ROAD GURU LIMITED
TERMS & CONDITIONS OF TRADE
1. Application of Terms:
1.1 In these general terms and conditions of trade (“Terms”), the following definitions shall apply:
“Booking Request” means a booking request submitted by a Passenger or an agent or a third party on behalf of a Passenger through the Road Guru Platform.
“Booking Request Period” means a period of 48 hours from the time the Booking Request is submitted, excluding for these purposes the period commencing at 5.00pm on Friday and ending at 8.30am on Monday in each week.
“Communication” means an email communication which is sent from or to the email address firstname.lastname@example.org from time to time.
“Content” means all information and other materials on the Road Guru Platform including text, graphics, images, music, audio, video and the like.
“Driver” means an individual who provides the driver and/or guide services described in a Listing to Passengers.
“Driver Fees” means the amounts that are due and payable by a Passenger in exchange for the Services, which amounts may include (a) an outside home base fee; (b) Taxes that the Driver determines that he or she has to collect or which are collected by Road Guru on the Driver’s behalf; and/or (c) any other fee or allowance permitted on the Road Guru Platform. For the avoidance of doubt, the Driver alone, and not Road Guru, is responsible for the Driver Fees included in the Driver’s Listing.
“GST” means goods and services tax in New Zealand imposed under the Goods and Services Tax Act 1985 (as amended or replaced from time to time).
“Member” means all Drivers and any other person who completes Road Guru’s account registration process.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Road Guru promotional campaign to be made available through the Road Guru Platform or as part of the Services.
“Listing” refers to individual Services that are listed by a Member on the Road Guru Platform as available for booking by Passengers and all personal information supplied by the Member (including but not limited to the Member’s name, IP address, contact information, copies of identification documents, pricing details, billing information).
“Passenger” means an individual who sends (either directly or through an agent or third party) a booking request in respect of a Listing via the Road Guru Platform or an individual who uses a Service and is not the Driver for the associated Listing.
“Road Guru Platform” means the online platform which operates as an online marketplace with related technology enabling Passengers to access the Services which are offered by Drivers. The Road Guru Platform is a dynamic framework where Road Guru runs applications and allows third party applications to be installed. The Road Guru Platform can be accessed via the website www.roadguru.nz and any other websites through which Road Guru acts as a facilitator for the provision of the Services by Drivers to Passengers from time to time.
“Road Guru” means Road Guru Limited and includes its shareholders, officers, employees, agents, representatives, instructors, independent contractors, subcontractors, and all other persons in any way involved with its activities and their successors and assigns.
“Road Guru Fees” means the fees that Road Guru charge for use of the Road Guru Platform, which is calculated as a percentage of the applicable Driver Fees and any other service fees which Road Guru charge for use of the Road Guru Platform from time to time.
“Services” means the driver and/or guide services included in a Listing which are to be provided by the Drivers to Passengers and booked by or on behalf of Passengers through the Road Guru Platform.
“Taxes” means any tax that a Driver may be required by law from time to time to collect and remit to government agencies including without limitation GST.
“Total Fees” means collectively the Driver Fees and the Road Guru Fees plus any applicable Taxes or any additional fees payable pursuant to these Terms.
1.2 The Terms are applicable to and binding upon all persons who access or use the Road Guru Platform. If you are accessing or using the Road Guru Platform for and on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity to these Terms and in such case the Terms shall apply to and be binding upon such company or entity. If you do not have such authority or you do not agree to accept the Terms then you have no right to obtain information from or continue using the Road Guru Platform.
1.3 If you are a travel agent who is accessing or using the mechanism of the Road Guru Platform to offer Services to your customers or accept an offer of Services on behalf of your customers, you represent that you have the authority to bind such customers to these Terms and in such case the Terms shall apply to and be binding upon such customers as if they were directly accessing or using the Road Guru Platform. If you do not have such authority or you do not agree to accept the Terms then you have no right to obtain information from or continue using the Road Guru Platform.
