Terms and Conditions

TERMS OF USE

1. GENERAL

This document is an electronic record that is generated by a computer system and does not require any physical or digital signatures.

The domain name kingcabs.co.nz, including its online services, such as use of software on Website/App and information, articles, products and text, graphics, images and information obtained from any User and any other material contained on the Website is owned and operated by King Cabs Ltd, having its registered office at 1/52 Arran Crescent, Woolston, 8062, Christchurch, New Zealand. Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

c.1.      The term ‘You’ or ‘User’ shall mean any legal person or entity accessing using this Website to services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Contract and Commercial Law Act 2017;

c.2.      The terms ‘We’, ‘Us’ and ’Our’ shall mean the Website and/or the Company, as the context so requires.

c.3.      The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User/Customer and the Company individually and collectively, as the context so requires.

1. The headings of each clause in these Terms are only for the purpose of organising the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
2. The use of the King Cabs services by the user is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website, King Cabs app and/or using any of the services provided by King Cabs shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, same as provided in Clause 4 hereunder.
3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the King Cabs, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website and/or using any service on King Cabs app constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
4. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. Company may update users by email, king cabs website, notification message, but here User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the King cabs service following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the services.

2. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Contract and Commercial Law Act 2017. The User may not use King Cabs or mobile app. if he/she is not competent to contract under the Contract and Commercial Law Act 2017; or is disqualified from doing so by any other applicable law, rule, or regulation currently in force in New Zealand. By becoming a User, he/she represents and warrants that he/she is at least 18 years old and that he/she has the right, authority, and capacity to enter into, and abide by, the terms and conditions of this Agreement.

3. TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force when:

1. The User continues to access and use the King Cabs Website; or mobile app
2. Until the Transaction between the Parties, if any, concludes to the satisfaction of both Parties; whichever is longer.

             The Parties agree that certain portions of these Terms (“Clauses”), such as Clauses 12 (Intellectual Property Rights), 13 (Liability), 14 (Governing Law and Dispute Resolution) and 16 (Miscellaneous Provisions) shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

4. TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered by King Cabs, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 2 (Eligibility) above.

Upon termination of all Terms of Use for any reason:

1. If the User’s rights to use company’s services cease, the User’s registration with Company and User’s account will immediately cease to apply, and company may block the User’s access to Services of the Company;
2. Company will charge Users all amounts due and owing to it at the date of termination;
3. Each Party will immediately return to other Party all property and materials provided to it by the other Party under these Terms of Use;

             Provided that, Clauses 4 (Termination), 11 (Indemnities), 12 (Intellectual Property Rights), 13 (Liability), and 14 (Governing Law and Dispute Resolution) will survive even after termination of these Terms of Use.

5. FACILITIES TO BE RENDERED BY THE KING CABS

1. To provide a log-in ID and password to enable registered User to create, update, and make any changes in its Profile Page as required.
2. To facilitate e-mail communication between User or Company to enable Users to make and receive queries.
3. By using this King Cabs services, and providing his/her contact information to the Company through the Website or application, the User hereby agrees and consents to receiving calls, auto dialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to that effect to support@kingcabs.co.nzwith the subject Do not disturb. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained in this agreement, he/she may be contacted by the Company or any of its affiliates/partners relating to any service used of by the User on King Cabs platform.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

6. CHARGES AND PAYMENTS

1. Users authorise the Company to charge the fees mentioned in Sub clause (b) of clause 6, at the completion of the journey.
2. Users authorise the Company to charge total Ride Fee, comprising the Convenience Fee, booking fee, minimum fare and any Additional airport toll and parking Fee. It is made clear that Company will collect the Total Ride Fee (plus any additional reasonable amounts if required) on behalf of the Driver including any soiling of the vehicle charges.
3. Payments for the Services shall be made through Net Banking/ Debit, Credit Card, Cash or any other valid source of payment as per the New Zealand laws. The relevant information regarding payment is provided by the user. It is further clarified that any applicable fees charged for e-transactions will be on-charged to the User.
4. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users application wallet.
5. GST or any levied tax on all the above components shall be charged to the user additional, if applicable, as per the law of the land.
6. Company have the right to hold or reclaim the payment in cases of abuse, fraud or violation of agreement.
7. The User will be liable to pay $300, in the case where the cab has been soiled by the User.
8. Parties hereby agree that, in the case where the User has asked for a Ride for airport pickup and/or airport drop-off, additional airport fees will apply.
9. Company will be solely responsible for settling any payment disputes between Drivers and Users; and issuing receipts for each Ride to the Driver and User. In case of any such dispute, any decision taken by the Company in good faith will be final and binding on the User and Driver.

