Last updated: 1 September 2024
These Aotearoa Rideshare Limited – Terms and Conditions (“Aotearoa Rideshare Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Aotearoa Rideshare Services”) made available by Aotearoa Rideshare Limited, a private limited liability company established in New Zealand, registered with the New Zealand Companies Office under number 9429052178689 (“Aotearoa Rideshare”).
Aotearoa Rideshare Services may be provided by Aotearoa Rideshare or, if specified in these Aotearoa Rideshare Terms or any supplemental terms, affiliates of Aotearoa Rideshare.
Your access and use of the Aotearoa Rideshare Services constitutes your agreement to be bound by these Aotearoa Rideshare Terms, which establishes a contractual relationship between you and Aotearoa Rideshare. If you do not agree to these Aotearoa Rideshare Terms, you may not access or use the Aotearoa Rideshare Services. These Aotearoa Rideshare Terms expressly supersede prior agreements or arrangements with you.
Supplemental terms may apply to certain Aotearoa Rideshare Services, such as policies for a particular event, activity or promotion, or a particular category of Aotearoa Rideshare Services. Supplemental terms will be provided to you in connection with the applicable Aotearoa Rideshare Services.
Any supplemental terms are in addition to, and shall be deemed a part of, the Aotearoa Rideshare Terms for the purposes of the applicable Aotearoa Rideshare Services. Supplemental terms shall prevail over these Aotearoa Rideshare Terms in the event of a conflict with respect to the applicable Aotearoa Rideshare Services.
Aotearoa Rideshare may amend the Aotearoa Rideshare Terms, any supplemental terms or policies related to the Aotearoa Rideshare Services from time to time. Aotearoa Rideshare will provide you with at least 30 days’ written notice in the event of a material change to any Aotearoa Rideshare Terms, policies or supplemental terms that detrimentally affects your rights under these Aotearoa Rideshare Terms. Amendments will be effective upon posting of such updated Aotearoa Rideshare Terms at this location or the amended supplemental terms or policies on the applicable Aotearoa Rideshare Service or at this location (as the case may be). Your continued access or use of the Aotearoa Rideshare Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Aotearoa Rideshare Terms, policies and supplemental terms, as amended.
Aotearoa Rideshare may restrict you from accessing or using the Aotearoa Rideshare Services, or any part of them, immediately, without notice, in circumstances where Aotearoa Rideshare reasonably suspects that:
(a) you have, or are likely to, breach these Aotearoa Rideshare Terms;
(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Aotearoa Rideshare, to access and use the Aotearoa Rideshare Services;
Aotearoa Rideshare may terminate these Aotearoa Rideshare Terms or any Aotearoa Rideshare Services with respect to you, or generally cease offering or deny access to the Aotearoa Rideshare Services or any portion thereof:
(a) immediately, where Aotearoa Rideshare reasonably suspects that: (i) you have, or are likely to, materially breach these Aotearoa Rideshare Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Aotearoa Rideshare, to access and use the Aotearoa Rideshare Services; or
(b) on 30 days’ written notice to you, where Aotearoa Rideshare, acting reasonably, terminates these Aotearoa Rideshare Terms or any Aotearoa Rideshare Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Aotearoa Rideshare Terms, Aotearoa Rideshare may immediately restrict or deactivate your access to the Aotearoa Rideshare Services if you breach the Community Guidelines at any time.
You may terminate these Aotearoa Rideshare Terms, or stop using the Aotearoa Rideshare Services, at any time, for any reason.
Our collection and use of personal information in connection with the Aotearoa Rideshare Services is as provided in Aotearoa Rideshare’s Privacy Policy. Aotearoa Rideshare may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include a vehicle crash, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
Aotearoa Rideshare will provide the Aotearoa Rideshare Services to you in accordance with these Aotearoa Rideshare Terms. The Aotearoa Rideshare Services constitute the provision of a technology platform that enables you, as a user of Aotearoa Rideshare’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with Aotearoa Rideshare or its affiliates (“Third Party Providers”), including: transportation services from those Third Party Providers; and (b) facilitate payments to Third Party Providers for the services provided to you by those parties and receive receipts from an Aotearoa Rideshare affiliate for those payments.
