TERMS OF USE 2017-03-13T20:38:43+00:00

GENERAL TERMS OF USE

(Thumbs Up App for Ridesharing & thumbsup.co.nz Website)

1. General Terms and Conditions

1.1 Defined Terms

“Thumbs Up” is owned and operated by Lachmann Ltd, 427 Mataro Rd, Urenui 437. This includes the website www.thumbsup.co.nz, and is the company maintaining the matching services for ridesharing on the App and any of its partners or group or associated companies.

Conditions” means the General Conditions of Use, including the Good Conduct Charter and Privacy Policy.

Cost Contribution” means the amount excluding the Booking Fee (if any) set out by the Driver in relation to the Trip which is payable by the Passenger as their contribution towards the costs of the Trip.

Driver” means the individual using the App who offers a Ridesharing journey with a Passenger and to transport that Passenger to a given destination at an agreed time in exchange for the Cost Contribution.

Passenger” means an individual who has agreed to using the Service to travel with a Driver.

Ridesharing” means the sharing of a Vehicle for a Trip by a Driver carrying a Passenger for that Trip in exchange for a Cost Contribution.

Service” refers to any service provided by the App to any User.

App” means the mobile application platform and any other website or related mobile or other applications edited, maintained or operated by Thumbs Up alone or with others which offer similar services including any microsites or sub-sites offered through any such website or application.

Trip” means a given journey in relation to which a Driver and a Passenger have agreed a transaction through the App.

User” refers to a Passenger, Driver or any other user of the App.

User Account” refers to a Passenger, Driver or any other user of the App.

Vehicle” means the vehicle offered by a Driver for Ridesharing.

Thumbs Up provides a mobile platform which offers people to connect as driver and passenger and share their costs using the driver’s vehicle to travel to the same destination. The service of Thumbs Up is free.

 

1.2 Our rules of honesty and fairness

By downloading and using the Thumbs Up App the user agrees to the terms and following the rules:

Rule No1: Be honest and fair to your travel companion. Treat them how you would like to be treated.

Rule No2: Be reliable and on time when meeting your travel companion to start your journey.

Rule No3: Thumbs Up NZ is a free App, so please support it by making it better and sharing it with your friends

Rule No4: Have fun exploring this wonderful country!

 

2. Use of the Service

2.1 User Account and Accuracy of Information

In order to use the Services each User must create a User Account and agrees to provide any personal information requested by Thumbs Up. In particular, Users will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the App is limited to those over the age of 18 at the time of registration.

Users agree and accept that all of the information they provide to Thumbs Up when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to Thumbs Up or posted on the App in connection with any Trip, Vehicle or Ridesharing will be true accurate and complete.

Thumbs Up will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) which is incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed by Thumbs Up Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person.

Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.

By accepting the terms and conditions contained herein, User or any person who wishes to register as a User hereby agrees and consents to the fact that Thumbs Up may collect IDs or identity documents belonging to them including but not limited to passport, full and provisional driving licence for the purpose of verification of the information contained in such IDs or identity documents by a third party service provider.

 

2.2 No Commercial activity and Status of Thumbs Up

The App and the Service are strictly limited to providing an online platform that connects Drivers and Passengers to car share in a private capacity. The App and the Service may not be used to connect Drivers and Passengers to car share, offer or accept ridesharing for profit or in any commercial or professional context. Consequently, Thumbs Up may close or suspend the account of any Member using a professional (FHV, taxi, etc.), a company or a service vehicle considering that Member would be generating a profit through the services we offer on our Platform. In case of doubt, Thumbs Up may ask the Driver to provide a copy of his/her car’s registration document or any other document proving that s/he is entitled to offer trips with that vehicle on our platform and does not generate any profit in doing so.

Drivers must not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and Services booked using the App and any additional services or activities which may be agreed between Driver and Passenger.

The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).

All Trips, collection points and destinations must be pre-agreed through the App in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passenger through the App.

Users are reminded that using the App in a commercial or professional capacity may invalidate a Driver’s insurance. Thumbs Up’s liability is limited in accordance with these Conditions and in particular Thumbs Up is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Driver (in breach of these Conditions) offers Services through the App in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Users to be vigilant in ensuring that ridesharing related services are not provided on a commercial basis.

Status of Thumbs Up

Neither Thumbs Up nor the App provides any transport services. The App is a communication platform for Users to transact with one another. Thumbs Up does not interfere with Trips, destinations or timings. The agreement for ridesharing is between the Driver and the Passenger. Thumbs App is not a party to any agreement or transaction between Users, nor is Thumbs Up liable in respect of any matter arising which relates to a booking between Users.

