a. This document is an electronic record which is generated by a computer system and does not require any physical or digital signatures.
b. The domain name kingcabs.co.nz("Website/App"), 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 ("Materials") is owned and operated by King Cabs Ltd.(“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.
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;
2. The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Company, as the context so requires.
3. The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d. The headings of each section in these Terms are only for the purpose of organizing 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.
f. 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 Website, 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 constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
g. 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 Website 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 Website.
2. OUR SERVICES
1. King Cabs is a New Zealand based local Travel Service Company which had started its service from the city of Christchurch City. Company is offering “Rent A Cab” service for customers/users to travel multiple location with just one booking within city limit. Its package starts from 1 hour and can extends up to 4 hours with some extra charges.
2. Company also provides tour packages on fixed price fares for different location. It is advised to book advance booking minimum 1 day earlier for tour packages. Driver will be available whole day service for tour package according to NZTA Work time limits for transport service drivers or the work time left for the driver of the day
3. It has been designed in a manner that customers don't need to go on any Search engine. The users can find many options in Customer App to find Hotels, Motels, Backpackers, Restaurants, Painters, Electrician, Property Advisor, Handymen, Mechanic, Tyres shops and Furniture Movers etc.
4. Company does not charge any fee neither from any business to enter their details in king cabs “SERVICS” feature nor from users to use services feature to find details of service provider.
5. Company allows its users to find details from its app to contact directly with service providers.
6. The Company accepts no responsibility for any legal or financial consequences or implications arising out of use of the SERVICES feature, Website, customer app, including any Online Services, or Products. The Company disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "AS IS" basis.
7. King Cabs also has special service for Corporate clients which is known as “King Cabs/Corporate” which is an enterprise solution for Hotels and corporate clients. It has certain special features like: -
a) It can provide better service for customers/users and centralized paperless billing.
b) It has ride now and ride later option to customize bookings and company’s centralized pre-paid account when users require.
c) The employees need not to file reimbursement claims anymore and the admin can have all the consolidated reports.
d) Hotel or company can request a ride on behalf of customer and they don’t need to have an account of Company, or even a Smartphone, to take a ride.
e) To activate account, the Company needs following information from the Corporate Client: -
· Contact Details
· Email id
· Contact Person
· Tax Id Number
· Company Logo
Payment fee: Corporate client will have a wallet through which the Corporate Client will pay on behalf of all company’ employees and clients. Company will also set minimum balance to order cab for clients and employees. Corporate companies may have option to select payment option according to city. If company, select payment option of cash or eftpos for their employees or clients during booking and in any condition if the corporate client or employee is not able to pay to driver in the end of fare then the Corporate company will be liable for all the fare and any additional expense for which invoice will be generated by the Company.
8. It is Further made clear that the Company accepts no responsibility for any legal or financial consequences or implications arising out of use of the Website, including any Online Services, or Products. The Company disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "AS IS" basis.
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 this Website 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. By becoming a User, he/she represent and warrant that he/she is at least 18 years old and that he/she have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) 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 (“Sections”), such as Sections 14, 15, 17&20 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered on the Website, 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 Section 3 here in above.
a) User’s rights to use company’s services will cease immediately, User’s registration with Company and user’s account will cease to apply, and company may block User’s access to Services of company;
b) Company will charge Users all amounts due and owing to it at the date of termination;
6. FACILITIES TOBE RENDERED BY THE WEBSITE
i. 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.
ii. To facilitate e-mail communication between User or Company to enable Users to make and receive queries.
iii. By using this Website or application, and providing his/her contact information to the Company through the Website or application, the User hereby agrees and consents to receiving calls, auto dialled 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 the effect to firstname.lastname@example.org with 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 herein above, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. CHARGES & PAYMENT
a) Users authorize the Company to charge the fees mentioned in Sub Clause (b) of Clause 7, at the completion of the journey.
b) Users authorize the Company to charge total Ride Fee, comprising the Convenience Fee, the Fare, minimum fare and any Additional 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 soiling of vehicle.
c) Payments for the Services shall be made through Net Banking/ Debit, Credit Card, Cash or any other valid source of mode as per the law of land and for the same the relevant information would be provided by the user. It is further clarified that applicable any kind of fees charged for e-transaction would be given by the user.
d) Company offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users application wallet.
e) GST or any levied tax on all the above components shall be charged from the user separately, as per the law of the land.
f) Company have right to hold or reclaim the payment in cases of abuse, fraud or violation of agreement.
g) User will be liable to pay $200, in case where cab has been spoiled by User.
h) Parties hereby agree that, in case where User has asked a Ride for airport pickup and airport drop-off, Extra charges of airport barrier fee will apply at the end of journey which will not exceed limit of $5.50 at any instances.
i) Parties hereby agree that, in case where User has asked a scheduled Ride for airport pickup. Extra charges to cover waiting at airport will apply. This will not exceed limit of $10.00 at any instances.
j) Company will be solely responsible for settling any payment disputes between Drivers and User, and issuing receipts for each Ride to the Driver and User. In case of any such dispute, any decision taken by Company in good faith will be final and binding on User and Driver.
However, the Company reserves the right to amend this fee policy for any or all goods offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
CONDITIONS AND DUTIES OF THE USER
It is the duty of User to provide true/accurate / complete information about the pickup location and destination point, and all the details relating thereof.
a) The User agrees to comply with all notices or instructions given by Company from time to time to enable the use of the Services.
b) Where user’s request for a Ride has been accepted. User must check the booking details on the booking confirmation Company will provide User, including the pick-up time and location. If there are any incorrect details on the booking, User must contact to the Company immediately by correcting User’s booking details through the Website or by calling.
c) Although, the Company requires each Driver to use all the reasonable efforts to ensure that their Vehicle should arrives before the User’s requested pick-up time but at the same time, the User must book their Ride after considering any adverse conditions such as the weather, traffic, road works, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching User’s pick-up location, User should contact the Driver assigned for their Ride through the Web/Application.
d) The User understands and agrees that User is responsible for all applicable taxes additional and for all costs that are incurred in using the king cabs services.
e) The User shall promptly make the payment to Company towards the service availed as and when it becomes payable.
f) User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
g) 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) due to act/ omission on the part of the User.
h) User are solely responsible for maintaining the confidentiality of 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 User’s account whether initiated by User or third party, except to the extent caused or contributed by Company/Website.
i) User must also notify to company/Website if he/she cannot access his/her account or if he/she knows of or suspect any unauthorized access or use of User’s Registration Data, login details or Account, or the security of User’s Account has been compromised in any way.
j) 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 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
k) Further undertakes not to
1. Smoke or consume alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract a driver, act in violation of Applicable Laws, or otherwise act in any way which a Driver would consider it Risky for the e safety of User, the Driver or any other person.
2. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
3. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
4. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
5. Publish, post, disseminate, any information which 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;
6. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
7. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
8. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
9. Scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. 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 Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
10. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
11. Collect or store data about other Users of the Website.
12. Use the Website 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 this Website or any other third party
13. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
14. Violate any applicable laws, rules or regulations currently in force within or outside New Zealand;
15. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
16. Threaten the unity, integrity, defence, security or sovereignty of New Zealand, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
17. Publish, post, or disseminate information that is false, inaccurate or misleading;
18. Commit 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/Website;
19. Engage in advertising to, or solicitation of, other Users of the Website to offer services not currently displayed on the Website. 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 another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
20. The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website 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, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
21. The User expressly agrees and acknowledges that the Company/Website 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/Website 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 (ies), 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.
22. 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 Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
23. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
24. Collect or store data about other Users of the Website.
25. Use the Website 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 this Website or any other third party
26. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
27. Violate any applicable laws, rules or regulations currently in force within or outside New Zealand;
28. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
29. Threaten the unity, integrity, defence, security or sovereignty of New Zealand, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation
30. Publish, post, or disseminate information that is false, inaccurate or misleading;
31. Commit 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/Website;
Engage in advertising to, or solicitation of, other Users of the Website to offer services not currently displayed on the Website. 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 another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website 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, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website 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/Website 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 (ies), 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.
9. TERMS, CONDITIONS AND DUTIES OF
By providing Services as a Driver on the King Cabs Ltd, he/she represents, warrants, and agrees that;
a) He/she possess a valid Driver’s license and is authorized and medically fit to operate a motor vehicle and have all appropriate licenses, his recent clear photos for approvals and authority to provide transportation to Passengers in New Zealand. Drivers need to present their passenger service card in their vehicle at all the time.
b) Driver agrees that Company may obtain information about him/her, including his/her criminal and driving records, COF Certificate, TSL Label (if you have your own), Full Insurance of vehicle, Vehicle Registration Certificate, GST Number if Driver is registered under GST Regime, bank Account number, and Driver agrees to provide any further necessary authorizations to facilitate Company access to such records during the term of the Agreement.
c) Drivers can work a maximum of 13 hours in any 24-hour period. They must then take a break of at least 10 hours, as well as the standard half-hour breaks after every 5.5 hours of work time, this break time applicable even if they’re not driving. It is recommended that driving between midnight to 6 am be kept to a minimum.
d) He/she will only provide Services using the vehicle that has been reported to Company, and he/she will not transport more passengers than can securely be seated in such vehicle and no more than (to be mentioned by client) passengers at any instance.
e) He/she has a valid policy of liability insurance that names or schedules him/her for the operation of the vehicle which he/she use to provide Services. Driver has responsibility to ensure maintenance and safety of vehicle on monthly basis such as by checking condition of tyres, correct level of oil, water and radiator, working condition of seat belts, proper functioning of breaks, registration expiry dates etc. In case, if Driver find such vehicle defects, he has to report manager before the next vehicle use. Drivers must ensure that vehicle is without risks to the health and safety of the other people before commencing shifts.
f) Drivers expressly authorize Company to set the prices on their behalf for all Charges that apply to the provision of Services.
g) Driver has responsibility to pick up his/her customer/user from safe spot and not in-between road or traffic, and she/he has duty to make sure that all doors are closed properly before takeoff. Driver can contact to customer in case, if he feels that pickup spot requested from customer is not safe for pickup. Driver has responsibility to drop off his customer/user at right place and at the time of drop off, driver will ensure that vehicle is stopped at safe spot and make sure that vehicle is properly stopped before exit of customer/user.
h) In the event of a motor vehicle accident Drivers will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Company and their insurer in a timely manner, and for all necessary contacts with their insurance carrier. Driver will be solely responsible for any and all liability that results from or is alleged as a result of his/her provision of Services, including, but not limited to personal injuries, death and property damages.
i) Drivers have duty to follow the New Zealand Road Code and all traffic laws, rules and regulations, comply with the safe driving policy, avoid aggressive road behavior, and report all injury crashes to the police within 24 hours.
j) Drivers as a ‘professional driver’ have responsibility to use best and shortest way for ride and can ask customers if they have any preferred way.
k) Drivers will not attempt to defraud Company or Customers/users in connection with their provision of Services. Driver will not make any misrepresentation regarding Company, the Services or his/her status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides except as expressly provided in this Agreement, or engage in any other activity in a manner that is inconsistent with Driver’s obligations under this Agreement. If Company suspect that driver has engaged in fraudulent activity than Company reserves the right to withhold all or a portion of Ride Fees if it believes that Driver has attempted to defraud or abuse Company’s payment systems.
l) Drivers may be at risk from passenger’s violence and aggression particularly because in taxi industry driver works alone, with the public, at night, in high crime areas, and with cash. Driver should develop procedures for working alone or in poorly lit or serviced areas such as keeping doors locked when alone in the vehicle and avoiding picking up hailing passengers in known high risk areas. If Driver finds a passenger under influence of alcohol and/or drugs then he should discourage such solo passengers from sitting directly behind them. Drivers can minimize the risks by remaining calm, speaking clearly in short sentences and not threatening aggressive passengers.
m) Drivers are strictly prohibited to do not buy into any suggestive or sexual advances or conversation, or to comment or indulge in conversation of a racial nature etc.
n) To minimize distraction while driving, Driver may ask passengers to be quiet if the driver is having difficulty concentrating. If he is unfamiliar with the route, she/he should check on a map before commencing a journey (or pull over when checking routes)
o) While driving, if Driver feels sleepy, then she/he has to pull over vehicle immediately in a safer place, and take a 15-20 minutes power nap and after this wait 10 minutes to make sure that he is completely awake before he starts driving again. If even after this, driver still feels sleepy then he has to cancel that day’s rides and take proper sleep for extended period.
p) Drivers should ensure their safety as well as safety of luggage while loading or unloading luggage on vehicle and always test wait of luggage before lifting or take assistance from passenger if required.
q) As most of drivers suffer from back injuries because they stay in the same position in vehicle for long time, do loading and unloading of customer’s luggage and may assist people who have disability issues. Proper way of lifting luggage, adjustment of seat height and back rest for driver’s comfortable right posture and to reach vehicle controls can reduce these problems. Right adjustment of mirror eliminate body twisting, some walk and stretching of muscles keeps a driver active as well.
r) If a driver find passenger intoxicate, she/he has full authority to take own decision about his safety and he can choose not to provide a service to such customer.
s) For safety reason, Vehicles must carry a first aid kit and install security camera approved by NZTA (NZ Transport Agency). During driving if driver not feel safe due to any misbehavior or wrongful act of passenger, she/he can point out security cameras and informing them that they are being recorded.
t) If company found any fault from driver regarding his behavior towards customers or faulty service, then this will go in driver’s record and according to seriousness of fault Company have legally right to inform land transport and can cancel driver’s registration of contract without any notice.
u) Company reserves the right to change the Commission Fee or monthly sub at any time on its own discretion based upon market factors, circumstances, and Company will provide Drivers with notice in the event of such change. Continued use of the services of Company after any such change in the Driver’s Fee calculation shall constitute driver’s consent to such change.
v) It is agreed by the Driver that if any user does not pay the due amount and run away from the same, then the Company would not be liable and it would be deemed that user has paid amount to driver which would be recoverable by company from driver.
w) In the end of week if any pending amount comes on driver account. Company will issue invoice to driver to pay in 4 days. company also have right to appoint third party for recovery of amount and all this recovery cost will also be payable by driver.
x) It is agreed by the Driver that the amount of registration if any for the membership or contract is not refundable. Even in any condition if company cancels the contract or membership registration and there is no share of driver in the company.
y) It is agreed by the Driver that company can increase or decrease the amount (Value) of new driver’s contract registration without any notice or information to any driver. As company own 100% shares value and rights to change anything.
z) Drivers/partners are bound to give minimum 1 month notice to company to cancel agreement or 1 month agreed Sub or minimum NZD 800.00. However, only company has right to wave off this amount.
· The Company would share the personal details of the user including the Contact details and location information of the user, which will not be misused by the Driver and in case of any incident, the Driver will be solely responsible.
· If driver is found of guilty of any offence and/or breach any of the terms and conditions of these policies, the Company may terminate the Driver with any notification.
MAINTENANCE /SERVICING FOR VEHICLE SAFETY
a. Ensure the vehicle maintenance/servicing is in accordance with maintenance programme
b. Ensure the vehicle has a current COF and Registration
c. Conduct a walk around safety check of the vehicle before use
d. Report vehicle defects to a manager before the next vehicle use
MONTHLY SAFETY CHECK
This quick safety check must be carried out by the driver at least once a month –
a. COF and Registration expiry dates
b. Oil, water and radiator fluid are at the correct levels
c. Tyres are roadworthy, have correct pressure and tyre tread meets minimum requirements
d. Mirrors are positioned correctly
e. All seat belts are working properly
f. All lights are functioning internal and external
g. Brakes are functioning correctly
h. First aid kit is stocked
HEALTH AND SAFETY
Fatigue: Fatigue is more than being tired – it’s physical and/or mental exhaustion, to the extent people are no longer effective or safe at work. Driver fatigue is recognized as a significant hazard in the workplace and, like any workplace hazard, the first priority must be to eliminate it. If this cannot be done then minimization must follow. It cannot be simply ignored and driver is allowed to drive while fatigued. When a driver is fatigued, their judgement and decision making become badly affected and their reactions are slower than normal. A driver who is fatigued is less able to judge how tired they are, meaning the risk of falling asleep at the wheel is greater, which can have fatal consequences. Commercial drivers need to be aware of fatigue
Drivers are advised to follow these instructions to avoid fatigue-
i. Get a good night's sleep before driving, preferably eight hours;
ii. Avoid driving during the hours when they would normally be sleeping;
iii. When taking long trips, plan their journey to include regular rest breaks, at least every 2 hours;
iv. Ensure they get plenty of fresh air, Snack on light, fresh foods and avoid consuming fatty, sugary or carbohydrate-filled foods, which can make feel tired.
v. Drink plenty of water while driving; allow time for meal breaks and rests; stop every 2–3 hours for a break;
vi. Exercise regularly, eat healthy food and take regular meals;
vii. Drive smoothly, and if driver wear glasses, make sure they are suitable for his eyesight, wear sunglasses in bright weather, getting in and out of their vehicle during the day and keep vehicle’s windscreen clean;
viii. Avoid taking any medication that may lead to drowsiness.
Recognize the warning signs
a. Having trouble focusing, keeping eyes open or holding head up, daydreaming, wandering or disconnected thoughts, loss of memory, yawning or rubbing eyes repeatedly, drifting from lane, tailgating and missing signs or exits, feeling restless and irritable.
b. To minimize distraction while driving, Driver may ask passengers to be quiet if the driver is having difficulty concentrating. If he is unfamiliar with the route, she/he should check on a map before commencing a journey (or pull over when checking routes)
c. While driving, if Driver feels sleepy, then she/he has to pull over vehicle immediately in a safer place, and take a 15-20 minutes power nap and after this wait 10 minutes to make sure that he is completely awake before he starts driving again. If even after this, driver still feels sleepy then he has to cancel that day’s rides and take proper sleep for extended period.
d. Drivers should ensure their safety as well as safety of luggage while loading or unloading luggage on vehicle and always test wait of luggage before lifting or take assistance from passenger if required.
e. As most of drivers suffer from back injuries because they stay in the same position in vehicle for long time, do loading and unloading of customer’s luggage and may assist people who have disability issues. Proper way of lifting luggage, adjustment of seat height and back rest for driver’s comfortable right posture and to reach vehicle controls can reduce these problems. Right adjustment of mirror eliminate body twisting, some walk and stretching of muscles keeps a driver active as well.
f. If a driver find passenger intoxicate, she/he has full authority to take own decision about his safety and he can choose not to provide a service to such customer.
g. For safety reason, Vehicles must carry a first aid kit and install security camera approved by NZTA (NZ Transport Agency). During driving if driver not feel safe due to any misbehavior or wrongful act of passenger, she/he can point out security cameras and informing them that they are being recorded.
h. Avoid dangerous practices such as filling out documentations while driving (E.G. log book) and Prohibit over speeding.
i. Using a mobile phone to make, receive or end a call when driving is prohibited
As a major cause of crashes, speeding must be prohibited. Not only can you save lives and serious injuries, you save on fuel consumption and cost. When a crash happens, the seriousness of any injuries is directly related to the speed the vehicles were going. Speeding is not just about exceeding the speed limit. It can also be about driving too fast for the conditions, such as on wet or icy roads, in heavy traffic, or while cornering.
Speed and fatigue are also a bad combination. The faster you drive, the less time you have to react to the unexpected. When you’re tired, fatigue slows your reactions. It’s possible that speed makes up a larger proportion of fatigue-related crashes than we can identify.
PROHIBIT DRINK-DRIVING AND OTHER DRUGS
A. Driving under the influence of drink, drugs or medication that affects driving ability must be prohibited. Driver must not smoke inside the vehicle.
B. Driving is a complicated task requiring continuous concentration. Anything that diverts a driver’s attention for more than a second can significantly increase the likelihood of a crash, near-crash or incident.
Good service is the key to achieve long term relationship with customers
· Drivers have duty to help their customers with their luggage, to check if anything left behind at end of Ride, to maintain comfortable temperature inside vehicle.
· Make sure persons under 15 years old wearing seatbelts. Where appropriate assist the passenger.
· Your vehicle inside temperature should be comfortable for passenger
· Your vehicle should be clean and groomed properly from inside and outside to present at anytime. Nice and tidy dressing sense leaves good first impression.
· Drivers focus should be make customer comfortable Using appropriate language light conversation and never take personal phone calls.
· Do not bring his/her level down in front of difficult customers, and show helpful nature to customers.
· Park your vehicle on safe position and always welcome customer polite manner and open the door for them and offer your assistance. Some of the passengers like quite ride. So, don’t be over friendly.
Every Customer is special. But, some have their own special needs. Your role as a driver is to assistance in a safe and respectful manner without infringing upon the person’s right
Driver with the skills and knowledge to provide assistance to passengers with special needs can make a positive difference to that passenger’s ability to participate actively in society
Many people have special needs that require them to seek assistance to accomplish the challenges and tasks of everyday life. Using public transport service is one of the biggest hurdles for the people with special needs
· Treat people with disabilities with some extra care and with more respect and consideration,
· Patience, optimism, and a willingness to find a way to communicate are your best tools.
· Smile, relax, and keep in mind that people with disabilities want to experience helpful customer service.
· Don’t make assumptions about what type of disability or disabilities a person has.
· Some disabilities are not visible. Take the time to get to know your customers’ needs.
· Be patient. People with some kinds of disabilities may take a little longer to understand and respond.
· If you’re not sure what to do, ask your customer, “How May I help you?”
· If you can’t understand what someone is saying, just politely ask again.
· Ask before you offer to help — don’t just jump in. Your customers with disabilities know if they need help and how you can provide it.
· Find a good way to communicate. A good start is to listen carefully.
· Hurried or agitated forms of communication will only cause an unpleasant and unhelpful atmosphere that is likely to quickly upset the passenger.
· Look at your customer, but don’t stare. Speak directly to a person with a disability, not to their interpreter or someone who is with them.
· Use plain language and speak in short sentences.
· Don’t touch or address service animals – they are working and have to pay attention at all times.
· Ask every time permission before touching a wheelchair or a piece of equipment related to them.
· If any individual accompanies a passenger with special needs, address the passenger with special needs directly rather than speaking through the other person, unless informed that the person with special needs requires somebody to speak on their behalf.
Some passengers, who use mobility aid, don’t touch, move or lean on mobility aid. This is also important for safety
Special Needs: meaning of special needs in unit standard is
1. Visual impairment
2. Hearing impairment
4. Mobility impairment
5. Intellectual disability.
Visual impairment: These are range from the person being partially sighted to being completely blind. Some people with visual lose use guide dog and white cane.
· If you are collecting passenger with visual impairment from a pre-booked location, knock the door on arrival – don’t stay in the vehicle and use the horn.
· Always introduce yourself and your organization. Stand in the front of the passenger. Speak directly and clearly to the passenger.
· Ask the passenger if they like to be guided and offer your arm
· Don’t touch the passenger without the warning
· Don’t leave without saying you are leaving
· When guiding a passenger, describe any hazards, such as vehicle mirrors, and reversing vehicles, Alert the passenger to wet or uneven surfaces, gutters and other obstacles
· When assisting the passenger into the vehicle, make sure the passenger knows which way the vehicle is facing
· Place your hand on the top edge of the vehicle. This will prevent the passenger from injury their head on entering the vehicle
· If passenger would like to be guided to the entrance of a building, offer them your arm. If the passenger requires directions, use left and right, up and down.
Driver of passenger service vehicle must transport guide dog. Guide dogs are well trained to stay on the floor and will not abuse the vehicle, Assist the dog into the vehicle with the passenger. Make necessary adjustments to the seat position to accommodate the dog.
Hearing impairments: All people with hearing loss include:
Hard of hearing: Most people with hearing lose consider themselves hard of hearing. Their hearing lose ranges from mild to profound
Culturally deaf people: These are the people who were born deaf or lost their hearing at very young age.
· Keep paper and a pen in the vehicle, as it can be easier to communicate in written. This is important for culturally deaf passengers who generally limit verbal communication and show some facial expression
· To get the passenger attention, touch their arm or wave
· Speak directly to the passenger not to their companion or sign language interpreter
· If the passenger is not waiting outside, make sure your vehicle is visible, or go and inform them that you have arrived
IF you know passenger can lip read:
· Stand closer to the passenger and face them when speaking to decrease background distractions.
· Be conscious of passenger’s personal space and don’t stand too close
· Speak slowly and clearly to the passenger – not too slow as to be patronising. Don’t shout as shouting distorts sounds and is irritating if passenger using uses hearing aid
· Face the passenger when talking with them and speak so that voice is directed towards them, But don’t turn face while you are driving.
Epilepsy is a neurological condition, which affects the nervous system, and is also known as a seizure. A seizure is a sudden, excessive discharge of nervous-system electrical activity that usually causes a change in behaviour.
The symptoms of a Seizure are
Teeth Clenching/ grinding
Eye rolling up
As a driver, try and avoid exposing passengers to:
1. Flickering light
2. Sudden high-pitched noises
These are the two common causes of epileptic seizures
Dealing with seizure
If you are given a warning or can see what is happening:
· Drive the vehicle safely off the road and park away from other traffic.
· Go to the passenger’s side of a car and remove any objects that may cause harm to the passenger
· If passenger is in the front seat of a car and wearing a seatbelt, leave it done up. If the passenger is seated in a back or rear seat and wearing a seatbelt, undo the seatbelt
· Once the seizure ends, talk to the passenger and explain to them where they are, and that there is no rush
· If the seizure lasts more than ten minutes, another seizure occurs, or the passenger remains unconscious for more than a few minutes, then the driver needs to contact an ambulance urgently
Intellectual impairments: A person with an intellectual disability might have difficulty with things like:
· Understanding or judgement
· Receiving, processing or communicating information
· Controlling certain behaviour
· Giving reliable information
Unsupervised Children: Unsupervised children have the special need of needing guidance and often reassurance
· Treat all children with politeness and respect.
· A smile can help a child relax.
· Children can forget rules and guidelines easily and will need to be remind and encouraged to follow them
· Driver need to be firm but friendly. Re3member shildren are very quick, so driver need to stay alert and be aware of things going on
· Driver need to ensure children under fifteen wear seatbelts
You must not rely on information provided by the child. Check details with the caregiver, parent or person that has been given authority to drop off or collect children
Hidden Needs: These include:
· Speech impairment
· Behaviour challenges
Remember speech impairment cannot be seen
· Talk to the passenger with speech disabilities as you would talk to anyone else. Be Friendly; do not avoid speaking to the passenger
· Give the passenger your undivided attention. Be patient, it may take the passenger a while to answer questions or to give you details
· Ask the passenger for help in communicating with him / her. If the passenger uses a communicating device such as manual or electronic communication board, ask the person how best to use it.
· Tell the person if you do not understand what he or she is trying to say. Ask the person to repeat the message, spell it, tell you in a different way, or write it down
Active listening means checking that information has been received and understood correctly. It helps to ensure the communication aspects of transportation go without problems.
Allow the passenger and/or caregiver the opportunity to advice what the passenger needs. It is very important that the driver does not ‘assume’ what the passenger requires, or what the nature of the illness is
If you offer assistance and passenger declines, do not insist. If it is accepted ask how you can best help.
Physical impairments and elderly passengers
· When passenger walks with difficulty or use a mobility aid such as a cane, crutches or walker, ask the passenger if they would like assistance.
· If passenger requires assistance to get into the vehicle, the driver should offer an arm or hold the passenger’s arm on request.
· Gripping to tight could hurt and inhibit the movement of the passenger.
· Do not push or pull the passenger, especially when they are bending over, As this can cause passenger to stumble
· If walking with passenger to or from the vehicle, leave enough space for the passenger’s mobility aid not to be bumped
· Always be patient and never rush the passenger
· On each location position the vehicle (park) in a way to allows safe and easy access for loading and unloading
· Leave adequate space at the side and rear of the vehicle to allow safe access to the hoist as well as safe use of the hoist or positioning of the ramp
· Avoid sloping surfaces that may result in a sideways tilt of the ramp or a steep incline that could make entry difficult.
· Securely position the chair in the vehicle
· Put the wheelchair breaks on at the time of loading, unloading and after the wheelchair tied
· When transporting a person using a wheelchair it is wise to allow extra time for getting them in and out of the vehicle
The location should also be free of any things in the way, or objects that may present a hazard and might result in personal injury or damage to mobility equipment
Drivers may be at risk due to unwanted circumstances arisen from their nature of work. Company provides emergency contact service on its application. In driver’s app there is a option SOS, by click on that option he/she can find 111 emergency services. A customer/user can find this option in application at bottom right corner named as ‘EMERGENCY’.
Company also provide SHARE RIDE link option to its customers/users at its application and by using this service a customer/user can share his/her live location to his/her family members for live tracking. In any situation where Either driver or customer believes that there is an emergency, can use emergency contact mentioned on the app. Company do provide a service where the cab can be monitored in real time to ensure that the passenger has arrived at their destination.
Once the ride is active, Drivers and customers both have options to call on 111 for emergency services in their apps. Further it is advised to drivers that if they fell into any unwanted situation in between offenders and if they ask for money than just give to them, remain calm and follow all of the offender’s instructions, because for company, driver’s personal safety is more important than their one-day cash income.
Once the incident is over or police have arrived and offender is in custody. You will need to come to the office and complete your incident form. Every person reacts differently on stress. You should take at least 24 hours break to calm down before to come back on work. Still if you feel you are under stress and need help regarding your health consult your GP. For assistance you are always welcome to talk to us
10. TERMS, CONDITIONS AND DUTIES OF COMPANY
1. The website allows User to send a request to make booking for a ride. Once user have made a request for a ride;
a) Company will accept or decline User’s booking based on the availability of Drivers at User’s location at the pickup time, and inform User via confirmation notification, SMS, Phone call on New Zealand Number or Email.
b) While Company Endeavour to connect User with a Driver, User’s request for a Ride is subject to the availability of a Driver around their location at the time of User’s request.
c) Drivers may accept or reject request for a Ride in their sole and absolute discretion.
d) Driver must be agreed with the amount offered to customer at the time of booking. It might be fixed fare or capped fare.
2. Once User’s request for a Ride has been accepted, Company will provide:
a) Users with a booking confirmation through application, and information regarding the Driver including the Driver’s name, Vehicle details, Mobile number, and any other details which Company may consider appropriate;
b) The Driver with User’s details necessary to enable the Drivers to provide Ride
c) If a Vehicle breaks down or cannot complete a Ride, Company will use all reasonable Endeavour’s to arrange for a substitute vehicle to complete the Ride subject to availability of such a substitute vehicle. 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 position to arrange the Substitute, then the Company would not be liable for the same.
11. CANCELLATION AND REFUND POLICY
1. User can cancel their Ride at any time by logging in to Company’s app with User ID and Password. Once booking has been confirmed User can find cancel ride option on the top right corner. By clicking on “Cancel Ride” button the Ride will get cancelled.
2. However, if User cancels the ride after two (5) minutes or more, once the driver is allotted to User’s request, then User will be charged a cancellation Fee. Cancellation Fees will apply if driver reached at pickup point within five minutes as well.
3. The Cancellation charges would vary from city to city.
4. Company reserves the right to charge a $10 fee to any passenger who is not at the agreed pick up point or where a booking has been cancelled after the taxi has reached.
5. If the Driver does not arrive at User’s pick-up location within five (5) minutes after the pick-up time specified in the Booking Confirmation, User will not be charged for any Cancellation Fee.
6. Company reserves the right to cancel all the services and will not be responsible in case of any Act of God/ Natural Disaster/ Emergency or availability of driver. Also, if the amount has been paid then Company will refund the amount in user’s wallet.
7. In schedule booking customer have to cancel booking at least 24 hrs before the pickup time to avoid cancel charges. If the booking is pre-paid and scheduled and not cancel before the 24 hrs time frame. Fare price will not be refundable.
8. In any scheduled tour customer have to cancel at least 7 days before the pickup time for 100% refund not including transaction charges, booking of accommodation, activities or any expense related to tour and have to cancel 72 hours before the pickup time for 50% refund not including transaction charges, booking of accommodation, activities or any expense related to tour. After this time frame company will not be liable for any refund on cancel the tour.
11.2 Refund Policy
a. As soon as User’s order of Ride gets cancelled, if any amount paid by User is fully or partially refundable for any reason such amounts will be credited to User’s account named as Customer’s app wallet in accordance with and subject to Applicable law, which can take around 7 business days to reflect in User’s account. User can use this for next booking only from same User’s account.
b. If any refund for any extra charge or any wrong charging has been charged to User, then he/she have an option to claim it within 7 days of booking only. Company will not bear any responsibility for any delay on behalf of User to claim refund.
c. User expressly agrees that, no refund will be applied if the journey is terminated on the way. If the payment mode of Rider’s journey is not prepaid, then full fair will be due to the driver by user and for the same an invoice will be issued.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website or application, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/Company, at the sole discretion of the Company.
d) If User’s action of copying or duplicating in any manner any of content or other information available from the Website.
13. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, affiliate Users, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the 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 User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to 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/Website be liable to compensate the 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/Website 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 User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section 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, 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 Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. INTELLECTUAL PROPERTY RIGHTS
a. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’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 Website and other distinctive brand features of the Website are the property of the Company. 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.
b. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
c. 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/Company, or to the User.
d. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
15. DISLAIMER OF WARRANTIES AND LIABILITIES
a. Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b. The Information and Recommendation provided by Company to Users through either online website or via call are for general information and do not constitute advice.
c. Users hereby, acknowledges and agrees that Services provided by Company’s website are merely an electronic platform to facilitate the aggregation of Vehicles to provide rides, and Company do not in any manner provide transportation or logistics services or function as a transportation or logistic carrier.
d. The Company/Website makes no representations, express or implied, including without limitation implied warranties of quality of Services for a particular purpose.
e. The Company will not be liable for any problems/ loss arose out of Cyber Attack, Cyber Espionage, Data Theft, Phishing, Hacking (DDOS, Key Logging, Cookie Theft), Bots, Ransom ware, Unprecedented Attacks, Hacking or any other Internet/Computer /Warless related issues created by anyone, as it is not in hand of the Company.
f. The Company will not liable for User’s reliance upon the services or information provided the Company on its Website.
g. Parties are acknowledges and agrees that Company will not incur any liability arising out of User’s missing or being delayed for a train, flight, event, work or any other circumstance in connection with a Ride.
h. The contract for the Driver’s provision, and User’s receipt, of the Ride will be a contract solely between the Driver and User. At no time will Company have any obligations or liabilities in respect of such contract. Company’s obligations are limited to rising of invoice on behalf of Drivers and payment collection in respect of the transactions between Drivers and Customers.
i. The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Customer, resulting from the use or misuse of any service availed by the User from the Website.
j. The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
l. Company and User expressly agrees that the entire risk arising out of any ride remains solely with user and company do not incur any liability arising out of advices or recommendations provided by company or website regarding any of the drivers, nor do it guarantee, or giving any assurance in respect of behaviour, action or data of drivers posted on website. Further, Company will not liable to any loss or damage that 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 and issues involving the Vehicle.
m. Website may contain third party links to other internet websites. The linked sites may not under control of Company and it will not liable for the contents of any linked websites. The links are provided for User’s convenience and Company do not indicate expressly or impliedly, any endorsement by it or its related Companies for the linked websites or the services provided at such sites. User access any such linked Website entirely at User’s own risk.
n. Company is not responsible for the conduct, whether online or offline, of any User of the website or services. User is solely responsible for their interaction with other Users.
o. Company does not procure insurance for, nor are responsible for, any personal belonging left in the car by Drivers or passengers. By using company’s services, User will agree to accept such risks and agree that Company will not responsible for the acts or omissions of Users on Company’s website or using services.
p. The liability of Company for damages resulting by reason of the 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.
q. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation 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 Terms and/or Policy.
a) 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 Partiesnegotiation at Company office in Christchurch, as notified by Company. 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 herein 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 under Arbitration Act, 1996.
The arbitration must be;
1. Held in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law;
2. Administered by the Resolution Institute of New Zealand (REINZ);
3. Conducted in accordance with the laws of the New Zealand;
4. Held in Christchurch, or as notified by Company; and
5. Conducted by be a single arbitrator agreed between the Parties (or, failing agreement, appointed by the Chair for the time being of REINZ or the Chair’s nominee),
And, the award passed by such arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be (to be mentioned by client)
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of New Zealand, and that the Courts in (place of court to be mentioned by client) shall have exclusive jurisdiction over any disputes arising between the Parties.
18. FEEDBACK AND COMPLAINTS
A. Once the User finishes its Trip, Company’s application will ask User to rate the Service of their driver from 1 Star to 5 stars and feedback option to help company for ongoing improvement service.
B. 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.
C. Users must be fair and no disparaging while leaving complaints, comments, feedback or reviews on or about Rides, Drivers or the Services.
D. Customer are 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.
E. Users must report any issue/s they have with the website or service to Company/Website within 7 days of relevant issue occurring, otherwise Company may not be able to address such issue. Company have 7 days procedure to review and come back, it may take more time depend on nature of complaint. Although, Company will Endeavor to resolve such issue as soon as reasonably possible but, it is not possible to resolve all issues and company will not liable where Users are not satisfied with company’s way of handling or resolution of an issue or failure to resolve such issue.
F. If drivers feel any problem with their work environment, then they should report such issue at company’s driver app and company will ensure them to give all possible assistance.
G. If User forget or lose any luggage or property in a Vehicle during a Ride, User should contact to Company as soon as Possible (and any event within (to be mentioned by client) days, and Company will try to locate such items. In no event company will liable for any loss or damage to User’s personal effects and luggage.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
20. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the 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;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to 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.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court 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 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.