However, the Company reserves the right to amend this fee policy for any and all services offered. In such event, the User will be intimated of the same when he/she attempts to access the king cabs app, and the User shall have the option of declining to avail of the services offered on the king cabs app. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

7. TERMS, CONDITIONS AND DUTIES OF THE USER

It is the duty of the User to provide true, accurate, and complete information about the pickup location and destination point, and all the details relating thereof.

1. The User agrees to comply with all notices or instructions given by the Company from time to time to enable the use of the Services.
2. Where User’s request a Ride has been accepted, the User must check the booking details on the booking confirmation the Company will provide to the User, including the pick-up time and location. If there are any incorrect details on the booking, the User must contact to the Company immediately by correcting User’s booking details through the by calling or by using mobile app.
3. Although, the Company requires each Driver to use all the reasonable efforts to ensure that their vehicle should arrive before the User’s requested pick-up time, the User must book their Ride after considering any adverse conditions such as the weather, traffic, road works/conditions, and any other unexpected delays that may occur. If there is any delay by the vehicle reaching the User’s pick-up location, the User should contact the Driver assigned for their Ride through the mobile Application.
4. The User understands and agrees that they are responsible for all applicable additional taxes and for all costs that are incurred in using the King Cabs services.
5. The User shall promptly make the payment to the Company for the service rendered as and when it becomes payable.
6. The User shall indemnify and hold the Company harmless for any loss or damage arising out of the User not complying with any applicable laws or regulations; and for any breach of the following warranties and representations.
7. The User shall, at all times, during the pendency of this agreement endeavour to protect and promote the interest of the Company and ensure that there will be no damage to third party (client/customer/other) due to act/omission on the part of the User.
8. The User is solely responsible for maintaining the confidentiality of the User’s Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through the User’s account whether initiated by User or a third party, except to the extent caused or contributed by the Company.
9. The User must also notify to Company if he/she cannot access his/her Account or if he/she knows of or suspects any unauthorised access or use of their Registration Data, login details or Account, or the security of the User’s Account has been compromised in any way.
10. The User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior and express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.

1. Further Behaviors, Violation of laws, Breaching of Policies Are Prohibited

k.1.      Smoking of any kind, or consumption of alcohol, or consumption of illicit drugs or substances in or near any Vehicle is strictly prohibited

k.2.      Misbehaving in or near any Vehicle, distracting a driver whilst driving, acting in a violation of Applicable Laws, or otherwise acts in any way that a Driver deems ‘risky’ for the safety of the User, the Driver or any other person, is strictly prohibited.

k.3.      Any abuse, harassment, threatening behaviour (verbal or physical), defamatory action or insinuation, or any other action that may be deemed to violate the legal rights of any other person or entity, is strictly prohibited.

k.4.      The engagement in any activity that interferes with or disrupts access to the king cabs services or the services provided therein (or the servers and networks which are connected to the Website) is strictly prohibited.

k.5.      To impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity is strictly prohibited.

k.6.      Publishing, posting, disseminating any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force is strictly prohibited.

k.7.      Posting any image/file/data that infringes the copyright, patent or trademark of another person or legal entity is strictly prohibited.

k.8.      Uploading or distributing files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the company is strictly prohibited.

k.9.      The download any file posted/uploaded by another the User of the company that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner.

k.10.    Scanning or testing the vulnerability of the Website or any network connected to the Website or breaching the security or authentication measures on the Website or any network connected to the Website is strictly prohibited.

k.11.    Disrupting or interfering with the security of, or otherwise causing harm to the website or mobile app, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites is strictly prohibited.

k.12.    Collecting or storing data about other Users of the company is strictly prohibited.

k.13.    Using the king cabs platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the company or any other third party is strictly prohibited.

k.14.    Violating any code of conduct or guideline which may be applicable for or to any particular product or service offered by King Cabs is strictly prohibited.

k.15.    Violating any applicable laws, rules or regulations currently in force within or outside New Zealand is strictly prohibited.

k.16.    Violating any portion of these Terms or the Policies, including but not limited to any applicable additional terms of the company contained herein or elsewhere, whether made by amendment, modification, or otherwise is strictly prohibited.

k.17.    Threatening the unity, integrity, defence, security or sovereignty of New Zealand, friendly relations with foreign states, or public order, or causing incitement to the commission of any cognisable offence, or prevent the investigation of any offence, or insult any other nation is strictly prohibited.

k.18.    Publishing, posting, or disseminating information that is false, inaccurate or misleading is strictly prohibited.

k.19.    Committing any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company is strictly prohibited.

k.20.    Engaging in advertising to, or solicitation of, other Users of the company to offer services not currently displayed on the Website is strictly prohibited. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm other persons, or in order to contact, advertise to, solicit, or sell to another User of the company without the prior and express consent of the Company.

k.21.    The User hereby expressly authorises the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes or offences, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company might be directed to disclose any information (including the identity of persons providing information) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

k.22.    The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party or parties, nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.

k.23.    The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the company, including any User account maintained on the King Cabs app.