Save in relation to the collection of the Cost Contribution in accordance with Clauses 2.3 and 2.4 below, Thumbs Up is not and will not act as an agent for any User.

Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.

 

2.3 Types of Booking and Payment

Thumbs Up offers a free service which allows Users to contact each other directly to arrange a car share by setting up a meeting point and agreeing travel conditions (including size of luggage, whether smoking is permitted, whether pets are permitted etc).

Users accept that given the nature of the service and the fact that it is free of charge Drivers and Passengers will have no recourse to Thumbs Up for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution. In particular it is the Driver’s responsibility to collect payment from the Passenger at the time of the Trip.

Save as provided in Clause 2.4 (Cancellation Service), Thumbs Up will not contact either party and will take no steps whatsoever to manage the booking. The Ridesharing service itself is managed by Drivers and Passengers only.

Please note that Thumbs Up reserves the right to change any aspect of the App or its services which may include adding new services (which may require payment) or withdrawing services.

 

2.4 Cancellation Service

Thumbs Up may offer to its Users a cancellation service with a view to assist in reducing the risks of a cancellation of a Trip or non-payment of the Cost Contribution. However, nothing in these Conditions shall impose on Thumbs Up any liability to any Users for the occurrence of any of those risks other than withholding or paying the Cost Contribution as set out below. The Cancellation Service:

–  may entitle a Driver to receive a compensation in the event of a late cancellation by a Passenger if the conditions set out below are met; or

–  may ensure that the Cost Contribution is received by the Driver only when the ridesharing service has been performed by the Driver if the conditions set out below are met.

Thumbs Up reserves the right not to offer the Cancellation Service to a Trip at its sole discretion.

 

2.4.1 How to Book a Car Share

The Driver provides details of his or her Trip on the App, specifying date and time for departure and destination points, the amount of the Cost Contribution per seat and all other relevant travel conditions.

The Passenger books one or more seats in the car for that Trip from the App and contacts afterwards the driver by email or phone call to discuss the details.

The Booking is personal to the Driver and the Passenger. The identity of the Driver and the Passenger must match the identity provided by each of them to Thumbs Up. A User shall be entitled to cancel a Trip if the identity of the Driver or that of the Passenger is not that provided on the App.

The Driver undertakes to Thumbs Up and to the Passenger(s) to perform the Trip that he or she has advertised on the App to share with them on the agreed date, time and place. The Driver also undertakes to Thumbs Up and to the Passenger(s) to ensure that his or her Vehicle has the seating capacity advertised and for which the Bookings were made.

Thumbs Up shall not be liable to the Driver for any loss resulting in the failure to pay the Driver.

 

2.5 Driver and Passenger obligations

Driver’s obligations

Each of the Drivers undertakes and agrees that:

  • they will present themselves on time and at the place agreed with the specified Vehicle;
  • they will immediately inform all Passengers of any change whatsoever to the Trip;
  • if the Driver decides to change any aspect of a Trip, the Driver undertakes to contact all Passengers who have made a booking in relation to that Trip and to obtain the agreement of all Passengers to the change.
  • they must wait for the Passenger(s) at the pick-up point for at least 30 minutes after the agreed time (however, the Passenger is expected to be punctual); and
  • they must abide by all road rules and laws of the countries in which they are driving and will drive safely.

Passenger obligations

Each of the Passengers undertakes and agrees that:

  • they will present themselves on time and at the place agreed with the Driver;
  • they will immediately inform the Driver if they are required to cancel a Trip;
  • they wait at the pick-up point for at least 30 minutes after the agreed time for the Driver to arrive;

If the Passenger or Driver fail to comply with any of these terms or any other Conditions Thumbs Up reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the App.

 

2.6 Insurance

The Driver agrees and undertakes that they will take out and maintain insurance to cover the Trip and any ridesharing offered or booked through the App. The Driver agrees that they will, on request, provide the Passenger with evidence in advance of the Trip of the complete validity of his or her insurance policy. The Driver also undertakes to hold a valid driving licence and that the Driver will own or will be entitled to use the Vehicle and that the Vehicle will have a valid WOF certificate and the Passenger is entitled to request evidence of the Driver’s insurance, registration certificate, driving licence and WOF certificate at any time up to completion of the Trip.

It is Thumbs Up’s understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as travelling for free, and is therefore a third party passenger who is covered by compulsory third party insurance in New Zealand. However Thumbs Up gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover in New Zealand.

