Rides Limited Terms and Conditions
01 July 2015
THIS FOLLOWING AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH RIDES LIMITED OFFERS YOU ACCESS TO THE RIDES PLATFORM AND SERVICES.
1. These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Rides Limited (“Rides,” “we,” “us” or “our”), governing your use of the application, website, and technology platform (collectively, the “Rides Platform”).
2. The Rides Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to as “Users”. Each User must create a User account in order to access the Rides Platform. The Service provided by Rides to Users of matching requests for a ride/drive, through the Rides Platform shall be referred to as the “Services”.
3. RIDES DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE RIDES PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE RIDES PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT A RIDE MATCHED THROUGH THE RIDES PLATFORM SHALL BE AT THE USER’S SOLE DISCRETION. ANY RIDE PROVIDED BY A DRIVER TO A RIDER AND ANY AGREED MONETARY CONTRIBUTION FOR THE RIDE (“CONTRIBUTION”) SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
4. By creating a User account and using the Rides Platform, you expressly acknowledge and agree to be bound by the terms of this Agreement. . IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RIDES PLATFORM OR THE SERVICES.
Modification to the Agreement
5. We reserve the right to modify the terms and conditions of this Agreement at any time. Any changes to this Agreement shall be effective upon posting the amended terms on the Rides Platform. If we make changes, you will be notified the next time you access your User account. You are responsible for reviewing any changes made to this Agreement. Continued use of the Rides Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Rides Platform or the Services.
6. You may only use the Rides Platform and Services if you are an individual and can form legally binding contracts. Without limiting the foregoing, the Rides Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. Drivers must have a valid Driver’s Licence and a valid car registration and Warrant of Fitness. Both Riders and Drivers must supply proof of identification and complete the account registration process.
7. By becoming a User, you represent and warrant that you are at least 18 years old, all the information provided in your registration is true, and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
8. With respect to your use of the Rides Platform and your participation in the Services, you agree that you will not:
a. provide false information or impersonate any person or entity;
b. disclose, sell or transfer your User account details, including any access details such as logons and passwords to any other person;
c. stalk, threaten, or otherwise harass any person, or carry any weapons or otherwise act in an inappropriate manner when using the Services;
d. violate any law, statute, ordinance or regulation;
e. interfere with or disrupt the Services or the Rides Platform or the servers or networks connected to the Rides Platform;
f. post information or interact on the Rides Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
g. use the Rides Platform in any way that infringes any third party’s rights, including: intellectual Property Rights, or other proprietary rights or privacy rights;
h. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
i. disguise the origin of any information transmitted through the Rides Platform;
j. “frame” or “mirror” any part of the Rides Platform, without our prior written authorisation or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website or link directly or indirectly to any other web sites for any purpose; or
k. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Rides Platform or any software used on or for the Rides Platform;
l. rent, lease, lend, sell, redistribute, license or sublicense the Rides Platform or access to any portion of the Rides Platform;
m. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Rides Platform or its contents;
n. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service; or
o. cause, encourage or allow any third party to engage in any of the restricted activities above.
9. We reserve the right (but we have no obligation), to suspend or deactivate your User account if you do not comply with these restrictions.
10. Rides Credits. Charges for the use of the Services will be deducted from the Users’ account (both Rider and Driver) at a rate of 1 rides credit (“RC”) every time a ride match is accepted. In relation to RCs:
a. The User’s account must be loaded with RCs in order to offer or request a ride, or accept an offer of a ride.
b. RCs must be purchased through the credit card payment facility provided by the Rides Platform.
c. Rides may change the pricing for RCs at its discretion. Any modified price for RCs shall become effective when it is posted on the payments page.
d. Any RCs purchased prior to a price change are not affected by any price change.
e. RCs will expire one year from the date of their purchase.
f. Rides reserves the right to withhold all or a portion of your RCs if it believes that you have attempted to defraud or abuse Rides or the Rides’ payment systems.
11. Rides’ Fees. Rides’ Fees consist of a fee charged by us in the form of RCs deducted from your User account each time you accept an offer/request for a ride through the Rides Platform.
12. Cancellation Fee. In the event that you cancel a ride offer/request on the Rides Platform more than 3 minutes after such offer/request is accepted, make repeated or frequent cancellations (being more than once a fortnight), or fail to show up for your ride in a timely manner (being more than 5 minutes following the agreed pick up time), you agree to pay the Rides’ Fee regardless of whether the ride is taken or given.
13. Refunds. Refunds of RCs will be provided to the Users’ account if there is a cancellation within 3 minutes after a request/offer of a ride. Subject to any legal rights that are unable to be excluded by law, a no-refund policy shall apply at all other times regardless of your decision to terminate usage of the Rides Platform, any disruption to the Rides Platform or Services, or any other reason whatsoever.