1.4 Road Guru reserves the right to vary or update these Terms at any time in which case Road Guru will provide Members with a Communication. If a Member continues to access or use the Road Guru Platform following such variation or update of the Terms, then that Member is deemed to agree to and be bound by the amendments to the Terms.
2. Role of Road Guru:
2.1 Road Guru acts as a facilitator only for the provision of the Services by Drivers to Passengers in New Zealand. The Road Guru Platform comprises an online platform which operates as an online marketplace with related technology through which Drivers create Listings and Passengers book the related Services (either directly or through an agent or third party) with the Drivers.
2.2 Road Guru is not itself an owner, operator or provider of any driver and/or guide services included in a Listing or other transportation services. Unless expressly specified otherwise on the Road Guru Platform, Road Guru’s responsibilities are limited to facilitating the availability of the Road Guru Platform and the Services.
2.3 Road Guru cannot and does not control the content contained in any Listing and/or the condition, legality or suitability of any Services. Road Guru is not responsible for and disclaims any and all liability related to any and all Listings and Services. All bookings of the Services via the Road Guru Platform are made and/or accepted at each person’s own risk.
2.4 Road Guru acknowledges that it operates a badge system as part of the Road Guru Platform to assist it in verifying the competency and credibility of the Drivers in certain areas and rewards Drivers according to such badge system (including assigning credit to Drivers for completion of training courses run by third party training providers). However, Road Guru does not give any warranty or representation to any person relating to the accuracy or effectiveness of this badge system or the competency or credibility of the Drivers or third party training providers.
2.5 Road Guru may modify the Road Guru Platform, including varying the amount of any Road Guru Fees, from time to time without notice. Road Guru will send a Communication to the Drivers regarding any such modification and update the information on the Road Guru Platform accordingly. Continued use of the Road Guru Platform by a Member constitutes acceptance by that Member of the modifications.
3. Booking Request and Acceptance:
3.1 Any Booking Request submitted to the Road Guru Platform for the provision of Services shall constitute confirmation that the Passenger named in the Booking Request accepts the Terms.
3.2 Where a Booking Request is submitted via the Road Guru Platform for the provision of Services:
Road Guru will send a Communication to the Driver including the first and last name of the Passenger, key travel details such as group size, pick up and drop off date, time and location;
The Driver is required to either pre-approve, accept or reject the Booking Request within the Booking Request Period, otherwise the Booking Request will automatically expire;
When a Driver accepts a Booking Request, Road Guru will send the Driver a Communication confirming the Booking Request, depending on the selections the Driver has made via the Road Guru Platform and the Services; and
The acceptance by a Driver of a Booking Request shall constitute a binding contract between the Driver and the Passenger and the Driver shall be obliged to provide the Services to the Passenger for the Quoted Price and upon the other terms and conditions set out in that Booking Request.
3.3 If a person sends a Communication requesting a variation to an accepted Booking Request via the Road Guru Platform, then that person shall be deemed to agree to pay any additional Driver Fees, Road Guru Fees and/or Taxes associated with such variation.
3.4 If a Booking Request is submitted and no Driver accepts the Booking Request within the Booking Request Period for whatever reason, Road Guru will use its best endeavours to facilitate the provision of driver and/or guide services for the Passenger from a reputable third party transport company (“Third Party Driver”). The acceptance by a Passenger of services from a Third Party Driver shall constitute a binding contract between the Third Party Driver and the Passenger and the terms and conditions imposed by the third party transport company shall apply. Road Guru does not accept any responsibility or liability for the Third Party Driver or give any warranty or representation regarding their standard and if the Third Party Driver is unable to provide the driver and/or guide services for any reason the Passenger’s remedy is solely against the Third Party Driver and not against Road Guru.
4. Pricing and Taxes:
4.1 The price of the Services shall be the price created by the Road Guru Platform (“Quoted Price”) which is based on the information provided by Drivers when creating a Listing, subject to variation in accordance with this clause. The applicable Taxes (including GST) are included in the Quoted Prices created by the Road Guru Platform.
4.2 Passengers are bound by the Quoted Price and confirmation by a Driver of that Booking Request constitutes agreement by the Driver to the Quoted Price.