It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance for a Trip. The Driver must confirm that his or her insurance policy allows him or her to carry passengers and that the insurance policy covers all Passengers and any accident or incident which may occur during a Trip.

The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit.

The Driver may collect no payment from the Passenger other than the Cost Contribution and the Driver must not in any event make a profit.

The Driver therefore undertakes to calculate his or her expenses (fuel, toll, maintenance, repairs, WOF, depreciation and insurance of his or her Vehicle) and guarantees that the total Cost Contributions requested from his or her Passengers does not result in any profit.

If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason the Driver will be responsible for the financial consequences, losses and damages arising and Thumbs Up will not be liable under any circumstances to the Driver or the Passenger.

Thumbs Up reserves the right to suspend immediately the account of a user or User including the money displayed as a credit or otherwise and to make aware to competent authorities any professional activity.

 

2.7 Management of disputes between Users

Thumbs Up shall provide its Users with an online service for resolving disputes. This service is non-binding. Thumbs Up is under no obligation to seek to resolve disputes and this service is offered at Thumbs Up’s sole discretion and may be withdrawn at any time.

 

2.8 Verification of phone number

In order to increase trustworthiness, prevent typos and wrong numbers, any User can verify their mobile number. The User may do this by sending Thumbs Up a text to the number 021-380110, using the user’s provided mobile phone number. The text should include the full name, user name and email address.

 

3. Liability

Thumbs Up is not a party to any agreement between a Driver and Passenger and will not be liable to either party unless the loss or damage incurred arises due to Thumbs Up’s negligence

Thumbs Up shall use its reasonable endeavour to ensure the App is available 24 hours a day, but occasionally access to the App may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for reason beyond Thumbs Up’s control. Thumbs Up does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users or users may experience with the App. If a User detects a fault, please contact us and Thumbs Up will endeavour to correct the fault as quickly as Thumbs Up can.

Thumbs Up will not be liable to a User for any fraudulent use of payment instruments by a Passenger. In such circumstances, no compensation or indemnity whatsoever shall be given by Thumbs Up to the Driver.

Thumbs Up shall not be liable for any loss or damage arising as a result of:

  • Any inaccurate or incomplete information being provided by a User;
  • The cancellation of a Trip by a Driver or Passenger;
  • Any failure to make payment of a Cost Contribution (for the free service without booking);
  • Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Passenger before, during or after a Trip.

Thumbs Up shall not be liable for any loss or damage arising as a result of:

Thumbs Up will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by Thumbs Up (whether suffered or incurred as a result of the Thumbs Up ‘s negligence or otherwise) except in the case of fraud, wilful concealment or theft.

Thumbs Up will not be liable to any User in relation to any Trip and / or unpaid Cost Contribution and / or Booking.

Nothing in this Agreement limits or excludes Thumbs Up‘s liability for death or personal injury arising as a result of Thumbs Up‘s negligence.

 

4. General Terms

4.1 Suspension or withdrawal of App access

In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that Thumbs Up can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the App (including in particular User Accounts).

 

4.2 Intellectual property

By downloading the App and registering as a Member you are being granted a non-exclusive, non-transferable, royalty-free, revocable licence to use the App for your personal use in accordance with these Terms.

We are offering you this App to use for your own personal use without cost, but you should be aware that you cannot send the App to anyone else, and you are not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, remain the property of Thumbs Up at all times.

If you add any content or images to the App, you agree that:

(a) you own the content/image or you have the legal right to use the content/image;

(b) use of the content/image will not breach any person’s intellectual property rights;

(c) you will not add anything that we might consider offensive, harmful, inaccurate or inappropriate; and

(d) to the best of your knowledge, the content/image does not contain any viruses.

By adding content or images to the App, you grant us a non-exclusive, transferable, royalty-free, perpetual, worldwide and irrevocable license to use the content/image for any purpose in connection with Thumbs Up.

We have sole discretion to remove or alter any content or images that we consider offensive, harmful, inaccurate or inappropriate. If we suspect you have breached this clause, we may immediately terminate your account or take any other action necessary or desirable to address any breach.

You indemnify us for any loss we incur as a result of your breach of this clause 4.2 .

 

5. Disclaimers

5.1    By using the App you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. This includes any loss or damage to you, your vehicle, or to anyone else that occurs in connection with a Ride. You agree not to attempt to impose liability on or seek any legal remedy from Thumbs Up with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the App regarding any bookings or Ride listings made by you. This limitation shall not apply to any claim by a Driver against Thumbs Up regarding the remittance of payments received from a Passenger by Thumbs Up on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

5.2    If you choose to use the App, you do so at your sole risk. You acknowledge and agree that Thumbs Up does not have an obligation to conduct background or Police checks on any Member, but may conduct such background or Police checks in its sole discretion.

