Term & Conditions - Rydez

Term & Conditions

Modification To These Terms.

We can modify these Terms at any time, effective upon posting the amended terms on our website. If we make changes, we will amend the “Last Updated” date at the top of these terms. Nevertheless, each time that you use the Rydez app or website (together called the Platform), you will be prompted to confirm that you have read and agree to these Terms and it is your responsibility to do so. Continued use of the Platform and any services provided by Drivers to Passengers (Services) after any such changes will be on the basis of the changed Terms.

The Platform.

Rydez is New Zealand owned and operated. By allowing Passengers and Drivers (Users) to access the Platform, we enable Passengers who want to ride share to a particular destination within[link for Auckland Region]to connect with Drivers who are driving to those destinations and who are prepared to take Passengers. We don’t employ or engage Drivers in any way (they aren’t our employees or contractors or workers) –we simply provide a service to enable Drivers and Passengers to engage with each other through the Platform.

These Terms and Conditions (Terms) set out the basis on which we provide services to Passengers and to Drivers including the terms that apply to the use of the Platform. By agreeing to these Terms, you (whether you are a Passenger or a Driver) agree that these Terms constitute a binding agreement between us and you.

You don’t have to agree to these Terms but you won’t be able to use the Platform or obtain the benefit of our services unless you do agree to these Terms.

Users.

Through the Platform, each User must create a User Account, which will enable them to use the Platform. Each person may only create one User account. We reserve the right to shut down any additional accounts.

You are solely and fully responsible for all activities that occur under your User Account other than where a third party, to whom you haven’t disclosed your password, has independently hacked into the Platform and used or interfered with 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.

IMPORTANT:

  • Users who are Passengers who access and use the Platform for personal use are consumers as defined in the Consumer Guarantees Act 1993 (CGA) and in relation to services that we provide to them, are entitled to the benefit of the guarantees under that Act.
  • Users who are Passenger who access and use the Platform in trade i.e. they want to use the Platform to book rides with Drivers for business purposes, agree that the provisions of the CGA, and sections 9 (misleadingand deceptive conduct), 12A (unsubstantiated representations), and 13 (false or misleading representations) are contracted out of.
  • Users who are Drivers acknowledge that the services that we provide to them aren’t of a kind that are ordinarily acquired for personal domestic or household use so that they aren’t consumers under the CGA or the Fair Trading Act 1986. Should they be deemed to be consumers, they agree that the provisions of the CGA, and sections 9 (misleadingand deceptive conduct), 12A (Unsubstantiated representations), and 13 (false or misleading representation)are contracted out of.

4.       Services Provided To Passengers By Drivers – Contracts Between Them.

A Passenger is free to accept or decline Services i.e. services offered by Drivers through the Platform to transport Passengers to a particular destination. Drivers can accept or decline or cancel a request by a Passenger through the Platform to transport them to a particular destination.

Where a Passenger and a Driver agree with each other on transport to a particular destination, that’s an agreement between them –we aren’t a party to that agreement. However, by agreeing to these Terms, Users agree that the contracts between them for the provision of the Services include the terms that are provided for in these Terms (for example, as to payment of charges).

Passengers and drivers agree that it will be a term of their arrangement that they will treat each other with courtesy and respect.

5.       Charges and Payment Of Charges.

Ride Fees (Charges) include a base price and incremental charges based on the duration and distance of the ride. For particularly short rides, minimum Ride Fees may apply. Other fees may be included in the charges. The current charges are set out at, [link for Charges page] and are expressed in NZ dollars. All Charges are expressed inclusive of GST.

As to Cancellation Fees, refer to [link for Charges page], if a Passenger cancels a ride request on the Platform more than 5 minutes after the request is made, or makes repeated or frequent cancellations, or fails to show up for their ride in a timely manner, they will be required to pay a Cancellation Fee. We will be entitled to obtain payment of the fee on behalf of Drivers by using any payment method loaded on the Passenger’s User account.

Passengers agree with Drivers to treat Drivers vehicles with care and not to cause any damage and not to litter vehicles.

Passengers will be obligated to pay the Charges at the time that they use the Platform to book a ride. Though Charges are payable to Drivers, we collect payment on behalf of Drivers and statements will be in our name. We determine what the Charges will be and may modify them from time to time. The current Charges will be as published on the Platform.

Any dispute in relation to the Services provided by Drivers to Passengers is between those parties. This includes without limitation any request for a refund.