4.3 In consideration for the use of the Road Guru Platform, Road Guru charges the Road Guru Fees.
4.4 Road Guru collects and pays GST for and on behalf of any Driver who is not registered for GST purposes. If a Driver is registered for GST purposes Road Guru includes the GST component in its payment to the Driver.
4.5 Road Guru reserves the right, in its sole discretion, to vary the Road Guru Fees at any time and the Quoted Price shall be adjusted accordingly. Should the Quoted Price increase at any time after a Booking Request has been accepted but prior to commencement of the Services, the Passenger agrees to pay the increased Quoted Price.
5.1 Road Guru will collect the Total Fees from Passengers upon the Driver’s confirmation of a Booking Request and will initiate payment of the Driver Fees (less applicable Road Guru Fees, GST and other fees) to the Driver at the time of pickup of the Passenger by the Driver or alternatively on the basis of the Driver’s experience days as described below.
5.2 Road Guru may base the timing of payments to each Driver on that Driver’s experience and his or her credibility on the Road Guru Platform as determined by the badge system referred to in clause 2.4 above. Road Guru may, in its sole discretion, implement any payment scheme it wishes and vary the terms of such payment scheme at any time without prior notice to Drivers. An example of a payment scheme which may be used by Road Guru from time to time is:
Driver with 50 plus days experience – 10% deposit on confirmation and 90% on pickup;
Driver with 100 days plus experience – 30% deposit on confirmation and 70% on pickup; and
Driver with 200 days plus experience – 50% deposit on confirmation and 50% on pickup.
5.3 In the event that the Driver is required to stay overnight as part of the provision of the Services, Road Guru either, at Road Guru’s sole discretion, pays the Driver an accommodation allowance or accommodation is booked and paid for by Road Guru on behalf of the Driver in which case clause 7.1 shall apply.
5.4 All credit or charge card payments made by Passenger will incur an additional fee of 2.5% and each international money transfer transacted by a Passenger will incur an additional fee of $30.00, such fees being due and payable to Road Guru.
6.1 When creating a Listing, a Driver may choose the applicable cancellation policy from the options below:
Strict: full refund if the Passenger has cancelled the Services 45 days or more prior to the commencement of the Services;
Moderate: full refund if the Passenger has cancelled the Services 21 days or more prior to the commencement of the Services; and
Easy Going: full refund if the Passenger has cancelled the Services 14 days or more prior to the commencement of the Services.
All cancellations must be made by the Passenger sending a Communication to Road Guru. In the event that a Passenger cancels all or part of the Services, a refund shall be made to that Passenger provided that the Passenger has complied with the notice periods set out in the Driver’s selected cancellation policy. Road Guru management reserves its right to instruct a Driver to provide a refund in exceptional circumstances and such applications for refunds shall be determined by Road Guru management in their sole discretion on a case by case basis after Road Guru has collected the relevant evidence from the Driver and the Passenger.
In the event that a Driver cancels all or part of the Services, the Passenger shall be entitled to receive a full refund. Road Guru will use its reasonable endeavours to include in the Communication advising the Passenger of the cancellation details of another Driver who is able to provide Services of a scope and nature which are similar to the cancelled Services (including a similar Quoted Price). For the avoidance of doubt, if the Passenger accepts the offer of alternative Services, the Passenger shall be liable for the full Quoted Price of such Services.
A Driver who cancels all or part of the Services agrees that penalties or consequences shall apply to his or her Listing, including Road Guru in its sole discretion (i) publishing an automated review on the Listing indicating that a booking for that Driver was cancelled, (ii) blocking the calendar of the Driver’s Listing for the dates of the cancelled booking and/or (iii) imposing a cancellation fee upon the Driver.
Cancellation of the Services shall not prejudice or affect any accrued rights or claims and liabilities of Road Guru, Passengers, Drivers or any other person under these Terms.
7. Bookings made for Drivers by Road Guru:
7.1 If accommodation for the Driver is booked through Road Guru, Road Guru is responsible for providing the Driver with a private room with a separate bathroom for the Driver’s exclusive use and the Driver is responsible for leaving the accommodation in the condition it was in when the Driver arrived and paying any incidental expenses and/or the cost of repairing any damage arising as a direct or indirect result of any act, or omission or default on the Driver’s part.
