Hitch Terms of Service

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14 February 2022

These Terms and conditions (“Terms”) are issued by Hitch Limited ("Hitch," "we," "us" or "our"). They constitute a legally binding agreement between you and Hitch Limited to offer you access to our carpooling service. They cover the general Terms of service that any user interacting with Hitch’s services must agree to. The terms are effective on the day you sign up for Hitch’s services via www.hitcharide.co.nz. The Terms also cover the Terms of use of our website at www.hitcharide.co.nz (“the Site”), and form part of the agreement between you and us. These Terms should also be read in conjunction with our Privacy Policy.

​Each time you access the Site and use the Hitch Services (as that term is defined below), you are indicating your agreement to be bound by all of these Terms, including any amendments made to them from time to time. If you do not agree to be bound by the Terms, you should leave the Site immediately and cease using our Services

We reserve the right to make any modifications or changes to these Terms at any time by updating them on the Site. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Site, and the Hitch Services, you agree to be bound by our updated Terms.

Please note that we reserve the right to change, suspend, discontinue, or restrict access to the Site, or the Hitch Services without notice or liability, to the extent permitted by law.

Definitions

Network – describes the collective groups of Users (which may be from one or more Workplaces) that can be matched together for carpooling.

Hitch Services - describes the service that Hitch provides connecting drivers and passengers heading the same way at the same time. ​

Users (“User”, “individuals”, “Staff”, “Students”, “Drivers”, :”Passengers”) means Hitch drivers, Hitch passengers and any other individual using the Site, and User means any one or more of those.​

Workplace (“organisation”, “organisations”, “Workplaces”, “work”, “place of study”) – means the Users place of employment or study.

Hitch Services

Hitch provides a carpooling service via the Site that matches passengers and drivers (collectively “Users”) heading in the same way at the same time. It allows Users to carpool more easily. This service includes, but is not limited to:

  • comms and marketing material it provides organisations for roll out;

  • web platform/Site;

  • matching of people;

  • text messages to connect users;

  • emails to notify of confirmed bookings and failed matches;

  • facilitation of a cost sharing arrangement between driver and passenger;

  • reporting to organisations and individuals on usage and impact; and

  • any other service that Hitch decides (at its sole discretion) to add to its Hitch Services, from time to time.

As a User you authorise Hitch to match you with another User based on factors, such as:

  • which network your account is associated with;

  • the start and end point of your desired trip;

  • the time you need to leave or be at a destination; and

  • your preferences and efficiency of other trips.

Hitch can also cancel or reschedule a trip based on these same factors. 

Hitch will do its best to find relevant matches for its members, however there may be times where this is not possible, or a ride is not available. Hitch may at times schedule you in a carpool that offers an alternative time, or route to carpool. In the instance Hitch cannot match you in a carpool at all, Hitch assumes no responsibility for getting its Users to their destination point.

Hitch is offered via workplaces or places of study. You must sign up using your workplace or place of study email address. You will only be able to be connected with others from your workplace or place of study. From time to time Hitch has public carpooling networks open. This is where users can be connected with other members of the public that have signed up. A User can be signed up to both the public network and the workplace one with separate accounts. When a User is using the public carpooling network, the Workplace or place of study is in no way associated with this trip.​

User requirements​

To use Hitch services, you must: 

  • have agreed to the Hitch terms 

  • not have committed any criminal offense within the past 5 years

  • be over 18 years of age

  • have a valid New Zealand COVID-19 vaccination pass

In addition to the user requirements, to be eligible to be a Hitch driver, you must:

  • have an up-to-date New Zealand full drivers licence;

  • make sure your car is up to the New Zealand road safety standards. This includes without limitation, having a current warrant, and NZTA registration;​

  • only use  the car(s) that have been verified by Hitch;

  • abide by all New Zealand road rules, as applicable under the laws of New Zealand;

  • abide by the laws of New Zealand at all times when engaging with Hitch’s Services;

  • carry no more passengers than the legal limit of the vehicle, up to a maximum of 12 people total in one vehicle, when using Hitch’s Services; 

  • ensure that you have no medical conditions that would impact your fitness to operate a vehicle;

  • not take any monetary compensation from other Users, other than what is facilitated by Hitch;

  • not drive if you have worked longer than 13 hours in a cumulative work day;

  • not drive if you’re feeling fatigued or in an unsafe state to drive;

  • have your own car insurance and any other relevant insurance you may need to become a Hitch driver. Please note that it is the drivers responsibility to make sure their insurance policy covers carpooling arrangements.