14. Facilitation of Payments. Purchase of RCs is facilitated through a third-party payment processing service. Rides may replace its third-party payment processing services at its discretion without notice to you.
15. Contributions. A Contribution is the reasonable amount requested by the Driver to contribute towards their vehicle operation and maintenance (fuel and wear and tear) proportional to the distance travelled . Contribution amounts must be displayed with the ride offer. Contributions may be paid in cash or any other means agreed between Driver and Rider (e.g. mobile-to-mobile payments).
16. Your information is any information you provide, publish or post to or through the Rides Platform including any personal information that identifies you (“Your Information”). You consent to us using Your Information as set out in clauses 21 and 22:
18. You are solely responsible for Your Information and your interactions with other members of the public, and we act only as a passive conduit for your posting of Your Information. You agree to maintain Your Information with us as accurate, current and complete so that we and other Users may rely on it.
20. You are the sole authorised user of your account. You are responsible for maintaining the confidentiality of any passwords and access details for accessing the Rides Platform. You are solely and fully responsible for all activities that occur under your User account, and Rides expressly disclaims any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorised party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Use of Your Information
a. create a User account to provide you access to the Rides Platform;
b. provide you with, and enable you to participate in, the Services;
c. help us efficiently operate the Rides Platform and process your transactions;
d. contact you in connection with your transactions and other activities on the Rides Platform (including to forward trip information to you from other Users, to forward trip information from you to other Users, and to contact you and others to suggest potential matches);
e. enable other Users to search your profile, to determine whether your trip details fit other User’s requirements, and to communicate with you;
f. improve the Rides Platform and Services;
g. provide you with promotional material from us or third parties and share demographic information with advertisers on an anonymous and aggregated basis; and
22. We may disclose Your Information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of Users, Rides or other visitors to the Rides Platform. We also may disclose Your Information to our other related legal entities (if any).
23. By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us including operational communications concerning your User account or use of the Rides Platform or Services, updates concerning new and existing features on the Rides Platform, communications concerning promotions run by us or our third party partners, and news concerning Rides and industry developments.
24. If you wish to opt-out of emails, text messages, or other promotional communications, you may opt-out by following the unsubscribe options provided to you in the communications or on the Rides Platform. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Rides Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Rides Platform or the Services.
25. By registering as a Driver on the Rides Platform, you represent, warrant, and agree that:
a. You will pick up a Rider at the agreed time and location and deliver the Rider to the agreed destination in a timely manner without any unreasonable detour or delay.
b. You possess a valid and current driver’s license and are authorised and medically fit to operate a motor vehicle in New Zealand.
c. You own, or have the legal right to operate, the vehicle you use when offering/providing a ride, and such vehicle has a valid and current Registration and Warrant of Fitness.
d. You will only offer/provide a ride using the vehicle that has been reported to, and for which a photograph has been provided to, Rides, and you will not transport more passengers than can securely and legally be seated in such vehicle.
e. You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of a ride, including, personal injuries, death and property damages.
f. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory, regulatory or department of motor vehicles requirements and for any obligations with regard to your insurer.
g. You will comply with all applicable laws, rules and regulations while providing a ride and you will be solely responsible for any violations of such provisions.
h. You will not charge any amounts from the Rider, except for the previously agreed Contribution stipulated in the matching performed by us. You agree to ask for a Contribution of a reasonable amount to cover only for the cost of your vehicle operation and maintenance and proportional to the distance of the ride offered.
i. You acknowledge that you are aware of the Land Transportation regulations in regards to charging for driving services and that if you do so you’ll be in a breach of this Agreement.
j. You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
k. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorisations requested by us to facilitate our access to such records during the term of the Agreement.
26. By registering as a Rider on the Rides Platform, you represent, warrant, and agree that:
a. You will be available for pick up by a Driver at the agreed time and location.
b. Any Contribution to a Driver following a ride is due and payable immediately upon completion of the ride and must be made in cash or by any other means agreed between Rider and Driver (e.g. mobile-to-mobile payments).
c. You will not cause any damage to the Driver’s car and will not behave in a manner that disrupts the Driver.
d. You will be solely responsible for any and all liability that results from or is alleged as a result of your behaviour during a ride, including personal injuries, death and property damages.
Proprietary Rights and Trade Mark License
27. All Intellectual Property Rights in the Rides Platform shall be owned by us absolutely and in their entirety. These rights include database rights, software, copyright, patents, design rights, trademarks, trade names including whether registered or unregistered and any other similar rights wherever existing in the world together with the right to apply for protection of the same (“Intellectual Property Rights”). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and shall become the sole property of Rides to use at its discretion without acknowledgment or compensation to you.
28. The word “RIDES”, the “RIDES” logos, designs, graphics, icons, scripts and trade names are our Intellectual Property Rights (collectively, the “Rides Marks”).