7.2 If Road Guru has booked flights or accommodation or a vehicle from a third party rental car company for a Driver in order that the Driver can provide the Services and the Driver cancels all or part of the Services, the Driver will be responsible for paying all cancellation or change of booking fees charged to Road Guru by the relevant third party provider.
8. Passenger Obligations:
8.1 It is the Passenger’s responsibility to ensure that he or she has a valid passport, visa and re-entry permit which meets the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the Passenger’s sole responsibility. All Passengers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport.
8.2 Each Passenger acknowledges and agrees that he or she shall be responsible for:
Leaving the vehicle operated by the Driver (including any personal or other property located in such vehicle) in the condition it was in when the Passenger arrived;
His or her own acts and omissions and the acts and omissions of any individuals which that Passenger invites into, or permits to have access to, the Driver’s vehicle;
Paying the cost of repairing any damage and/or replacing any damaged items with equivalent items (as the case may be) in the event that a Driver suffers or incurs any damage to his or her vehicle or personal or other property arising as a direct or indirect result of any breach by the Passenger of (a) or (b) above and provides reasonable evidence of such damage to the Passenger (such evidence may include but is not limited to photographs).
8.3 No Passenger may be present in a Driver’s vehicle at any time if that Passenger is under the influence of drugs and/or alcohol. A Passenger must not bring alcohol into the Driver’s vehicle without prior consent and smoking in the Driver’s vehicle is prohibited at all times. No refund will be given should a Driver determine in his or her sole discretion that you show signs of intoxication.
8.4 In the event that a Driver is providing Services to a Passenger but the Passenger is renting a vehicle from a third party rental car company, the Passenger agrees to:
Rent a vehicle where a NZD$0 excess insurance option is available and pay the additional fees required to purchase this option;
Ensure the terms of the rental agreement between the Passenger and the third party rental car company (“third party rental agreement”) permits the vehicle to be hired for reward so that the Driver performing the Services for the Passenger is permitted to be recompensed by the Passenger for those Services;
Pay any fees necessary to have the Driver listed on the third party rental agreement as the sole driver or as an additional driver;
Be responsible for payment of all costs payable under the third party rental agreement (including cancellation costs);
Ensure that such vehicle is registered for use on New Zealand roads and has a valid and current certificate of fitness; and
Ensure the vehicle is able to be driven as a passenger service vehicle under New Zealand law.
The terms of this clause are also applicable to and binding upon a Passenger in the event that any agent or third party enters into the third party rental agreement for and on behalf of that Passenger.
9. Driver Obligations:
9.1 Each Driver acknowledges and confirms that he or she shall only be eligible to list Services on the Road Guru Platform if he or she:
Is 18 years of age or over;
Is not an undischarged bankrupt;
Has a current passenger (P) endorsement, a current licence for the type of vehicle he or she is driving and holds a small passenger service licence or large passenger service licence (as applicable) or works under a facilitator who holds a small passenger service licence or large passenger service licence (as applicable);
At all times ensures that the vehicle he or she is driving is registered for use on New Zealand roads and has a valid and current certificate of fitness; and
Complies in all other respects with the requirements of the New Zealand Transport Agency.
9.2 Each Driver is responsible and liable for payment of all parking costs and/or any parking fines or other infringement fees arising directly or indirectly out of the provision by that Driver of the Services and each Driver acknowledges that he or she will allow for such costs when deciding upon the amount of the Driver Fees and whether or not to accept or decline a particular Booking Request.
9.3 Each Driver is personally responsible for keeping an accurate and up to date logbook and acknowledges that Road Guru is entitled to check his or her logbook at any time for quality and safety purposes. Such checks may be carried out by Road Guru without prior notice and on a random selection basis and Road Guru may require a Driver to provide the physical logbook or a copy of the contents of the logbook by way of email for such purposes.