The Aotearoa Rideshare Services are made available solely for your personal, non-commercial use, unless Aotearoa Rideshare has agreed with you otherwise in a separate agreement. You acknowledge that: (a) Aotearoa Rideshare does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by independent third party contractors who are not employed by Aotearoa Rideshare or any of its affiliates. Aotearoa Rideshare accepts liability for the Aotearoa Rideshare Services and Application that it provides to you subject to these Aotearoa Rideshare Terms. Third Party Providers are solely responsible for the services they provide to you.
Subject to your compliance with these Aotearoa Rideshare Terms, Aotearoa Rideshare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Aotearoa Rideshare Services; and (ii) access and use any content, information and related materials that may be made available through the Aotearoa Rideshare Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Aotearoa Rideshare and Aotearoa Rideshare’s licensors.
You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Aotearoa Rideshare Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Aotearoa Rideshare Services except as expressly permitted by Aotearoa Rideshare; (iii) decompile, reverse engineer or disassemble the Aotearoa Rideshare Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Aotearoa Rideshare Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Aotearoa Rideshare Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Aotearoa Rideshare Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Aotearoa Rideshare Services or its related systems or networks.
You acknowledge that portions of the Aotearoa Rideshare Services may be made available under Aotearoa Rideshare’s various brands or request options associated with transportation or delivery services, including the transportation request brands currently referred to as “BudgetBoost”, “ElectricExpress,” “ComfortCars,” “PoolPals,”, “ExecutiveEdge and “PreciousPet,”
You also acknowledge that the Aotearoa Rideshare Services may be made available under such brands or request options by or in connection with: (i) certain of Aotearoa Rideshare’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licences.
The Aotearoa Rideshare Services may be made available or accessed in connection with third party services and content (including advertising) that Aotearoa Rideshare does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Aotearoa Rideshare will not warn you that you have left the Aotearoa Rideshare Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Aotearoa Rideshare Services and are not controlled by Aotearoa Rideshare. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Aotearoa Rideshare does not endorse such third party services and content and in no event shall Aotearoa Rideshare be responsible or liable for any products or services of such third party providers.
The Aotearoa Rideshare Services and all rights therein are and shall remain Aotearoa Rideshare’s property or the property of Aotearoa Rideshare’s licensors. Neither these Aotearoa Rideshare Terms nor your use of the Aotearoa Rideshare Services convey or grant to you any rights: (i) in or related to the Aotearoa Rideshare Services except for the limited licence granted above; or (ii) to use or reference in any manner Aotearoa Rideshare’s company names, logos, product and service names, trademarks or services marks or those of Aotearoa Rideshare’s licensors.
The goods and services that you may request using the Aotearoa Rideshare Services are available in designated areas as communicated via the Application from time to time (“Aotearoa Rideshare Active Area”). Aotearoa Rideshare does not guarantee that you will be able to use the Aotearoa Rideshare Services to request any such goods and services in the Aotearoa Rideshare Active Area at all times.
In order to use most aspects of the Aotearoa Rideshare Services, you must register for and maintain an active personal user Aotearoa Rideshare Services account (“Account”). You must be at least 18 years of age to obtain an Account, unless a specific Aotearoa Rideshare Service permits otherwise. Account registration requires you to submit to Aotearoa Rideshare certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Aotearoa Rideshare Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Aotearoa Rideshare in writing, you may only possess one Account.
The Aotearoa Rideshare Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Aotearoa Rideshare Services, and you may only access or use the Aotearoa Rideshare Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these Aotearoa Rideshare Terms. You will not, in your use of the Aotearoa Rideshare Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including Aotearoa Rideshare, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Aotearoa Rideshare Services, and you agree that you may be denied access to or use of the Aotearoa Rideshare Services if you refuse to provide proof of identity or other method of identity verification.
By creating an Account or accessing the Aotearoa Rideshare Services, you agree that Aotearoa Rideshare or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the Aotearoa Rideshare Services. You agree that Aotearoa Rideshare and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Aotearoa Rideshare at any time by following the directions found at www.aride.nz. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Aotearoa Rideshare Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.
An Aotearoa Rideshare affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the Aotearoa Rideshare affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 the Aotearoa Rideshare affiliate; (iii) may, as permitted by law, be disabled by Aotearoa Rideshare or its affiliate at any time without liability to Aotearoa Rideshare or its affiliate; (iv) may only be used pursuant to the specific terms that the Aotearoa Rideshare affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Aotearoa Rideshare affiliate reserves 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 the Aotearoa Rideshare affiliate reasonably determines or believes 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 Aotearoa Rideshare Terms.