  • not pick up anyone else along the way, unless prior consent is granted from Hitch and the passenger. All people in a car during a time when Hitch Services are in use need to be made aware of and agree to the Hitch Services

  • accept all liability associated with driving other Users, to the extent permitted by law. 

If at any time, your circumstances change, or you do not meet these requirements, you make Hitch aware immediately and must not use Hitch’s Services. Hitch also has the right to suspend any User from using Hitch’s Services at any point without any reason.

Hitch also recommends:

  • That all drivers have an active comprehensive car insurance plan. As a driver, you agree that if any damage is incurred to your car or anyone else’s while completing a carpool arranged by Hitch, this will be your (the drivers) responsibility. This means any costs or liability associated with this cannot be passed onto an employer, place of study, Hitch, or the passenger.

  • That your (the drivers) car is serviced every 12 months or every 10,000km, whichever comes first. High mileage drivers should service their car every six months or 5,000 km, whichever comes first.

  • Hitch has zero tolerance for speeding. All drivers must not exceed the speed limit while driving other Users.

  • When driving other Hitch Users are using a car with an ANCAP safety rating over 3. Hitch does not enforce this and assumes no responsibility if something goes wrong on a trip.

 

User obligations 

The following section applies to all Hitch Users (drivers and passengers). By signing up to the Hitch Services and engaging in a carpool you agree to the following:

You will be responsible for knowing and obeying all relevant New Zealand laws when carpooling (as a driver or passenger) and / or using the Hitch Services. For example;

  • A Hitch driver and passenger must not be under the influence of alcohol, illegal drugs or medication while using Hitch Services.

  • Drivers and passengers will take reasonable measures to ensure the health and safety of those involved in a carpool.

  • Users must always wear a seat belt and where required children must be in a car seat.

  • Hitch Users have not provided any information to Hitch that is fraudulent or incorrect.

  • Users must advise Hitch of any serious improper behaviour (this includes, without limitation, violence, assault, sexual offences, and driving while under the influence of alcohol or drugs) of any Users.

  • If you believe any Hitch User has broken any law whilst engaging with Hitch, please report this immediately to us in the first instance. To further ensure the safety of all Users Hitch Users must also abide by the following:

  • Must take responsibility for ensuring they are getting into the correct vehicle based on information provided by Hitch

  • Will not discriminate or harass anyone on the basics of the following: race, gender, gender identity, sexual orientation, national origin, physical or mental disabilities, culture or religion, medical condition, age, or relationship status

  • Must not have or bring any hazardous materials in the carpool vehicle

  • Agree to follow the government's COVID-19 guidelines and protocols. Hitch requires that all Users use face masks and hand sanitiser at all times and drivers sanitise and disinfect all high touch surfaces after all rides to minimise the risk of any spread

  • Will not impersonate any people or parties

  • Will not make any physical contact with others

  • Will not conduct any threatening or bullying behaviour

  • Will not damage to any property or possessions of other Users

  • Must not use information provided by Hitch to contact other Hitch Users, unless it is directly related to a trip facilitated by Hitch. For example, visiting or attempting to visit another User after the trip has taken place will not be tolerated.

  • Must be respectful to other Hitch Users. Turn up on time, communicate with the other party (ie. Driver to passenger or passenger to driver) if your plans change, respect the other person's wishes, be a good human!

  • Must not disclose their login information to anyone else. Users are responsible for managing their Hitch accounts. This includes setting, maintaining and keeping confidential a strong password.

  • Must not damage Hitch Services or attempt to resell the platform or any part of it

  • Must not use Hitch’s Services for anything other than intended use

  • Must ensure that if their information changes or is incorrect, Hitch is notified (via claudia@hitcharide.co.nz). Users are also able to self-correct their name, email and phone number in their portal.

If at any point you believe another Hitch User has violated any of these rules or has acted inappropriately, please report this to the police if it is a breach of the law. Hitch recommends that each User saves the emergency number: “111” in their ‘favourites’ so they can access this number easily in an emergency. Less serious breaches can be handled by emailing claudia@hitcharide.co.nz.