5.3    You understand that Thumbs Up does not make any attempt to verify the statements of Members on the App or to review or inspect any vehicle or Driver.

5.4    You agree to take reasonable precautions in all communications and interactions with other Members of the App and in deciding whether to enter a vehicle. Thumbs Up explicitly disclaims all liability for any act or omission of any Driver or Passenger or other third party.

5.5    Drivers are not employees of, or contractors to, Thumbs Up. Drivers do not provide any services to us, and nothing in these terms or the App will constitute any trust, joint venture, partnership, agency or arrangement between any Driver(s) and Thumbs Up.

 

6. Links to other websites

6.1    From time to time, the App may contain links to websites, or the contact information of other persons. These links are provided for convenience only, and do not represent any endorsement by Thumbs Up or any other person of the products or services offered by the App owner or other person.

6.2    We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Thumbs Up, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

 

7. Competitions

7.1    If you take part in any competition which is run in or through the App, you agree to be bound by the rules of that competition and any other rules specified by Thumbs Up from time to time and by the decisions of Thumbs Up, which are final in all matters relating to the competition. Thumbs Up reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the competition rules.

 

8. Limitation of liability

8.1    In relation to the App we will not be liable for any losses, costs, expenses or liabilities of whatever nature and howsoever arising, unless they arise as a direct result of:

(a) any material breach of these Terms by us; or

(b) any gross negligence, wilful default, fraud, or dishonesty on our part.

8.2    You are solely liable for all activity that takes place on the App in your name, even if you comply with these Terms and do not participate in or condone the activity.

8.3    You are liable for any costs charged by your internet service provider, including any data connection costs charged in connection with your download or use of the App.

8.4    You are solely responsible for ensuring that the information you provide to us when setting up, amending, accepting or completing Rides is accurate. We accept no liability for the accuracy of the information you or any other Member supplies to us when setting up, amending, accepting or completing Rides.

8.5    Neither of us will be liable to the other for any indirect or consequential loss or damage arising out of you using or accessing the App. Subject to this, you indemnify and will keep indemnified Thumbs Up against all loss or damage suffered or incurred by Thumbs Up arising in connection with your use of the App, any breach of these Terms or otherwise.

8.6    Except for our obligations to pay any amount to applicable Drivers under these Terms, Thumbs Up’s maximum aggregate liability for any loss or damage suffered or incurred by you arising in connection with your use of the App or otherwise will be $100.

8.7    Thumbs Up gives no warranties as to the performance, reliability or availability of the App at any time. To the fullest extent permitted at law, the App is provided without warranty of any kind.

 

9. Reporting Misconduct

9.1 If you share a Ride anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who:

  • appears to be driving under the influence of alcohol or drugs;
  • appears in any way to be unfit to drive;
  • engages in offensive, violent or sexually inappropriate behaviour; or
  • engages in any other disturbing conduct,

you should immediately report that person to the appropriate authorities and then to Thumbs Up by contacting us on [email protected] or 021-380110 your police report number (where applicable) provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

10. Complaints

10.1 As a Passenger, in the event that you have any complaint or issue with a Ride such that you wish to seek a refund from the Driver for that Ride you must immediately contact us on [email protected] or 021-380110. We may attempt to help you and the relevant Driver resolve the issue.

10.2 You will only be entitled to a refund of the Service Fees if there is a fault with the App and we are required by law to provide a refund. Recovery of any Ride Contribution already paid to a Driver in respect of a Ride is a matter for the Passenger and Driver personally.

10.3 If you have any comments or complaints about the App itself, or about any action by us, please contact us on [email protected] or 021-380110.

 

11. Updates

11.1 We may make changes to these Terms from time to time – the updated Terms will apply from the time that they are made available to you via the App. If you do not agree to any change we make, you must stop using the App and the Website immediately.

 

12. General Terms

12.1 If at any time any provision of these terms is or becomes invalid or unenforceable in any respect, that provision will be read down to become valid and enforceable or, if that is not possible, deleted. The other terms will continue to apply with full effect.

12.2 These terms supersede all previous understanding, agreements and representations whatsoever and constitute the entire agreement between the parties relating to the subject matter of these terms, except where these terms expressly provide otherwise.

12.3 New Zealand law governs the App, the Website and these terms. New Zealand courts have exclusive jurisdiction.

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