All payments of charges are facilitated through a third-party payment processing service. We may replace our third-party payment processing services without notice to Users. Cash payments are strictly prohibited.

Upon addition of a new payment method or each ride request, we may seek authorisation of your selected payment method to verify your payment method to ensure the ride cost will be covered and protect against unauthorised behaviour.The authorisation isn’t a charge, but it may temporarily reduce your available credit by the authorisation amount until your bank’s next processing cycle. Should the amount of our authorisation exceed the total funds on deposit in your account, you may be subject to overdraft charge by the bank issuing your debit or check card. We won’t be responsible for these charges and won’t be able to assist you in recovering them from your issuing bank.

6.       Relationship Between Rydez and Drivers.

Drivers use our services in trade, for the purposes of their business. Drivers aren’t our workers (whether as employees, independent contractors, or otherwise.) There is no agency or partnership or join venture between us. We provide a service that enables Passengers and Drivers to arrange rides. The contract for each ride is between Driver and Passenger.

Drivers have no authority to make any representations or statements on behalf of us or to bind us in any way, and must hold themselves out as our employees, contractors, agents, partners, or representatives.

It’s up to Drivers when and for how long they wish to use the Platform at their registeredcity region. Drivers may accept or decline or ignore a Passenger’s request for Services through the Platform, or to cancel an accepted request, subject to our then-current cancellation policies. (Our cancellation policies emailed to Drivers when any changes are made, or new policies are introduced and are also available on request.)

7.       PaymentOf Charges To Drivers.

We will use our best endeavours to pay all Charges to Drivers on a weekly basis (for the previous week), less our administrative Fee.Payment will be made to the bank account nominated by each Driver. Under no circumstances will be pay any interest if any payment is delayed. Payments will be net of any amount that we’re required to withhold by law.

Pending resolution of any dispute in this regard, we reserve the right to withhold all or part of Charges payable to Drivers if we believe that they have attempted to defraud us or abuse our payment systems.

In consideration of our making the Platform available for you as a Driver to offer Services, you agree to pay us an Administrative Fee based on the Charges payable by the Passengers for each ride. We may obtain payment of the Administrative Fee by deducting if from the payment of the charges that we will make to you.

The mount of the Administrative Fee,refer to [Link Driver Charges Details]. We may from time to time change the Administrative Fee and will notify you of any change by email. Continued use of the Platform after any notification of any change in the Administrative Fee will constitute acceptance by you of the change.

8.         Driver Representations and Warranties.

Each Driver represents and warrants that:

  • They have a valid driver’s license and are legally able and medically fit to operate a motor vehicle and to provide transportation to Passengers in New Zealand;
  • they aren’t disqualified from driving;
  • they have not been convicted of any offences concerning the consumption of alcohol and no charges are pending in that regard;
  • they have not been convicted of any offences concerning violence and no charges are pending in that regard;
  • when providing Services, they will only use the vehicle that they have listed with us through the Driver Application form;
  • they have the legal right to operate the vehicle;
  • the vehicle is in good operating condition, is certified as to fitness, is registered, and complies with all applicable statutory and regulatory motor vehicle requirements for a vehicle of its kind;
  • when providing Services, they will not transport more passengers than can securely be seated in such vehicle;
  • the vehicle is fully insured against all usual risks;
  • they will be solely responsible for any liability of any kind in relation to the provision of the Services;
  • where they are involved in any form of accident when providing Services, they will be solely responsible for compliance with any applicable statutory or regulatory  or insurance requirements in relation to reporting the accident and must advise us by no later than the business day after the accident of all details relating to the accident;
  • will immediately advise us if they are charged with, or convicted of any motoring offence that could result in, or that results in, driving disqualification whether or not the charge or conviction relate to any Services (where the charge could result in disqualification, we may, in our absolute discretion, terminate the Driver’s User account;
  • they will comply with all applicable laws, rules and regulations while providing Services;
  • they will pay all applicable taxes in relation to the provision of services;
  • they won’t discriminate against anyone on any ground that is prohibited by law or harass anyone
  • they won’t make any misrepresentation in relation to us, the Platform, the Services, or their legal status to provide the Services, or engage in any activity that is inconsistent with their obligations under these Terms -Drivers must not operate as or make out that they are operating as a public carrier or taxi service; and

agree that we may obtain information about them from time to time so that we can be satisfied that there are no charges pending or convictions contrary to the warranties above.

