

7. Indemnification

To the extent permitted by law, you shall indemnify Polestar for all costs, claims, loss or damage of any kind resulting from your Test Drive and your obligations under these Terms, except to the extent the loss, injury, illness or death is caused by the negligence of Polestar.

8. Privacy

We collect, hold, use and disclose your personal information in accordance with our collection statement and privacy policy.

9. General

9.1.

Each of the parties shall comply with applicable laws (including but not limited to those relating to privacy and data protection) and shall ensure it has in place adequate procedures to prevent bribery. Our code of conduct that apply to Polestar is available at polestar.com/au/legal/ethics

9.2.

If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.

9.3.

Polestar reserves the right to amend these Terms at any time without notice. The version of the Terms that will apply to your Test Drive will be those that applied at the time you booked your Test Drive.

9.4.

Polestar reserves the right to carry out and use any photography captured on test drives as they so wish. During an event, signage will be in place to inform all attendees that photography/ videography is being undertaken. If you would prefer to not be included in any photography, please inform a member of staff.

10.  Governing Law and jurisdiction

The construction, validity and performance of these Terms shall be governed in all respects by the laws in force in New South Wales, Australia and the parties irrevocably agree that the courts of New South Wales, Australia shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with these Terms.

11. Contact information

If you have any questions, please contact us via https://www.polestar.com/au/polestar-support/contact-form/.