Payments 
As a Hitch passenger, you agree that any amounts charged following a ride are mandatory and need to be paid immediately after the trip has ended. All payments are in New Zealand Dollar. Payments could include a payment to the driver to share the cost of travel, a transaction fee or a fee for using Hitch service. 


As a driver, you may  receive a contribution towards your cost of travel. This is in exchange for taking passengers in a carpooling arrangement. You authorise that this cost is determined under the New Zealand cost sharing arrangements. This is not a profit making arrangement and you will be reimbursed for the passengers share of the cost of travel. Hitch will determine this amount and facilitate this payment. You agree that you will not ask any other user or accept any other forms of payment other than what is facilitated by Hitch. 


All payments made are non-refundable. This no refunds policy shall apply at all times including after the time you end your membership with Hitch. 


Payments will be facilitated through Stripe. Billing will be completed through an email invoice on a weekly basis. 

 
If the driver uses a toll road during a Hitch associated trip, or incurs any other charges while driving (i.e a speeding ticket), it is the responsibility of the driver to pay these. These charges cannot be passed on to any other party. 

It is the responsibility of the user to provide Hitch with the required deposit details when requested in order for Hitch to distribute cost contributions from passengers to the driver. If a user fails to do so for 3 months after the first information request is sent, then Hitch reserves the right to not distribute the cost contributions to the driver.


At times there may be discount codes available to use on www.hitcharide.co.nz. These may remove some costs associated with using Hitch’s services. These discount codes are only valid for use on www.hitcharide.co.nz and are non-transferable or non-redeemable for cash except if required by law.

Communications

By signing up as a User via www.hitcharide.co.nz, you agree that you will receive communications from Hitch in the form of emails, texts, calls, mail and notifications via the forms of communication you provide us with. These communications could be automated. You also consent that at times we may need to pass your communication details (such as, your name) onto other Users for the sole purpose of facilitating a trip. We may also contact you and provide incentives to you to promote the use of our system, which may involve Hitch sharing your first and last name and number of trips with your employer. You are in no way obliged to take up the offer of incentives in exchange for promotion of Hitch. It is entirely voluntary. If at any time you wish to opt out of communications, you can opt out by using any unsubscribe option provided to you or by emailing claudia@hitcharide.co.nz.

Disclaimers

Hitch does not provide transportation Services and is not a transportation carrier.

  • Although Hitch will take reasonable measures to ensure our Services are delivered in a manner consistent with User expectations, this can not be guaranteed. There may be incidents where the system operates in an unreliable manner. In the case of any disruption, Hitch accepts no liability for damages and / or any claims, to the extent permitted by law.

  • Although Hitch takes reasonable steps for the health and safety of its Users, Hitch cannot guarantee complete control over the quality and safety of its Services.

  • Although Hitch takes reasonable steps to verify the identity of its Users, it cannot prevent against identity fraud

  • Hitch has no responsibility for information Users exchange

  • Hitch has no responsibility for property Users lose or leave in any cars used to perform Hitch’s Services

  • Hitch can advise the New Zealand Transport Agency of any serious improper behaviour (this includes, without limitation, violence, assault, sexual offences, and driving while under the influence of alcohol or drugs) of any Users

  • Hitch may modify its Services at any point in time, without any prior notice to any User. This includes pausing or discontinuing the Hitch Services completely.

  • Hitch does not assume any responsibility for links to use of third parties on our website.

  • Hitch will provide addresses for pick ups and drop offs, however it doesn’t take responsibility or the accuracy of this data

 

Indemnity

You will indemnify, defend, and hold us, and any affiliates (including our officers, employees, directors, agents, shareholders and suppliers), from any suits, claims, costs, actions, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of the Site and participation in the Services, including:​

  • any breach of these Terms, or any reference documents;

  • your violation of any law or the rights of a third party, including, without limitation, Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party;

  • any allegation of infringement or violation of copyright, trademark, trade secret or other intellectual property or other rights of any third party that arise from any materials that you submit to us or transmit through the Hitch Platform;

  • your ownership, use or operation of a motor vehicle or passenger vehicle, in the context of using Hitch; and/or

  • any other activities in connection with the use of your vehicle in using Hitch. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Limitation of liability

You agree that, except to the extent that liability is unable to be excluded by law:

  • We will not have any liability or responsibility to you or any other person, company or business under or in connection with these Terms, the use or performance of this Site, or the supply of the Hitch Services by us, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).