8. TERMS, CONDITIONS AND DUTIES OF COMPANY

The website allows the Customer/User to send a request to make a booking for a ride. Once the Customer/User has made a request for a ride;

a.1.      The Company will accept or decline the Customer’s/User’s booking based on the availability of Drivers at the Customer’s/User’s location; and at the requested pickup time. The Company will inform the Customer/User via confirmation notification, SMS, phone call (on a New Zealand Number) or Email.

a.2.      While the Company endeavours to connect a Customer/User with a Driver, Customer’s/User’s request for a Ride is subject to the availability of a Driver around their location at the time of the Customer’s/User’s request.

a.3.      Drivers may accept or reject requests for a Ride in their sole and absolute discretion.

Once the Customer’s/User’s request for a Ride has been accepted, the Company will provide:

b.1.      The Customers/Users with a booking confirmation through the app, and information regarding the Driver including the Driver’s name, vehicle details, mobile number, and any other details that the Company may consider appropriate.

b.2.      The Driver is given the Customer’s/User’s details necessary to enable the Drivers to provide the Ride.

b.3.      If a vehicle breaks down or cannot complete a Ride, the Company will use all reasonable endeavours to arrange a substitute vehicle to complete the Ride, subject to availability. Any substitute vehicle may not be necessarily of the same type as the original vehicle. However, it is further made clear that if the Company is not in a position to arrange the substitute, then the Company would not be liable.

9. CANCELLATION AND REFUND POLICY

Cancellation policy

a.1.      The User can cancel their Ride at any time by logging in to the Company’s app with their User ID and Password

a.2.      However, if the User cancels the Ride after the Driver is allotted, then the User will be charged a cancellation fee. The cancellation fees will apply whether the Driver has reached the pickup point or not.

a.3.      The cancellation charges vary from city to city.

a.4.      The Company reserves the right to charge a $10.00 fee (depending on the city, this could be a higher charge) to any passenger who is not at the agreed pick up point when the Driver arrives.

a.5.      If the Driver does not arrive at the User’s pick-up location within Ten (10) minutes after the pick-up time specified in the Booking Confirmation, the User will not be charged for any Cancellation Fee.

a.6.      The Company reserves the right to cancel all the services to the Customer/User and will not be responsible in case of any Act of God/Natural Disaster/Emergency or availability of a Driver. Also, if the amount has been paid then the Company will only refund said amount in User’s wallet if service cancelled by company before to start the fare

a.7.      In a scheduled booking the Customer must cancel the booking at least 24 hours before the pickup time to avoid cancellation charges. If the booking is pre-paid and scheduled and not cancelled before the 24 hours’ time frame, then the fare price will not refundable.

a.8.      In any scheduled tour the Customer/User has to cancel at least seven days before the pickup time (if cancel period not specified in itinerary) for a complete (100%) refund (not including transaction charges, booking of accommodation, activities or any other expense related to the tour); and has to cancel 72 hours before the pickup time (if cancel period not specified in itinerary) for a 50% refund (not including transaction charges, booking of accommodation, activities or any other expense related to the tour). After this time the Company will not be liable to refund any amount on the cancelled tour.

Refund Policy

b.1.      As soon as the Customer’s/User’s order of a Ride is cancelled, if any amount has been paid by the Customer/User the appropriate refund (if any) is credited to the their account in their app wallet. This could take approximately seven business days to reflect in the Customer’s/User’s account. The Customer/User can use this for their next booking. This is not transferrable to any other Customer’s/User’s account.

b.2.      If any refund for any extra charge or any other incorrect charge that has been charged to the Customer/User, then he/she has an option to claim it within seven working days of the booking only. The Company will not bear any responsibility for any delay on behalf of the Customer/User to claim the refund.

b.3.      The User expressly agrees that, no refund will be applied if the journey is terminated on the way. If the payment mode of the Customer’s/User’s journey is not prepaid, then the full fair will be due to the Driver by the Customer/User. If needed, an invoice can be issued upon request.

