TERMS & CONDITIONS – Mastertontaxis

TERMS & CONDITIONS NEW ZEALAND

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION.

THESE TERMS of Use are effective from 1^st November 2018.

Acceptance of Terms
1. This document sets out the terms and conditions (Terms) on which you (You) may access and use the app (App) and service (together, the Service), including in particular to connect you with third parties to book taxi rides and other transport.
2. The Terms apply in addition to any other terms and conditions to which You are subject in relation to the Service, including:
  1. The privacy policy (Privacy Policy) at mastertontaxis@xtra.co.nz (Email)
  2. Any relevant third party terms and conditions, including any relevant terms for https://www.apple.com/au/itunes/ (https://www.apple.com/au/itunes/),https://play.google.com/store (https://play.google.com/store) or associated websites and for any other third party websites to which the App may be linked,
3. By accessing or using the service, You accept and agree to the Terms without any limitation or qualification. These Terms constitute a legally binding agreement between You and Masterton Taxis 409 Queen Street Masterton. (We or us).
4. You warrant to Us that You are 18 years of age or older, and have the authority to enter into these Terms. If you are accepting these Terms on the behalf of a company or other legal entity, you warrant to Us that you have the authority to bind that company or entity to these Terms.
Changes to the Terms
1. We may change these terms from time to time by posting the changed Terms through updates of the App or on the Website.
2. By you continuing to use the service, such changed terms will apply from that point forward.
Using the Service
1. The service is designed to connect You with booking services (such as taxi network service providers) which allow You to book taxis and other vehicles operated by third parties (Vehicle Operators).
2. When you request a vehicle, Our role is to communicate Your request to booking services and Vehicle Operators. We are not a booking service and are not responsible for providing the vehicle and transportation services, and we cannot compel a Vehicle Operator to do so.
3. Where a vehicle Operator accepts Your request, the Service is designed to send You confirmation and details of this. Those details may include vehicle type, licence plate, vehicle location, Vehicle Operator and contact details.
4. We may, at Our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or other interested parties. Provider’s services, subject to any additional terms that We establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
  1. Must be used for the intended audience and purpose, and in a lawful manner.
  2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Us.
  3. May be disabled by Us at any time for any reason without liability to Us.
  4. May only be used pursuant to the specific terms that We establish for such Promo Code.
  5. Are not valid for cash.
  6. Will be redeemed on the first eligible booking.
  7. May expire prior to your use.
  8. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that We determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Privacy & Use of Data
1. We may collect personal information including information you submit through Your use of the service.
2. We may collect, use and disclose Your personal information to provide, administer, improve and personalise our products and services (including the Service), identify You, protect Our lawful interests and deal with Your concerns. We may not be able to do these things without Your personal information. For example, some functionality of the App may be limited or we may not be able to offer all aspects of the Service.
3. We may exchange Your personal information with Our related bodies corporate and Our service providers that assist us with archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigation, website or technology services.
4. Subject to this clause 3, we may also handle personal information as set out in the Privacy Policy which is available online or by contacting Us. You have read the Privacy Policy and understand that it contains further details about Our handling of personal information, and procedures regarding access and correction of personal information, and Your privacy concerns.
5. If you provide personal information to Us (including by putting it into the App) about any third party You must first ensure that they consent having regard to this clause3 (as though extended to them) and the Privacy Policy (subject to this clause3).
Safety : You must not:
1. Submit, or use the service to send, any unauthorised commercial communications (such as spam);
2. Access the Service using automated means;
3. Upload viruses or other malicious code to the Service;
4. Bypass any measure We may use to prevent or restrict access to the Service, any part of the service or any other software, systems or networks connected to the Service;
5. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Service;
6. Create derivative works from any part of the Service;
7. Rent, lease, lend, sell, transfer, redistribute, or sublicense the App or Our Materials;
8. Not to do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack;
9. Let anyone else access Your account for the Service; or
10. Use the Service in any manner or for any purpose that it is unlawful.
Termination
1. You may stop using the Service at anytime for any reason, without notice to Us.
2. We may terminate, disable, block or suspend Your access to the Service:
  1. Immediately, if You breach, or We suspect on reasonable grounds that You have breached, these terms: or
  2. On 7 days’ notice to You, at any other time for any other reason.
3. All provisions which by their nature survive termination, including clauses 3, 6, 7, 9,10, will survive termination of these terms.
Responsibilities
1. You are responsible for:
  1. All of Your activity on and in connection with the Service (including Your use of other interested Sites and Tools, as defined in sections 9 and 10 below);
  2. All of the activity conducted using Your account for the Service, whether or not conducted or authorised by You;