9.4 Each Driver confirms, warrants and represents that he or she will adhere at all times to the logbook rules and the work-time rules and rest requirements set out in the current New Zealand legislation, standards, codes of practice or New Zealand Transport Agency requirements or conditions. Such legislation includes the Land Transport Act 1998, Land Transport (Offences and Penalties) Regulations 1999 and the Land Transport Rule: Work Time and Logbooks 2007 (as amended, varied or replaced from time to time).
9.5 Each Driver agrees that he or she will:
Act in good faith and always in the best interests of Passengers;
Demonstrate excellent customer service skills by listening and interacting with Passengers in a polite, courteous and responsive manner;
Keep the vehicle he or she is using for the provision of the Services in a clean and tidy condition;
Comply in all material respects with the policies and procedures set out in Road Guru’s health and safety manual (a copy of which the Driver confirms he or she has read and understands and agrees to);
Not drink alcohol or use drugs at any time when he or she is providing the Services to a Passenger; and
Not influence a Passenger’s decisions for personal monetary reward.
9.6 A Driver may provide a Passenger with certain information regarding accommodation and other service providers and may make bookings on the Passenger’s behalf but the Passenger is solely responsible for deciding which accommodation and other services the Passenger will purchase. Neither Road Guru nor any Driver takes any responsibility or liability for the Passenger’s decision to purchase accommodation and other services or give any warranty or representation regarding their standard. Any bookings made on the Passenger’s behalf are made subject to the terms and conditions and limitations of liability imposed by the relevant service provider and if the service provider is unable to provide the services for any reason the Passenger’s remedy is solely against the service provider and not against Road Guru or the Driver. If required by the accommodation or service provider and regardless of whether or not the booking has been made by the Driver on the Passenger’s behalf, the Passenger will pay that provider directly for such services and/or incidental expenses.
In the event that the accommodation or service provider suffers any damage to its property arising as a direct or indirect result of any act, or omission or default on the Passenger’s part, the service provider will charge the Passenger directly for the estimated reasonable cost or repairing the damage caused. Neither Road Guru nor the Driver accepts any responsibility for compensation for property damage caused by a Passenger.
9.7 Each Driver acknowledges that Road Guru has provided him or her with training opportunities (including opportunities to attend health and safety training) adequate for the Driver to have decided that he or she has been adequately trained and is competent to provide the Services.
9.8 Each Driver agrees that prior to commencing the Services he or she shall require each Passenger to complete and sign the form entitled “Passenger Acknowledgements” in the form attached as Schedule A to these terms and conditions (as varied from time to time) (“Waiver Form”). The Waiver Form includes confirmations and acknowledgements by the Passenger that he or she has read, understood and accepts all the information and waivers set out in the Waiver Form and in these Terms.
9.9 If a Passenger considers that a Driver has breached any of the Driver’s obligations set out in these Terms then that Passenger may submit a Communication through the Road Guru Platform setting out details of the alleged breach. Road Guru will liaise with the Driver concerned and send a Communication to the Passenger within 10 working days of being notified of a breach setting out a proposed resolution and Road Guru may, in its sole discretion, use its reasonable endeavours to act as a mediator and encourage the Driver and the Passenger to take steps to resolve the issue.
10.1 Road Guru has in place insurance cover under certain insurance policies including a public liability insurance policy. Drivers who are registered as Members and have a Listing on the Road Guru Platform are contractors or sub-contractors employed by Road Guru and are treated as “employees” of Road Guru for the purposes of Road Guru’s public liability insurance policy. Accordingly, such Drivers will be entitled to cover under Road Guru’s public liability insurance policy provided that insurance cover only applies while such Drivers are carrying out work for Road Guru’s business and if such Drivers are not otherwise insured under any other policy.
For the avoidance of doubt, Third Party Drivers will not be entitled to any cover under Road Guru’s insurance policies and must ensure that they have insurance cover in place before providing any driver and/or guide services to Passengers.
10.2 In the event that Road Guru books a vehicle from a third party rental car company for a Driver, Road Guru acknowledges that it will opt for the highest insurance cover available and where a NZD$0 excess insurance option is not available the Driver is liable for the amount of the excess.