9.         General Terms.

9.1       Communications From Us.

You agree that we can forward communications to you via e-mail, and by text message and calls to the cellular telephone number you provided to us. Communications may include, butwill not be limited to communications concerning your User account, the use of the Platform (including as to new or changes features), promotions run by us or by third parties, and news about us.

You may opt-out at any time of receiving such communications by following the unsubscribe options provided in any such communications other than that we must have some way of communicating with you in relation to your User account, these Terms, and any changes to the Platform. In that regard, we can forward communications to those matters in such manner as you wish (provided that this is possible and practical for us). If you don’t want any communications of any kind, you would not be able to continue to be a User.

9.2       Your Personal Information.

Information about you (Personal Information) that you provide, publish on, post to or send through the Platform belongs to you.

You consent to us using your Personal Information to create and maintain your User account and to market our services to you. Please refer to our Privacy Policy [Link To Privacy Policy Page].

You are solely responsible for your what Personal Information you provide, publish on, post to or send through the Platform and how others may deal with or react to that information. We act only as a passive conduit for your online posting, publication, or sending of your information. In providing, posting, publishing or sending and Personal Information, you won’t engage in any prohibited conduct (as to which, see below).

9.3       Prohibited Conduct.

In relation to your use of the Platform and booking any Services, you won’t:

  • impersonate any person or entity;
  • transfer or sell you User account, or transfer, sell or disclose your password, or disclose your User account information to any other party or enable any other person to use your User account;
  • breach any law, statute, ordinance or regulation;
  • use the Platform in any way that infringes any of our or any third party’s intellectual property rights, copyright, patent, trademark, trade secret or rights of confidentiality or privacy -without limiting this provision, you won’t modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform;
  • post information or interact on the Platform in any manner that is false, inaccurate, misleading, deceptive, defamatory, offensive, abusive, threatening, harassing, or illegal or that infringes any third-party intellectual property rights (for example, copyright);
  • interfere with in any way or disrupt the Platform or any computer systems networks or devices that are connected to the Platform -without limiting this provision;
  • you won’t e-mail or otherwise transmit any malicious code, files or programmes designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • nor will you use any device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
  • do anything that would cause us to become subject to regulation as a transportation carrier or provider of taxi service; or
  • encourage or cause any third-party to do any of those things.

We may terminate your User account if you engage in any of the Prohibited conduct.

9.4       Proprietary Rights In The Platform And Our Name And Business.

We own all intellectual property rights of any kind in relation to the Platform, our name, any business or trading name, our business, and to these Terms. Those rights include without limitation all copyright, design rights, trade marks and all property rights to data (other than personal data belonging to Users) and other similar rights.

You agree that any suggestions or ideas provided by you to us in relation to the operation or appearance of the Platform or the operation or description or marketing of our business or in relation to the way in which Services are provided aren’t confidential and if we adopt them, will become part of our intellectual property, without the need for any payment to you.

If you provide Services as a Driver, you must not use any of our IP or represent that you are associated in any way with us.

9.5       Disclaimers.

The following disclaimers are made on our behalf an on behalf of each of ourrespective directors, employees, agents, and contractors. (Any provisions of these Terms that apply to our respective directors, employees, agents, and contractors are intended to be enforceable by them under Part 2 of the Contract and Commercial Law Act 2017.)

We will use our best endeavours to ensure that access to the Platform is accessible and reliable. However, we can’t guarantee access on a 24/7 basis. Nor can we guarantee that third parties with malicious intent won’t succeed in hacking into or interfering with the Platform. It’s possible therefore that the Platform or electronic communications sent through the Platform could be infected with viruses or other malicious code.

As set out previously, we don’t provide the Services. We simply introduce Passengers and Drivers, who contract with each other for the provision of Services, though the contract between them will include the provisions of these Terms that relate to Services. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

We can’t guarantee that a Passenger or Driver is who say they are and as noted previously, we don’t vet Passengers or Drivers. We recommend that Users use common sense when using the Platform and Services, including looking at photographs of Passengers or Drivers when engaging in Services.

Users are solely responsible for their interaction with other Users.

We won’t be liable or responsible in any way for opinions, advice, statements, offers, or other information or content made available through Platform by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Platform and to remove any material that in our sole opinion violates, or is alleged to violate, the law or these Terms.

If any links to third party websites are posted on the Platform or included in any communications that we send to you, we have no liability or responsibility for the content, safety, or suitability of those sites.