29. You agree that you will not use or reproduce the Ride Marks or any derivatives of the Rides Marks other than in accordance with the terms of this Agreement unless expressly approved by Rides in writing.
30. You agree that you will not take any action that would jeopardize or impair our rights as owner of the Rides Marks or the legality and/or our enforceability of the Rides Marks, including challenging or opposing Rides’ ownership in the Rides Marks or applying for registration of the Rides Marks.
31. If you create any materials bearing the Rides Marks (in violation of this Agreement or otherwise), you agree that upon their creation Rides exclusively owns all right, title and interest in and to such materials, including any modifications to the Rides Marks or derivative works based on the Rides Marks. You further agree to assign any interest or right you may have in such materials to Rides, and to provide information and execute any documents as reasonably requested by Rides to enable Rides to formalise such assignment.
32. The following disclaimers are made on behalf of Rides, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers:
a. The Rides Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Rides Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
b. We do not warrant that your use of the Rides Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Rides Platform will be corrected, or that the Rides Platform is free of viruses or other harmful components.
c. We take reasonable measures to confirm the identity of Users by requesting copies of documentary evidence of identification. However, we cannot guarantee that each User is who he or she claims to be. We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged ride. Rides is not responsible for any damages to the Driver’s vehicle during a ride, regardless of the damage being caused by a Rider. All rides are at your own risk.
d. We do not accept responsibility or liability for any content, communication or other use or access of the Rides Platform by any persons in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider whenever required prior to any ride by the means provided for communication by the Rides Platform.
e. Rides is not responsible for the conduct, whether online or offline, of any User of the Rides Platform or Services. You are solely responsible for your interactions with other Users. By using the Rides Platform and participating in the Services, you agree to accept such risks and agree that Rides is not responsible for the acts or omissions of Users on the Rides Platform or participating in the Services.
f. We are not responsible for the use of any of Your Information that you disclose to other Users on the Rides Platform or through the Services. Please carefully select the type of information that you post on the Rides Platform or through the Services or release to others. We disclaim all liability for the acts or omissions of other Users (including unauthorised users, or “hackers”).
g. Opinions, advice, statements, offers, or other information or content made available through the Rides Platform including links to third party websites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Rides Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Rides Platform and remove any such material or links at our sole discretion.
h. Location data provided by the Rides Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Rides, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Rides Platform. Any of Your Information, including geolocational data, you upload, provide, or post on the Rides Platform may be accessible to Rides and other Users of the Rides Platform.
Limitation of Liability
33. The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire the Services from us for the purposes of a business in terms of sections 2 and 43 of that Act
34. Except to the extent that the law prevents us from excluding liability and as expressly provided for in clause 35, we, our affiliates, or each of our respective officers, directors, employees, agents, shareholders or suppliers, shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from work or goods provided by us to you.
35. To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from our breach of this Agreement or for any other reason, such liability is limited to the amount of the actual fees paid by you for the Services in the last 6 month period.
36. You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Rides Platform and participation in the Services, including:
a. your breach of this Agreement or any documents it incorporates by reference;
b. your violation of any law or the rights of a third party, including Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
c. any allegation that any materials that you submit to us or transmit through the Rides Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other Intellectual Property Rights or other rights of any third party;
d. your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
e. any other activities in connection with the Services.
37. The above indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
38. In the event that you have a dispute with one or more Users, you agree to release Rides (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Rides Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
39. You may discontinue your use of the Rides Platform or participation in the Services at any time, for any reason. We reserve the right to suspend or deactivate your User account or refuse access to the Rides Platform to any User for any reason. Either party may terminate the Agreement for any reason upon written notice to the other party.
40. In the event of any dispute between you and Rides, you and we shall in the first instance attempt to resolve the dispute between ourselves. If the dispute cannot be resolved between you and us within 14 days of the dispute being notified in writing by one party to the other, either party has the option to pursue any remedies available at law.
41. Where urgent interlocutory relief is required neither you nor Rides are required to attempt to resolve the dispute between ourselves first.
42. To resolve a complaint regarding the Rides Platform or Services, you should first contact our email address firstname.lastname@example.org
43. You and Rides are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
44. Any notices to you shall be provided to you through the Rides Platform or given to you via the email address you provide to Rides during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by postage prepaid mail to the address provided to Rides during the User registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
45. This Agreement is governed by and construed in accordance with the current laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand for any disputes or proceedings arising out of or in connection with this Agreement.
46. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Rides, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The use of the word “including” or similar does not infer any limitation. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. Any clause which by its nature is intended to survive the termination or expiration of this Agreement, will survive the termination or expiration of Agreement. This Agreement sets forth the entire understanding and agreement between you and Rides with respect to the Rides Platform and Services.