  3. Keeping Your password for the Service safe, secure and confidential, and notifying Us if you become aware that access to you account for the Service has been compromised:
  4. Ensuring that all of the information and details that You submit to the Service are complete and correct at all times;
  5. Ensuring that Your device used to access the Service is compatible with Service, and that You are authorised to use it.
  6. What you access on the Service;
  7. How you interpret or use the Service; and
  8. Any actions that You may take as a result of the Service.
2. We reserve the right to access, read, preserve and disclose any information as We reasonably believe is necessary to:
  1. Satisfy any law or regulation;
  2. Enforce these terms, including investigation of potential violations of these terms;
  3. Detect, prevent or otherwise address fraud, security or technical issues; or
  4. Respond to support issues.
3. Since electronic services are subject to interruption, breakdown and failure, access to the App and other electronic features of the Service is offered on an “as is” and “as available: basis only. There are many things outside Our control which might mean that the Services cannot function under all circumstances. Subject to Your Consumer Rights (clause 8), You acknowledge that it is Your responsibility to take appropriate measures to minimise any loss or damage that may flow from any interruption, breakdown or failure of the Service. For example, You should not rely on the Service to ensure transportation in any emergency situations.
Your Consumer Rights
1. Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the New Zealand Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights).
2. In New Zealand, Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the NZ Commerce Commission.
3. Where you suffer a loss in connection with this App and You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.
4. Subject to Your Consumer Rights, we are not liable;
  1. For any loss that was not reasonably foreseeable to You and Us;
  2. To the extent that Your loss was contributed to by You or any other matter outside Our reasonable control; and
  3. For any transportation services, which are the responsibility of the vehicle Operator and not Us.
Links to Third Party WebsitesThe App may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). The links are provided for convenience only and We have not verified and do not sponsor, endorse or approve the operators of, or any materials on (including information, products or services), those Third operators of, or any materials on (including information, products or services), those other interested Sites.
Third Party ToolsCertain tools, devices, software programs or other features (Tools) available on or through the App may be provided by third parties. These Tools are provided as a convenience to You. These Tools are not operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.
Platform Tools
1. You acknowledge that We (not any other party) are responsible for the App and its contents in accordance with these Terms. Both You and We acknowledge that We (not any other party) are responsible for providing any maintenance and support services for, and addressing complaints in relation to, the App.
2. You represent and warrant that You are not:
  1. located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, or
  2. listed on any US government list of prohibited or restricted parties.
3. If you access the App on a device that is capable of accessing Google Play, we grant You a non-exclusive, worldwide and perpetual licence to perform, display and use the App on Your device that is capable of accessing Google Play.
4. The following paragraphs (1) to (5) apply for the Apple version of the App available on the iTunes Store:
  1. You acknowledge that these Terms are between Us and You, and that Apple Inc (Apple) is not a party to these Terms.
  2. We grant You a non-exclusive, revocable, royalty free, non-transferable licence to use the App in accordance with these Terms on an iOS Product (that is, any Apple-Branded product that runs the iOS operating system software provided by Apple) or any other product permitted by Apple from time to time that You use or control and as permitted by the “Usage Rules” set out in the “App Store Terms of Service”.
  3. Both You and We acknowledge that in the event of any other interested parties claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, We (not Apple) will be solely responsible for the investigation, defence, settlement and discharge of such claim.
  4. You acknowledge that Apple has (to the maximum extent permitted by law) no warranty obligations with respect to the App and that any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty implied or imposed by law will be Our responsibility (not Apple’s). Without limiting any other provisions of these Terms, both You and We also acknowledge that We (not Apple) are responsible for addressing any claims that You or a third party has relating to the App or Your possession or use of the App, including without limitation any product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation.
  5. Where permitted under applicable laws, You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, on Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a other interested parties beneficiary of these terms.
General
1. If any provision of these terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
2. These Terms are governed by the laws of New Zealand. Subject to Your Consumer Rights, the courts of New Zealand (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
3. If we fail to enforce any of Our rights under these Terms, tat does not mean We waive those rights. If you fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.
4. These terms are personal to You and You may not assign or otherwise transfer any rights under these terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.
5. These terms govern any upgrades provided by Us that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgrade.

If You have any questions or complaints about the App, please contact Us on the details below:

Email Address: mastertontaxis@xtra.co.z