10. SUSPENSION OF USER ACCESS AND ACTIVITY

1. If the Customer/User is in breach any of these Terms or the Policy;
2. If the Customer/User has provided wrong, inaccurate, incomplete or incorrect information;
3. If the Customer’s/User’s actions may have caused any harm, damage or loss to the other Customers/Users or to the Website/Company. This is at the sole discretion of the Company.
4. If the Customer’s/User’s action of copying or duplicating in any manner any of the content or other information available from the Website/Company.

11. INDEMNITY AND LIMITATIONS

The Customer/User hereby expressly agrees to indemnify and hold harmless the Website, mobile app and the Company, its directors, affiliated Customers/Users, employees, officers, agents and their respective successors, assigns, employees, affiliates and agents from any and all liabilities, obligations, damages, injuries, penalties, claims, demands, actions, suits, judgments and any and all costs, expenses or disbursements (including reasonable attorneys’ fees and expenses) caused by or arising out of claims based upon the Customer’s/User’s actions or inactions, including, but not limited to, any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the Customer’s/User’s obligations under this Agreement, or arising out of the Customer’s/User’s infringement of any applicable laws, rules and regulations, including but not limited to any infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

In no event shall the Company be liable to compensate the Customer/User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Customer’s/User’s use of or access to the Website and/or the products, services or materials contained therein.

The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, the outdate/superseded clause or clauses of these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

12. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the Customer/User a right to use any of the company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Company and other distinctive brand features of the Company are the property of the King Cabs. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

The User may not use any of the intellectual property displayed on the Website or on mobile app in any manner that is likely to cause confusion among existing or prospective Customers/Users of the company, or that in any manner disparages or discredits the Company, to be determined in the sole discretion of the Company.

The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including, but not limited to, copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website, or to the Customer/User.

The Customer/User is further aware that any reproduction or infringement of the intellectual property of the owners by the Customer/User will result in legal action being initiated against the Customer/User by the respective owners (the Company) of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

Except for the Registration Data or any other data submitted by Customer/User during the use of the Service, the Company do not want the Customer/User to, and the Customer/User should not, send any confidential or proprietary information to the Company, unless required by applicable laws. Except for the permitted information and subject to the Company handling Customer’s/User’s personal information in accordance with the Privacy Policy, any of the Customer’s/User’s content will not be considered confidential or proprietary.

13. DISCLAIMER OF WARRANTIES AND LIABILITIES

1. it is expressly stated in these terms that, all services offered on the King Cabs platform are offered on an “as is” basis without any warranty whatsoever, either express or implied.
2. The information and recommendation provided by the Company to the Customers/Users through either online Website or via a phone call are for general information and do not constitute advice.
3. Customers/Users hereby, acknowledge and agree that Services provided by the Company are merely an electronic platform to facilitate the aggregation of Vehicles to provide Rides, and the Company does not, in any manner, provide transportation or logistics services or function as a transportation or logistic carrier.
4. The Company makes no representations, express or implied, including without limitation implied warranties of quality of services for a particular purpose.
5. The Company will not be liable for any problems/loss that may arise out of cyber-attacks, cyber espionage, data theft, phishing, hacking (DDOS, Key Logging, Cookie Theft), bots, ransom ware, unprecedented attacks, or any other internet/computer/wireless related issues created by anyone, as it is not in the hand of the Company.
6. The Company will not be liable for the Customer’s/User’s reliance upon the services or information provided by the Company on its Website.
7. Parties acknowledge and agree that the Company will not incur any liability arising out of the Customer’s/User’s failing to connect with or being delayed for, a connecting bus, train, flight, boat/ship, or other alternative transportation, or missing an event, work or any other circumstance in connection with a Ride.
8. The contract for the Driver’s provision, and Customer’s/User’s receipt, of the Ride will be a contract solely between the Driver and the Customer/User. At no time will the Company have any obligations or liabilities in respect of such contract. The Company’s obligations are limited to the raising of an invoice on behalf of the Drivers and payment collection in respect of the transactions between the Drivers and the Customers/Users.
9. The Company accept no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Customer/User, resulting from the use or misuse of any service availed by the Customer/User.
10. The Company does not guarantee that the functions and services contained in the Website or mobile application will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the Customer/User hereby expressly accept any and all associated risks involved with the Customer’s/User’s use of the King Cabs platform.
11. Any delay in or failure to perform any obligations by the Company under these Terms of Use will not constitute a breach of these Terms of Use to the extent by an act of God, flood, fire, explosion, riots, rebellion, war or acts of Government authorities or any other event beyond the reasonable control of the Company (“Force Majeure”).
12. The Company and the Customer/User expressly agree that the entire risk arising out of any ride remains solely with the Customer/User and the Company does not incur any liability arising out of advice or recommendations provided by the Company regarding any of the Drivers, nor does it guarantee, or give any assurance in respect of behavior, action. Further, the Company will not be liable to any loss or damage that the Customer/User may incur out of or in connection with any Ride, including the conduct of the Driver (or any other person) and any accident, incident or issues involving the Vehicle.
13. The Website may contain third party links to other internet websites. The linked sites may not be under the control of the Company, and the Company will not be liable for the contents of any linked websites. The links are provided for the Customer’s/User’s convenience and the Company does not indicate expressly or impliedly, any endorsement by it or its related Companies for the linked websites or the services provided at such sites. The Customer/User that access any such linked Website acknowledges that this is entirely at the Customer’s/User’s own risk.
14. The Company is not responsible for the conduct, whether online or offline, of any Customer/User of the company or services. The Customer/User is solely responsible for their interaction with other Customers/Users.
15. The Company does not procure insurance for, nor are responsible for, any personal belongings left in the Vehicles by the Drivers or the passengers. By using the Company’s services, the Customer/User agrees to accept such risks and agrees that the Company will not be responsible for the acts or omissions of the Customers/Users on the Company’s services.
16. The liability of the Company for damages resulting by reason of personal injury or death of a passenger may be excluded in accordance with the Accident Insurance Act 1998 and the Accident Insurance (Transitional Provisions) Act 2000.
17. It is further agreed by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