Aotearoa Rideshare may, in Aotearoa Rideshare’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Aotearoa Rideshare through the Aotearoa Rideshare Services textual, audio, and/or visual content and information, including commentary and feedback related to the Aotearoa Rideshare Services, Delivery People and Third Party Providers, initiation of support requests, and submission of entries for competitions and promotions (“User Generated Content”).
You are responsible for obtaining the data network access necessary to use the Aotearoa Rideshare Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Aotearoa Rideshare Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Aotearoa Rideshare Services and Applications and any updates thereto. Aotearoa Rideshare does not guarantee that the Aotearoa Rideshare Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Aotearoa Rideshare Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Aotearoa Rideshare Services may result in charges to you for the services or goods you receive from a Third Party Provider or for any services you receive from an Aotearoa Rideshare affiliate (“Charges””). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Third-Party Provider and/or the Aotearoa Rideshare affiliate, or required under applicable New Zealand consumer law.
With respect to Third Party Providers, Aotearoa Rideshare and/or its affiliates will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. If Aotearoa Rideshare and /or its affiliates bear responsibility for payment of any GST charged in respect of goods or services provided by a Third Party Provider, Aotearoa Rideshare and /or its affiliates will retain, own and remit the GST component of the relevant Charges to the Inland Revenue Department. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider (other than the GST component of the relevant Charges which is retained by Aotearoa Rideshare and /or its affiliates where the applicable GST laws require it to make payment of that GST directly to the Inland Revenue Department). You retain the right to request lower Charges from a Third Party Provider for transportation services received by you from such Third Party Provider at the time you receive such transportation services. An Aotearoa Rideshare affiliate will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate the Third Party Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Aotearoa Rideshare Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Aotearoa Rideshare Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
There also may be certain Charges you incur that will be owed and paid directly to an Aotearoa Rideshare affiliate. For the avoidance of doubt, Aotearoa Rideshare or its affiliates do not charge a fee for you to access the Aotearoa Rideshare App, but may charge you a fee or other Charge in connection with accessing goods or services from a Third Party such as a fee for support services supplied by an Aotearoa Rideshare affiliate.
All Charges are due immediately and payment will be facilitated or enabled by Aotearoa Rideshare and / or its affiliates using the preferred payment method designated in your Account, after which you will be sent a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Aotearoa Rideshare and/or its affiliates may use a secondary payment method in your Account, if available.
You acknowledge that an Aotearoa Rideshare affiliate may, acting reasonably, establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Aotearoa Rideshare Services at any time at the direction of the Third Party Provider or otherwise in the Aotearoa Rideshare affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Aotearoa Rideshare will use reasonable efforts to ensure the Aotearoa Rideshare affiliate informs you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account. You acknowledge that an Aotearoa Rideshare affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Aotearoa Rideshare Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Aotearoa Rideshare Services or the Charges applied to you.
You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee, subject to Aotearoa Rideshare or its affiliate’s cancellation policies. If the transportation services are cancelled for any reason not attributed to you in accordance with Aotearoa Rideshare or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid.
If you have other issues with any items or services provided by a Third Party Provider, Aotearoa Rideshare or its affiliate will manage your complaint in accordance with the complaints process set out in section 6.
Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Consumer Guarantees Act 1993.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Aotearoa Rideshare Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an Aotearoa Rideshare affiliate in the affiliate’s reasonable discretion, Aotearoa Rideshare reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Aotearoa Rideshare to the applicable Third Party Provider and are non-refundable.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Consumer Guarantees Act 1993.
Except as required of Aotearoa Rideshare and its affiliates under the consumer guarantees, the Aotearoa Rideshare Services are provided “as is” and “as available”. Aotearoa Rideshare and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Aotearoa Rideshare Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Aotearoa Rideshare Services or any services or goods requested by you or on your behalf through the use of the Aotearoa Rideshare Services, or that the Aotearoa Rideshare Services will be uninterrupted or error-free. Aotearoa Rideshare and its affiliates do not guarantee the quality, suitability, safety or ability of Third Party Providers or an Aotearoa Rideshare affiliate (in its role as a delivery services provider). you agree that the entire risk arising out of your use of the Aotearoa Rideshare Services, and any services or goods requested by you or on your behalf through the use of the Aotearoa Rideshare Services, remains solely with you, to the maximum extent permitted under applicable law, including the Consumer Guarantees Act 1993.