Location data provided by the Platform is for basic location purposes only -it isn’t intended to be precise.

9.6       Indemnity By Business Users.

This provision doesn’t apply to Passengers who use our services for personal use and applies only to Passengers who use our services in trade and to Drivers.

You will indemnify us and our respective officers, directors, employees, agents, contractors against any claims, actions, suits, losses, costs, liabilities and expenses (including costs as between lawyer and own client) that we incur or suffer relating to or arising out of:

  • your use of the Platform; Or
  • any breach by you of these Terms; Or
  • the provision of Services by you; Or
  • any breach of any law by you;

9.7       Limitation Of Liability To All Users.

We have no liability for in relation to any circumstances that are beyond our reasonable control, other than where the law requires otherwise and where we aren’t permitted to contract of out of liability. We have no liability where a User doesn’t comply with these Terms in the use of the Platform.

Under no circumstances will be liable for any loss of income or loss of profit whether resulting from any breach by us of these Terms or any other act or omission on our part.

9.8       Limitation Of Liability In Relation To Drivers.

Neither we nor any director employee agent or contractor of ours will have any liability of any kind (whether in contract, negligence, equity, or any other branch of law) resulting from any deletion corruption or loss of data, service interruptions (including without limitation inability to access or use the Platform), even if this results from any fault on our part.

As between us and Drivers, these Terms constitute the entire agreement between the parties as to its subject matter and all previous negotiations, understandings and agreements on that subject matter cease to have effect. Each Driver acknowledges that they haven’t relied upon any representations or statements made by us or on our behalf. In any case, we don’t accept any liability, whether in contract, tort (including negligence and negligent misstatement) or otherwise for any representation or statement that may have been made by us or on our behalf unless that representation or statement is expressly set out as a term of this agreement. Under clause 4, we have contracted out of section 9, 12A and 13 of the Fair Trading Act.

9.9       Termination Of User Account.

You may discontinue your use of the Platform at any time, for any reason.

We may suspend or deactivate your User account, or revoke your permission to access the Platform, at any time, for any reason, upon notice to you.

Where you User account is terminated, clauses 10.4 (other than for the grant of a License), clauses 10.5-10.8 and 10.10-10.13 shall survive.

9.10     Confidentiality.

You agree not to use or disclose any non publicinformation that relates to our business, or affairs (Confidential Information). Information that has become public through your wrongful use or disclosure is Confidential Information.

9.11     Assignment.

You agree that if we sell our business in relation to the operation of the Platform that we can assign to the purchaser all of our rights obligations and interest in our arrangement with you.

9.12     Notices.

You can give us any notice by writing to us or emailing us or texting us at the address or the email address or mobile phone number published on the Platform. We can give you any notice by writing to you or emailing you or texting you at the address or the email address or mobile phone number set out in your User account.

If a letter is posted, it will be deemed to have been received on the 6th business day after posting. (A business day is a day other than a weekend day or a public or statutory holiday.)

A text message is deemed to have been received on sending, provided that no message is received that the text failed to send, unless the recipient can prove that they didn’t received the text.

An email will be deemed to have been received once sent to you at the email address specified by you in your User account or sent to us at the email address published on our website provided that nonon delivery message has been received, unless the recipient can prove that they didn’t receive the email.

Notwithstanding those provisions, if any text or email is sent on a day that isn’t business day or is sent after 5:00pm, it’s deemed to have been received at 9:00am on the next business day.

9.13     Law.

These terms are governed by and are to be interpreted in accordance with the laws of New Zealand.

If any provision of these Terms is held to be invalid or unenforceable, it will not apply and the remaining provisions will apply.

9.14     Disputes.

Where there’s a dispute in relation to these Terms or your User account, we and you will each co-operate to try to resolve the dispute as amicably and quickly as possible, with as little cost as possible. If the dispute isn’t resolved, either of us can require that the dispute be referred to mediation. In that case, the mediator will be the person that we agree on or, if we can’t agree within 7 days of being notified that mediation is required, will be the person nominated by the president of the Auckland District law society on the application of either of us. The mediation procedure will be determined by the mediator but will be confidential and nothing said or done in the mediation will be able to be used in evidence in any legal proceedings. The costs of the mediator will be paid for by each party in equal shares. If the dispute isn’t resolved by the mediation, then either party can exercise whatever rights or remedies that they may have under the law.

Any dispute in relation to the Services provided by Drivers to Passengers is between those parties.