14. DISPUTE RESOLUTION AND JURISDICTION

1. Mediation: In case of any dispute/claim/refund/compensation between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties negotiation at the Company office in Christchurch, as notified by the Company. If the Parties are unable to reach such an amicable solution within 30 working days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed below;
2. Arbitration. If the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration Act, 1996.

The arbitration must be;

• Held in accordance with the Arbitration Rules of the Arbitration Act 1996.
• Administered by the Resolution Institute of New Zealand (REINZ);
• Conducted in accordance with the laws of the New Zealand;
• Held in Christchurch, or as notified by the Company; and
• Conducted by a single arbitrator agreed to between the Parties, or, failing agreement, appointed by the current Chairperson of REINZ or the Chairperson’s nominee;

15. FEEDBACK AND COMPLAINTS

1. Once the Customer/User finishes their Journey, the Company’s application will ask the Customer/User to rate the Service of their Driver from 1 star to 5 stars and to provide feedback (optional) to help the Company with ongoing improvement of the Services. To make complaint online. Visit our website https://kingcabs.co.nz/complaint-assistant/ and fill online feedback and complaint form.
2. The Company, as part of its compliance to its quality and customer satisfaction obligations, has a comprehensive customer complaint procedure and the involvement of senior staff and Directors until the matter is resolved to the satisfaction of all parties.
3. The Customers/Users must be fair and must not be disparaging while leaving complaints, comments, feedback or reviews on or about Rides, Drivers or the Services.
4. The Customer/User is advised to record all possible details to support their complaint which may include time, date and location, Vehicle registration number, Driver’s ID card name or any other relevant information.
5. The Customers/Users must report any issue or issues they have with the company or the Service to the Company within seven days of the relevant issue occurring, otherwise the Company may not be able to address the issue. The Company has seven days to investigate, assess and respond to the Customer/User. However, it may take more time depending on the nature of complaint. Although, the Company will endeavour to resolve any issue as soon as practicable, it may not be possible to resolve all issues and the Company will not liable where Customers/Users are not satisfied with the Company’s way of handling of, or with the suggested resolution of any issue, or failure to resolve any such issue.
6. If the Customer/User forgets or loses any luggage or property in a Vehicle during a Ride, the Customer/User should contact to the Company as soon as possible. The Company will endeavour to locate the lost items. In no event will the Company be liable for any loss or damage to Customer’s/User’s personal effects and luggage.

16. MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Policy form the complete and final contract between the Customer/User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect the Party’s rights to later enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any Court of law or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by the law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
4. Transfer of Rights and Interests:The Parties expressly agree that the Customers/Users will not transfer their Rights, Interest or Obligations under these Terms of Use to any third party without the Company’s prior express and written permission. However, the Company has the sole Right to transfer its Rights and Interests under these Terms of Use to any person whosoever.
5. Joint Ventures:The Company will be entitled to enter any transaction whereby it acquires, merges with or enters into joint ventures with any other organisation or organisations engaged in similar business to those referred to in these Terms of Use. In such case, the Customers/Users may be provided with the Services by the Company jointly and/or with the other party/parties to any such agreement. All the Terms of Use will continue to be applicable in the event of any such arrangement, however, if Customer/User does not agree with what the Company has done, then Customer/User may terminate these Terms of Use in accordance with Clause 4 (Termination) at any time.