Limitation of Liability
If you are acquiring the goods or services as a consumer, Aotearoa Rideshare's liability for a failure to comply with a consumer guarantee is limited to: (a) in the case of goods supplied to you as part of the Aotearoa Rideshare Services, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and (b) in the case of services supplied to you as part of the Aotearoa Rideshare Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.
In no event shall Aotearoa Rideshare’s or its affiliates’ total combined liability to you in connection with the Aotearoa Rideshare Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand New Zealand dollars (NZ $1,000).
Exclusion of Liability
Aotearoa Rideshare and its affiliates’ liability to you for a breach of any condition, warranty or term of these Aotearoa Rideshare Terms that is not a breach of a consumer guarantee is also limited in the following way: Aotearoa Rideshare and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Aotearoa Rideshare Services, even if Aotearoa Rideshare or its affiliate has been advised of the possibility of such damages. Aotearoa Rideshare and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Aotearoa Rideshare Services or your inability to access or use the Aotearoa Rideshare Services; or (ii) any transaction or relationship between you and any Third Party Provider or Aotearoa Rideshare affiliate, even if Aotearoa Rideshare or its affiliate has been advised of the possibility of such damages. Aotearoa Rideshare and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond Aotearoa Rideshare or its affiliates’ reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
Aotearoa Rideshare or its affiliate will maintain a complaints management framework, and will manage this framework for Aotearoa Rideshare and its affiliates, and on behalf of Third Party Providers, in a reasonable way.
You agree to indemnify and hold Aotearoa Rideshare and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Aotearoa Rideshare Services or services or goods obtained through your use of the Aotearoa Rideshare Services; (ii) your breach or violation of any of these Aotearoa Rideshare Terms; (iii) Aotearoa Rideshare’s use of your User Generated Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Aotearoa Rideshare or its affiliate directly caused or contributed to any such Losses.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Aotearoa Rideshare Services or these Aotearoa Rideshare Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Aotearoa Rideshare or its affiliate operates a complaints process to allow you to make complaints about Aotearoa Rideshare, an Aotearoa Rideshare affiliate (in its capacity as delivery service provider) or Third Party Providers, and Aotearoa Rideshare or its affiliate also manages refunds to you in relation to those complaints. Aotearoa Rideshare or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws.
Except as otherwise set forth in these Aotearoa Rideshare Terms, these Aotearoa Rideshare Terms shall be exclusively governed by and construed in accordance with the laws of New Zealand, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of New Zealand or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Aotearoa Rideshare Terms.
Claims of copyright infringement should be sent to Aotearoa Rideshare’s designated agent. Please visit Aotearoa Rideshare’s web page at www.aride.nz for the designated address and additional information.
Aotearoa Rideshare may give notice by means of a general notice on the Aotearoa Rideshare application or website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Aotearoa Rideshare by written communication to support@aride.nz.
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s licence, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Aotearoa Rideshare Terms are between you and Aotearoa Rideshare and not with the App Store and that Aotearoa Rideshare is responsible for the provision of Aotearoa Rideshare Services as described in these Aotearoa Rideshare Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Aotearoa Rideshare Terms. Upon your acceptance of these Aotearoa Rideshare Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Aotearoa Rideshare Terms against you as a third-party beneficiary thereof. These Aotearoa Rideshare Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User Licence Agreement and these Aotearoa Rideshare Terms, these Aotearoa Rideshare Terms will control.
You may not assign or transfer these Aotearoa Rideshare Terms in whole or in part without Aotearoa Rideshare’s prior written approval. You give your approval to Aotearoa Rideshare for it to assign or transfer these Aotearoa Rideshare Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Aotearoa Rideshare’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Aotearoa Rideshare or any Third Party Provider as a result of the contract between you and Aotearoa Rideshare or use of the Aotearoa Rideshare Services.
If any provision of these Aotearoa Rideshare Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Aotearoa Rideshare Terms but the legality, validity and enforceability of the other provisions in these Aotearoa Rideshare Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Aotearoa Rideshare Terms. These Aotearoa Rideshare Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Aotearoa Rideshare Terms, the words “including” and “include” mean “including, but not limited to”.