{"id":682,"date":"2016-12-03T08:23:52","date_gmt":"2016-12-03T08:23:52","guid":{"rendered":"http:\/\/thumbsup.co.nz\/?page_id=682"},"modified":"2017-03-13T20:38:43","modified_gmt":"2017-03-13T20:38:43","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/thumbsup.co.nz\/terms-of-use\/","title":{"rendered":"TERMS OF USE"},"content":{"rendered":"

GENERAL TERMS OF USE<\/h3>\n

(Thumbs Up App for Ridesharing & thumbsup.co.nz Website)<\/h3>\n<\/div>
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1. General Terms and Conditions<\/strong><\/p>\n

1.1 Defined Terms<\/strong><\/p>\n

\u201cThumbs Up\u201d<\/strong> is owned and operated by Lachmann Ltd, 427 Mataro Rd, Urenui 437. This includes the website www.thumbsup.co.nz<\/a>, and is the company maintaining the matching services for ridesharing on the App and any of its partners or group or associated companies.<\/p>\n

\u201cConditions<\/strong>\u201d means the General Conditions of Use, including the Good Conduct Charter and Privacy Policy.<\/p>\n

\u201cCost Contribution<\/strong>\u201d 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.<\/p>\n

\u201cDriver<\/strong>\u201d 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.<\/p>\n

\u201cPassenger<\/strong>\u201d means an individual who has agreed to using the Service to travel with a Driver.<\/p>\n

\u201cRidesharing<\/strong>\u201d means the sharing of a Vehicle for a Trip by a Driver carrying a Passenger for that Trip in exchange for a Cost Contribution.<\/p>\n

\u201cService<\/strong>\u201d refers to any service provided by the App to any User.<\/p>\n

\u201cApp<\/strong>\u201d means\u00a0the 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.<\/p>\n

\u201cTrip<\/strong>\u201d means a given journey in relation to which a Driver and a Passenger have agreed a transaction through the App.<\/p>\n

\u201cUser<\/strong>\u201d refers to a Passenger, Driver or any other user of the App.<\/p>\n

\u201cUser Account<\/strong>\u201d refers to a Passenger, Driver or any other user of the App.<\/p>\n

\u201cVehicle<\/strong>\u201d means the vehicle offered by a Driver for Ridesharing.<\/p>\n

Thumbs Up provides a mobile platform which offers people to connect as driver and passenger and share their costs using the driver\u2019s vehicle to travel to the same destination. The service of Thumbs Up is free.<\/p>\n

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1.2 Our rules of honesty and fairness<\/strong><\/p>\n

By downloading and using the Thumbs Up App the user agrees to the terms and following the rules:<\/p>\n

Rule No1: Be honest and fair to your travel companion. Treat them how you would like to be treated.<\/em><\/p>\n

Rule No2: Be reliable and on time when meeting your travel companion to start your journey.<\/em><\/p>\n

Rule No3: Thumbs Up NZ is a free App, so please support it by making it better and sharing it with your friends<\/em><\/p>\n

Rule No4: Have fun exploring this wonderful country!<\/em><\/p>\n

 <\/p>\n

2. Use of the Service<\/strong><\/p>\n

2.1 User Account and Accuracy of Information<\/strong><\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/strong><\/p>\n

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.<\/p>\n

Any breach of these Conditions will give rise to immediate suspension of a User\u2019s User Account and they may be restricted from accessing any further Services.<\/p>\n

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.<\/p>\n

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2.2 No Commercial activity and Status of Thumbs Up<\/strong><\/p>\n

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\u2019s 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.<\/p>\n

Drivers must not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver\u2019s 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.<\/p>\n

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).<\/p>\n

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.<\/p>\n

Users are reminded that using the App in a commercial or professional capacity may invalidate a Driver\u2019s insurance. Thumbs Up\u2019s 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.<\/strong><\/p>\n

Status of Thumbs Up<\/u><\/p>\n

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.<\/strong><\/p>\n

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.<\/strong><\/p>\n

Any breach of these Conditions will give rise to immediate suspension of a User\u2019s User Account and they may be restricted from accessing any further Services.<\/p>\n

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2.3 Types of Booking and Payment<\/strong><\/p>\n

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).<\/p>\n

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\u2019s responsibility to collect payment from the Passenger at the time of the Trip.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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2.4 Cancellation Service<\/strong><\/p>\n

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:<\/p>\n

\u2013\u00a0 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<\/p>\n

\u2013\u00a0 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.<\/p>\n

Thumbs Up reserves the right not to offer the Cancellation Service to a Trip at its sole discretion.<\/p>\n

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2.4.1 How to Book a Car Share<\/strong><\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Thumbs Up shall not be liable to the Driver for any loss resulting in the failure to pay the Driver.<\/strong><\/p>\n

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2.5 Driver and Passenger obligations<\/strong><\/p>\n

Driver\u2019s obligations<\/strong><\/p>\n

Each of the Drivers undertakes and agrees that:<\/p>\n