  • We will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect; including loss of profits, loss of data, loss of business or anticipated savings, general/special damages and consequential/incidental loss.

Privacy and use of information

Hitch is committed to protecting your privacy. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. To use Hitch’s Services, you have / will need to provide personal information. This is entirely voluntary and you may request for a copy of this information at any point. Hitch will use this information to:

  • to determine interest for coordinated carpooling

  • to match and connect people for coordinated carpooling

  • to verify your identity

  • to provide Services and products to you

  • to market our Services and products to you, including contacting you electronically (e.g. by text or email for this purpose)

  • to improve the Services and products that we provide to you

  • to see how you interact with us

  • to respond to communications from you, including a complaint

  • to conduct research and statistical analysis (on an anonymised basis)

  • to provide prizes and incentives relating to the use of the Hitch Platform

  • to protect and/or enforce our legal rights and interests, including defending any claim

  • for any other purpose authorised by you or the Act.

It is your responsibility as a User to make sure your information is kept up to date and valid.

Please read our Privacy Policy for more information.

Intellectual property rights

This Site contains intellectual property which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site, and other similar rights wherever existing in the world together with the right to apply for protection of the same.  You obtain no interest in any of that intellectual property. You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:​

(a) altering or modifying any of the code or the material on the Site;

(b) causing any of the material on the Site to be framed or embedded in another site/website; or

(c) creating derivative works from the content of the Site.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of Hitch. Hitch shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Disputes

If you have a dispute with one or more Users, you agree to release Hitch (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Site or participation in the Hitch Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Term and termination

These Terms come into effect when you first access the Site, engage with Hitch Services or sign up as a User (whichever comes first), and will continue indefinitely until cancelled by either party. A User can discontinue at any time or be suspended at the discretion of Hitch. If you no longer wish for these Terms to apply to you, you must notify Hitch by email at claudia@hitcharide.co.nz, and immediately cease accessing the Site and using the Hitch Services.

Confidentiality

If you come into contact with any form of private and confidential information pertaining to Hitch, including User information (this includes what is disclosed to you by Hitch), you shall not disclose or permit disclosure of this information to any first party.​

Consumer Guarantees Act

Please note that this Act may provide you with certain statutory rights and remedies in relation to consumer goods and Services. However, if you are using our Site or Hitch Services for the purpose of a business, you agree that the Consumer Guarantees Act 1993 shall not apply.

Relationship

Hitch is a facilitator of the relationship between Users. Hitch matches you with other Hitch users and does not own nor operate the vehicles that will be utilised by Hitch. Therefore, Hitch has no control over the performance of any Users, or their cars. Users have the right to decline / cancel suggested rides by Hitch. Although we have measures to increase the safety such as the collection of drivers licence photos, and car registration numbers to check the expiry dates of warrants of fitness and registrations we have limited control over this information and cannot guarantee that this information is correct. Although Hitch has strict user terms, we cannot and do not assess that users meet the requirements set out in the terms. Hitch does not perform background checks of the users and cannot identify if any information that is provided is false, fraudulent or inaccurate. Under no circumstances does Hitch assume any responsibility or liability for anything that may occur during a trip or while using the Hitch Services. Choosing to take part in a carpool is your decision and you acknowledge and when you are interacting with another Hitch user, the relationship is between you and that user. 

Workplace relationship

These Terms are an agreement between you and Hitch.your workplace or place of study has subsidised your use of the Hitch platform as a perk of working or studying at your workplace or place of study. Your Workplace or place of study is not a part of this agreement. This means that you, as an individual, are choosing to enter this agreement and use the Hitch Services in accordance with these Terms. Your workplace or place of study has no control over who you are matched with and your choice to take part in a carpool. Under no circumstances does your employer or place of study assume any responsibility or liability for anything that may occur during a trip or while using the Hitch Services. Choosing to take part in a carpool is your decision and you acknowledge and when you are interacting with another Hitch user, the relationship is between you and that user.

No waiver

Any failure or delay by either you or Hitch in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.

 

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms (and any amendments to these Terms) are governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand.