Terms and Conditions
This document sets the rules for using your service. It must be clear that your platform is a facilitator, not a transport provider.
Acceptance of Terms
- Agreement to T&Cs: State that by accessing or using the platform, the user agrees to be bound by these T&Cs.
- Capacity to Contract: Users must be at least 18 years old and legally able to enter into a contract.
- Modification: Reserve the right to update the T&Cs, with notification provided to users.
Nature of the Service (Crucial NZ Clause)
- Facilitator Role: Clearly state that the platform is a facilitator (a digital meeting place) connecting drivers and passengers.
- No Transport Provider: The Platform is NOT a transport service provider, common carrier, or taxi service. The platform is not a party to the agreement between the driver and the passenger.
- Cost-Sharing Only (Non-Commercial): Explicitly mandate that all arrangements facilitated through the platform must be for cost-sharing purposes only. Drivers are strictly prohibited from making a profit (earning more than their reasonable running costs) as defined by NZ law.
User Obligations and Safety
- Accuracy of Information: Users must provide accurate, current, and complete information (e.g., driver license, vehicle WOF/Registration, profile photos).
- Safety and Conduct: Users agree to treat each other with respect and abide by all New Zealand road rules.
- Driver Obligations: Drivers must possess a valid New Zealand or international licence, a current Warrant of Fitness (WOF), and Vehicle Registration, and have appropriate vehicle insurance that covers non-commercial carpooling activities.
Financial Terms
- Payment System: Outline how payments are processed (e.g., held by the platform until trip completion).
- Cancellation Policy: Detail the rules and penalties for passenger and driver cancellations (referencing the policy outlined in your FAQ).
- Fees: State any fees the platform charges for facilitating the service (e.g., a service fee on the total contribution).
Disclaimer and Liability
- “As Is” Service: The platform is provided “as is” without guarantees regarding service quality or availability.
- Limitation of Liability: To the maximum extent permitted by NZ law, the platform is not liable for any damage, injury, loss, or death arising from trips booked, including driver negligence, vehicle failure, or misrepresentation. (This is essential, but must be drafted carefully with legal advice).
- Indemnification: Users agree to indemnify and hold the platform harmless from any claims arising from their use of the service.
Termination and Governing Law
- Termination: The platform can suspend or terminate user accounts for violating the T&Cs, especially for trying to profit commercially or for safety concerns.
- Governing Law: State that these T&Cs are governed by the laws of New Zealand.
Privacy Policy Draft Structure
This document is mandatory under the New Zealand Privacy Act 2020 and explains how you handle personal data.
Information We Collect
- Registration Data: Name, contact details, email address, password.
- Identity Verification: Driver’s licence details (required to verify drivers) and vehicle registration information (WOF, Rego).
- Financial Data: Payment information (which should ideally be handled by a third-party payment processor like Stripe, not stored directly).
- Usage Data: IP address, device information, and interaction with the site (collected via cookies and analytics).
- Location Data: Trip origins and destinations.
How We Use the Information
- To Facilitate Trips: Matching drivers and passengers.
- Safety and Verification: Verifying driver identity and compliance with T&Cs.
- Communication: Sending trip confirmations, safety alerts, and updates.
- Improvement: Analyzing user behaviour to enhance the service.
Sharing Your Information
- With Other Users: When a booking is confirmed, basic information is shared (e.g., Driver’s Name, Profile Photo, and Vehicle Details with the Passenger; Passenger’s Name with the Driver).
- Third-Party Providers: With payment processors, cloud hosting services, and analytics providers.
- Legal Compliance: If required by law, court order, or governmental request (e.g., NZ Police, NZTA, or IRD).
Data Storage and Security (NZ Privacy Act Requirement)
- Security: Outline the reasonable steps taken to protect personal data from loss, misuse, and unauthorised access.
- Storage Location: Specify where the data is stored (e.g., secure servers located in New Zealand or Australia, if possible).
- Retention: How long data is kept (only as long as necessary for the purpose it was collected).
Your Rights (Access and Correction
- Access: Users have the right to request access to the personal information held about them under the New Zealand Privacy Act 2020.
- Correction: Users have the right to request correction of inaccurate information.
