b) The domain name kingcabs.co.nz ("Brand Name") King Cabs , is owned and operated by King Cabs Ltd (“Company”) a, Travel Service Company, 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.
i. The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this King Cabs, who is competent to enter into binding contracts.
ii. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the King Cabs and/or the Company, as the context so requires.
iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy 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.
g) The User unequivocally agrees that this Policy and the aforementioned Terms 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 the 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 any part of the King Cabs constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
h) The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned 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. The User has a duty to periodically check the Policy and Terms, and stay updated on their policies.
i) If the User continues to use the King Cabs following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter access and use the King Cabs.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the King Cabs, including but not limited to the User’s user name, passwords, email address, name, address, Pick–Up address, information in connection with vehicle rental destination, age, date of birth, sex, nationality, browsing history, etc., as well as any images or other information uploaded/submitted by the User on the King Cabs. The User is aware that this information will be used by the Company/King Cabs to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the King Cabs service to make its users’ experiences safer and easier. The mentioned information is sought for drivers to identify & contact user when user engage Company’s transportation services and to inform the users about updates, offers, service which may be of interest to user.
b) The User is aware that the Company /King Cabs may automatically track certain information about the User based upon the User’s IP address and the User’s behavior on the King Cabs and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behavior, to enable the Company/King Cabs to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the King Cabs, the URL which the User subsequently visits (whether or not these URLs form a part of the King Cabs), the User’s computer & web browser information, the User’s IP address, etc.
c) If the User chooses services from the King Cabs, the User consents to allowing the Company/ King Cabs to collect information about the User’s buying behavior and trends.
d) If the User chooses to post messages / ads / promotion / reviews / feedback anywhere on the King Cabs, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/ King Cabs as permitted by applicable laws.
e) The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/ King Cabs, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the King Cabs, etc., may be collected and compiled by the Company/ King Cabs into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that while he/she can browse some sections of the King Cabs without being a registered user, certain activities (such as booking the Cab) require the User to provide valid personal information to the Company/ King Cabs for the purpose of registration. The User is aware that the contact information provided to the Company/ King Cabs may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
3. USER’S RESPONSIBILITIES
It is a User's responsibility to provide correct information about its contact particulars. Company shall send emails or call at the email addresses/ phone numbers mentioned by a User at the time of registration. Therefore, if a user has inadvertently registered a wrong email id or phone number for correspondence, Company offers a facility to cross check and Company information submitted at time of registration or even correct the errors later. Company will not be liable for any incorrect information submitted by a user at any point of time on kingcabs.co.nz.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the King Cabs Ltd may disclose personal information if required to do so by law or if the King Cabs Ltd in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The kingcabs.co.nz may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
b) The User is further aware that the King Cabs Ltd and its affiliates may share / sell some or all of the User’s personal information with other business entities should the King Cabs Ltd (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
c) The Company may disclose information if legally required to, pursuant to an order from a governmental entity or in good faith. We will disclose the information bases to:
i. conform to legal requirements or comply with legal process;
ii. protect our rights or property or our affiliated companies;
iii. prevent a crime or protect national security; or
iv. protect the personal safety of users or the public.
5. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the King Cabs Ltd uses third-party advertising companies to serve ads to the users of the King Cabs. The User is aware that these companies may use information relating to the User’s visits to the King Cabs and other Brand Names in order to provide customized advertisements to the User. Furthermore, the King Cabs may contain links to other Brand Names that may collect personally identifiable information about the User. The King Cabs Ltd is not responsible for the privacy practices or the content of any of the aforementioned linked Brand Names, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User. King Cabs Ltd also collects user information by using cookies stored by a 3rd party. These cookies allow King Cabs Ltd to track a device used on this website to other platforms.
6. USER’S CONSENT
By using the King Cabs Ltd or by providing information to the Company through the Website/App/Any other mode, the User consents to the collection and use of the information disclosed by the User on the King Cabs in accordance with this Policy, including but not limited to the User’s consent the King Cabs Ltd sharing/divulging the User’s information, as per the terms contained herein-above in clause 2 of the Policy.
7. GRIEVANCE OFFICER
In case users have any grievances in connection with the use of the King Cabs, a user may write to the grievance redressed officer. The grievance redressed officer is authorized to attend to any user complaints or queries and resolve any matter within one month from date of receipt of complaint.
The name and contact details of the Grievance Officer are provided below:
Sukhpreet Singh & Email Id: email@example.com
8. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the King Cabs Ltd and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the in the city of Christchurch.