Terms and conditions

Terms and conditions for 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, subject to availability, (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. Term

Unless otherwise indicated in these Terms, these Terms apply from the date of your booking of the Test Drive until return of the Polestar Vehicle at the agreed location in accordance with clause 4.2.

2. The Polestar Vehicle

2.1.

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

2.2.

Your booking will allow you one (1) Test Drive of the Polestar Vehicle during the time slot you selected when booking the Test Drive.

2.3.

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.

2.4.

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.

2.5.

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

3. Driver Requirements

3.1.

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:

3.1.1.

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

3.1.2.

are aged 21 years old or over.

3.2.

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

3.3.

All drivers must be 21 years old or over to participate in a Test Drive. Drivers between the age of 21 and 25 (inclusive) or over the age of 80 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.

3.4.

For clarity, you may not let another person drive the Polestar Vehicle during your Test Drive, except any other person nominated as a driver in the Test Drive booking.

3.5.

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. By accepting these terms and conditions you agree to 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, and instead request an alternative date following one week of no symptoms.

3.6.

You acknowledge and agree to the fact 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.

4. Use of the Polestar Vehicle

4.1.

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.

4.2.

You are responsible for the Polestar Vehicle during the Test Drive, including any damage to the Polestar Vehicle. The Polestar Vehicle must be returned in the same condition as when delivered to you. The Polestar Vehicle shall be returned to the location where it was collected and by the time agreed by Polestar.

4.3.

The Polestar Vehicle shall be returned in a clean and roadworthy condition. Should the Polestar Vehicle be returned in a condition which is not equivalent to that in which it was originally supplied to you (taking into account normal wear and tear), clause 5.2 below applies. Your Polestar Vehicle will be checked on return whilst you are present and we will note any obvious damage. However, this does not constitute the final assessment of the Polestar Vehicle. Polestar will have the Polestar Vehicle cleaned and then inspected by an experienced vehicle inspector on return to the Polestar demonstration centre. You will be notified of any charge within 3 business days of the return of the Polestar Vehicle.

4.4.

You shall not do anything in respect of or in connection with the Polestar Vehicle that may contravene applicable road rules or any other applicable legislation.

4.5.

The Polestar Vehicle is only to be used for personal use and under standard driving conditions unless otherwise expressly agreed with Polestar. You may only drive the Polestar Vehicle on public roads and must not drive the Polestar Vehicle off-road, on unploughed roads or in any place where there is a risk of damage to the vehicle. The Polestar Vehicle must not be used for hire and reward, rallying or motorsports, or taken off-road.

4.6.

Pets, smoking, eating or drinking are not allowed in the Polestar Vehicle during the Test Drive or otherwise.

4.7.

You are not allowed to remove any parts or accessories from the Polestar Vehicle nor to make any other changes to the Polestar Vehicle. Any items you remove from the Polestar Vehicle such as, but not limited to, parcel shelves, mats and charging cables, must be placed in the Polestar Vehicle before collection. Any shortages or missing items will be charged to you.

4.8.

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.

4.9.

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

4.10.

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

4.11.

In the event of failure to return the Polestar Vehicle by the time agreed by Polestar as the end of the Test Drive, Polestar reserves the right to enter your premises to repossess the Polestar Vehicle and you hereby 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.

4.12.

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

5. Risk

5.1.

You are liable for any injury to any person or third-party property which occurs during your Test Drive.

5.2.

If there is any loss or damage to the Polestar Vehicle during your Test Drive, you are liable for the loss or damage and must pay Polestar $1,000 to cover the insurance excess for the Polestar Vehicle. If the loss or damage is not claimed on Polestar’s insurance, you must pay Polestar for the full amount of loss or damage it incurs..

5.3.

You must immediately inform Polestar of any accident, theft or any damage whatsoever caused to the Polestar Vehicle or any part of it 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.

6. Fines, Penalties and Charges

6.1.

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.

6.2.

You authorise Polestar to charge any amount owed under these Terms (including any costs referred to in clause 5.2 or 6.1 above) to the credit or debit card you have provided to Polestar.

6.3.

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.

7. Warranty

You accept that Polestar gives no warranty of any nature relating to the Polestar Vehicle during the Test Drive. To the fullest extent permitted by law, Polestar excludes all warranties, conditions or other terms implied by statute or common law.

8. 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.

9. Indemnification

You shall indemnify Polestar for any and all costs, claims, loss or any damage of any kind resulting from your Test Drive and your obligations under these Terms, including but not limited to loss or damage to third party property and all liability for illness, injury or death of a third party as well as any costs, claims and damages that might occur as a consequence thereof. This indemnification shall not apply to the extent the loss, injury, illness or death is caused by the negligence of Polestar.

10. Force Majeure

Polestar shall be relieved of any liability arising out of any failure to fulfil an obligation under these Terms if the fulfilment is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism, epidemics, COVID-19 or governmental acts or interruption in utilities or any other cause beyond the reasonable control of Polestar.

11. Privacy

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

12. General

12.1.

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 https://legal.polestar.com/au/ethics/

12.2.

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.

12.3.

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.

12.4.

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.

13. 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.

14. Contact information

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

 

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