10.3 It is the Passenger’s responsibility to take out comprehensive travel cancellation and repatriation insurance in addition to personal accident or medical emergency insurance prior to travelling. Passengers are also responsible for ensuring that they have a travel insurance policy which includes personal belongings cover for the replacement cost of stolen, lost or damaged belongings.
11. Member’s own reliance: Any information generally relating to Road Guru, the Drivers or the Services contained in the advertising, price lists, illustrations, reviews or other similar matter made available to a Member via the Road Guru Platform or otherwise whilst supplied in good faith shall be regarded only as approximate, the accuracy of which a Member must test for itself.
12.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Road Guru which cannot by law (or which apply only to a limited extent to law) be excluded or modified. In respect of any such implied warranties, condition or terms imposed on Road Guru, Road Guru’s liability shall, where it is allowed, be excluded or if it is not able to be excluded only apply to the minimum extent required by the relevant statute.
13.1 Except where statute expressly requires otherwise, Road Guru is not liable in any event for any loss of profits, loss of goodwill or business opportunities, loss of customers or any consequential, indirect or special damage, loss or injury of any kind suffered by a Member or Passenger or any other person arising directly or indirectly out of the provision of the Road Guru Platform or the provision of the Services by a Driver.
13.2 Insofar as Road Guru may be liable notwithstanding this clause, to the extent permitted by law the total liability of Road Guru, whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Road Guru Platform or the provision of the Services by a Driver, a Third Party Driver or any other person, or any other breach of Road Guru’s obligations, is limited to the lesser of the value of the Road Guru Fees associated with the matter complained of or the actual loss or damage suffered by the complainant.
14.1 Each Member and Passenger fully indemnifies Road Guru against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by Road Guru arising as a direct or indirect result of any act, omission or default on such Member’s or Passenger’s part or from any breach or alleged breach of these Terms by the Member or Passenger or relating to an action or claim brought by a third party against Road Guru which relates directly or indirectly to use of the Road Guru Platform and/or the Services.
14.2 The parties agree that this indemnity shall in no way apply to any liability to pay a fine or an infringement fee imposed under the Health and Safety at Work Act 2015.
15. Collection and Use of Information:
15.1 Personal information about visitors to the Road Guru Platform is collected only when knowingly and voluntarily submitted. Each Member and Passenger authorises Road Guru to collect, retain and use any information about him or her (including but not limited to his or her name, IP address, contact information and billing or purchase details) and to disclose any such information to Drivers or any other person for the purpose for which it is submitted or for a related secondary purpose.
15.2 Unless a Member or Passenger otherwise requests, he or she agrees that Road Guru may also use the contact information or any opinions or reviews submitted for any lawful purpose, including to administer a contest, promotion, survey or other website content.
15.3 Each Member and Passenger also agrees that Road Guru and/or a Driver has the right to take photographs of him or her and his or her property in connection with the provision of the Services and authorises Road Guru to use and publish the same in print and/or electronically (with or without the Passenger’s name) and for any lawful purpose, including for example for publicity, illustration, marketing or website content.
15.4 The authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
16. Security and Disclosure of Information:
16.1 Road Guru will endeavour to take all reasonable steps to keep secure any information which it holds about a Member or Passenger, provided that Road Guru may disclose a Passenger’s information to Drivers in order that they may authorise payment by the Passenger for the Services.
16.2 Road Guru may disclose the relevant personal information if a Member or Passenger has consented or disclosure is necessary to achieve the purposes for which the information was submitted or in circumstances where it believes on reasonable grounds that doing so is required by law or is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with Road Guru’s rights or property or the rights or property of a third party.
16.3 Notwithstanding the above, transmission of data over the internet is not totally secure and Road Guru will not be held responsible for events arising from unauthorised access to a Member’s or Passenger’s personal information.
16.4 If, at any time, a Member or Passenger would like a copy of his or her information or a Member or Passenger discovers that any personal information Road Guru holds about him or her is incorrect, that Member or Passenger may send a Communication to Road Guru requesting that such information be corrected.
17. Health and Safety:
17.1 Road Guru supports good health and safety practice and undertakes to establish safe methods and safe practices at all times, comply with all legislative requirements, codes of practice and safe operating procedures relevant to Road Guru’s workplace and ensure that all accidents and incidents are accurately reported and recorded. In particular, Road Guru’s health and safety policies and procedures are recorded in a health and safety manual compiled to meet the requirements of and in accordance with the Health and Safety at Work Act 2015.
17.2 Every Driver is expected to share in Road Guru’s commitment to health and safety and Road Guru has not and will not assume any obligation arising out of the provision of the Services which otherwise would or may be imposed upon a Driver, Third Party Driver or any other third party service provider from time to time pursuant to the Health and Safety at Work Act 2015 or any substitute statute (including any regulations, orders, notices, approved codes of practice and safe work instruments made, issued or approved under the relevant statute).
18. Term and Termination:
18.1 These Terms shall be effective and shall apply until such time as a Member or Road Guru terminates these Terms as set out below:
Termination for convenience: A Driver may terminate these Terms at any time by sending Road Guru a Communication. If a Driver terminates these Terms, any confirmed Bookings will be automatically cancelled and his or her Passengers will receive a full refund and the provisions of clause 6 will apply. Road Guru may terminate these Terms for convenience at any time by giving notice via a Communication to a Member’s registered email address.
Termination for breach, suspension and other measures: Road Guru may immediately, without notice, terminate these Terms if:
a Member has materially breached these Terms including but not limited to any breach of the Member’s obligations or breach of the provisions relating to use of the Road Guru Platform set out below;
(ii) a Member has provided inaccurate, fraudulent, outdated or incomplete information during the account registration process on the Road Guru Platform or the Listing process;
(iii) a Member has breached applicable laws, regulations or third party rights; or
(iv) Road Guru believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Road Guru or third parties, for fraud prevention, risk assessment, security or investigation purposes.
18.2 Road Guru may also deactivate or delay Listings, reviews or other Member Content, cancel any pending or confirmed bookings, limit a Member’s use of or access to his or her Road Guru account or the Road Guru Platform or the Services, or temporarily or permanently suspend a Member’s Road Guru account if he or she:
(a) has breached these Terms, including material and non-material breaches, or received one or more poor ratings from Drivers or Passengers;
(b) is a Driver and has on three or more occasions cancelled a booking for Services after accepting a Booking Request for such Services; or
Road Guru believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Road Guru or third parties, for fraud prevention, risk assessment, security or investigation purposes.
18.3 If Road Guru takes any of the steps set out above, Road Guru is entitled to communicate to Passengers or Drivers that a pending or confirmed booking has been cancelled, refund the Passengers in full for any and all confirmed bookings irrespective of pre-existing cancellation policies and/or support the Passengers in finding potential alternative driver and/or guide services. For the avoidance of doubt, the Member in breach shall not be entitled to any compensation for confirmed bookings that are cancelled pursuant to this clause 18. If a Member’s breach is non-material, Road Guru may, in its sole discretion, give that Member notice of any proposed action by Road Guru and an opportunity to resolve the issue to Road Guru’s satisfaction within a reasonable time period.
18.4 If Road Guru or a Member terminates these Terms, Road Guru does not have any obligation to delete or return any Member Content. When the Terms have been terminated, the Member is not entitled to a restoration of his or her Road Guru account or any Member Content. If a Member’s access to or use of the Road Guru Platform has been restricted or the Member’s Road Guru account suspended or the Terms terminated by Road Guru, the Member may not register a new Road Guru account or attempt to access and use the Road Guru Platform.
18.5 If Road Guru or a Member terminates these Terms, the clauses of these Terms that reasonably should survive termination will remain in effect.
19. Miscellaneous Provisions:
19.1 The Driver shall not be liable for delay or failure to perform the Services if the cause of the delay or failure is beyond its control.
19.2 Failure by Road Guru to enforce any of these Terms shall not be deemed to be a waiver of any of the rights or obligations Road Guru has under these Terms.
19.3 If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining Terms shall not be affected, prejudiced or impaired.
19.4 These Terms shall be governed by and construed in accordance with the laws of New Zealand and the New Zealand courts have exclusive jurisdiction in respect of these Terms.
20. Use of the Road Guru Platform:
20.1 Each Member and Passenger acknowledges, confirms and agrees that he or she is solely responsible for compliance with all laws, rules, regulations and obligations that may apply to that Member’s or Passenger’s (as the case may be) use of the Road Guru Platform, Services and the Content.
20.2 Each Member and/or Passenger agrees that he or she will not:
Breach any applicable laws, rules, regulations and obligations;
Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access any web pages or other services contained within the Road Guru Platform or the Content;
Access or use the Road Guru Platform, Services and the Content to use or expose, or allow to be used or exposed, any Road Guru Content (i) that is not publicly displayed by Road Guru in its search results pages or on a Listing; (ii) in any way that is inconsistent with these Terms, or (iii) in any way that breaches the privacy rights of any Member, Passenger or any third party;
Use the Road Guru Platform, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;
Harm the brand of Road Guru in any way including through unauthorised use of the Content, registration or use of “Road Guru” or derivative terms in domain names, trade names, trademarks or other identifiers, or registration or use of domain names, trade names, trade marks or other identifiers which are confusingly similar to “Road Guru” or derivative terms;
Copy, store, or otherwise access or use the Content for purposes not expressly permitted by these Terms;
Infringe the rights of Road Guru or the rights of any other person or entity, including without limitation, their intellectual property, privacy or contractual rights;
Interfere with or damage the Road Guru Platform or the Services;
Use the Road Guru Platform or the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including any photographs, personal contact information or credit card details;
Use the Road Guru Platform, Services or the Content in connection with the distribution of unsolicited commercial email or advertisements unrelated to the Services;
Collect or store any personal information about any other Member or Passenger other than for the purposes of transacting as a Driver;
Offer, as a Driver, any Services that he or she does not himself or herself provide or request or book, as a Passenger, any of the Services if the Passenger will not be using the Services himself or herself;
Register for more than one account on the Road Guru Platform or register for an account on behalf of a third party;
Contact another Member for any purpose other than asking a question related to a booking request, a Listing or the Member’s use of the Road Guru Platform or the Services;
Recruit or otherwise solicit any Driver to join third party services, applications or websites, without Road Guru’s prior written approval;
Impersonate any person or entity, or falsify or otherwise misrepresent himself or herself or his or her affiliation with any person or entity;
Use automated scripts to collect information from or otherwise interact with the Road Guru Platform;
Use the Road Guru Platform, Services or the Content to find a Driver or Passenger and then complete a booking of driver and/or guide services independent of the Road Guru Platform in order to circumvent the obligation to pay any fees related to provision of the Services via the Road Guru Platform or for any other reason;
As a Driver, submit any Listing with false or misleading information, including submitting a Listing with a price that you do not intend to honour;
Engage in disruptive, abusive behaviour or harassment in any Communication or any area related to your use of the Services or the Road Guru Platform;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates, or breaches a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) breaches, or encourages any conduct that would breach, any applicable law or regulation; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from the Road Guru Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like;
use, display, mirror or frame the Road Guru Platform, Services or the Content, or any individual element within the Road Guru Platform, Services or the Content, Road Guru’s name, any Road Guru trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page within the Road Guru Platform, without Road Guru’s express written consent;
access or tamper with Road Guru’s computer system or network, or the technical delivery systems of Road Guru’s providers;
attempt to probe, scan, or test the vulnerability of any Road Guru system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Road Guru or any third party to protect the Road Guru Platform, Services or the Content;
in any way use the Road Guru Platform, Services or the Content to send altered, deceptive or false information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Road Guru Platform, the Services or the Content; or
advocate, encourage, or assist any third party in doing any of the matters set out above.
20.3 Road Guru has the right to investigate and take action against any Member or Passenger (including but not limited to removing access to any or all of the Content, deactivating or cancelling a Member’s Listing or account with Road Guru) in relation to a breach by that Member or Passenger of the provisions set out above.