Rideshare Website Terms and Conditions of Use

These terms and conditions of use and the Rideshare Privacy Statement (together "Terms of Use") apply to all users of Auckland Transport's Rideshare Website and the Rideshare programme available on that site (the "Website"). By clicking the "I accept" button on the registration form when you log in you are stating that you agree to be bound by all of these Terms of Use. If you do not agree to be bound by these Terms of Use then you should stop using and accessing the Website.

ACCEPTING/PROVIDING RIDES

Rideshare is an online system that provides a matching system that allows individuals to find and accept carpooling arrangements. Use of the system is voluntary and entirely at the discretion of participants.

THE WEBSITE IS OFFERED FREE OF CHARGE AND STRICTLY AS A CONVENIENCE AND SERVICE TO COMMUTERS SEEKING CARPOOLING SERVICES. ALL POTENTIAL RIDESHARE USERS SHOULD EXERCISE CAUTION AND DISCRETION, AND GENERALLY TAKE WHATEVER STEPS HE OR SHE DEEMS NECESSARY TO ENSURE ONE'S PERSONAL SAFETY. YOU ACCEPT FULL PERSONAL RESPONSIBILITY FOR ANY RIDE THAT YOU MAY ACCEPT OR PROVIDE THROUGH THIS SERVICE. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR ACTIONS OF ANY INDIVIDUALS USING THE WEBSITE.

You must be at least 18 years of age to be use this Website.

PRIVACY

Certain information about your use of the Website and personal information that you supply to Auckland Transport are subject to our Privacy Policy. We may use this information to contact you in relation to a carpool you are or have been involved in or to assist your employer, the police or other government authorities where we believe it is reasonably necessary to protect your safety or the safety of other people you have been carpooling with where these carpools have been organised directly or indirectly through the Website. For more information, please review our full Privacy Statement.

Refer to New Zealand’s Privacy Act 1993 website for more information about how it protects the personal information of individuals in New Zealand.

RELIANCE UPON INFORMATION AND PASSWORD:

To be a registered user of the Website ("Registered User") you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form ("Registration Data"). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate. When you register you will be provided with a temporary password. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that Auckland Transport can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify Auckland Transport immediately if you become aware of any unauthorised use of your password or if you believe your password is no longer secret and we will cease relying on that password. You release Auckland Transport from any claim and won't make any claim against Auckland Transport in respect of or arising from any reasonable reliance by Auckland Transport upon any use of your password, including Auckland Transport disclosing personal information relating to your Registration Data. You agree to indemnify and hold Auckland Transport, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by Auckland Transport or any third party due to or arising out of reasonable reliance by Auckland Transport or any third party upon any acts carried out, requests made or information provided through the use of your password.

REGISTERED USER CONDUCT [*]

You agree that:

(a) you will not use your access to the Website, or any carpool organised directly or indirectly through the Website, for any purpose that is unlawful or prohibited by the Terms of Use;

(b) you will use your access to the Website solely to arrange carpools for your own purpose and will not use the Website for any other purpose including arranging carpools on behalf of any other person;

(c) you will not use the Website to directly or indirectly

i. defame, abuse, harass, stalk or threaten others;

ii. collect information about others, including email addresses, without their consent;

iii. create a false identity for the purpose of misleading others;

iv. transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);

v. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;

vi. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;

vii. attempt to gain unauthorised access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means;

viii. interfere with another member's use and enjoyment of the Website.

(d) you will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your or through the use of your password.

PROVISION OF SERVICES

We may modify, suspend or discontinue any or all of the contents of the Website from time to time in our absolute discretion.

TERMINATION

We may terminate your access to the Website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a Registered User of the Website your only recourse is to discontinue your use of the Website and notify us that you have terminated your membership. Upon termination, your right to use the Website immediately ceases.

COMMUNICATIONS FROM US

You agree that we may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

LIMITATION OF LIABILITY

Access to this Website and use of this Website is provided as a free service to enable you to organise carpools. As such, without limiting any rights you may have under the Consumer Guarantees Act 1993, to the fullest extent permitted by law we exclude all liability to you whether in tort (including negligence), contract, or otherwise for any loss or damage which may be suffered or incurred by you either directly or indirectly in respect of the Website, including any loss of profits or any consequential, indirect or special damages or loss or injury of any kind suffered by you or any other person. Without limitation, we will not be liable to you for losses arising directly or indirectly from any failure, error, interruption, changes, suspension, discontinuance, use or content of the Website.

EXCLUSION OF WARRANTIES

The Consumer Guarantees Act 1993 may confer rights and remedies on you in relation to the provision of Website by us which cannot be excluded, restricted or modified. However, we do exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise in relation to the Websites.

INDEMNIFICATION

You agree to indemnify and hold us, our officers and employees, harmless from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of your use of or conduct in relation to the Website, including without limitation a breach of these Terms of Use.

COPYRIGHT AND LIMITED REPRODUCTION NOTICES

The contents of the Website are the copyright of Auckland Transport and its licensees. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Website may be resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for your own use.

AMENDMENT

Auckland Transport reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these terms and conditions on the Website. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms.
These terms and conditions were last updated on 1 December 2006.

LINKING

The contents of the Website may include links to third party materials ("linked sites"). Auckland Transport will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.

ADVERTISERS

Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

LAW

These Terms of Use are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the Courts of New Zealand.

SEVERABILITY

If any portion of these Terms of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

CONTACT

If you have any questions or concerns in relation to the Website or these Terms of Use, wish to report unauthorised use of your password or wish to terminate your registration please contact us.

[*] Covered in short in our disclaimer under 6.