Terms of Service - Hitch RoadTrip

Introduction 

These Terms and conditions (“Terms”) are issued by Hitch Limited ("Hitch," "we," "us" or "our"), are effective from 25 November 2021. They cover the general Terms of service that anyone interacting with the Hitch long distance carpooling product, Hitch RoadTrip. 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 Hitch RoadTrip 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. This service includes:

  • web platform/Site;

  • matching of people;

  • text messages and / or emails to connect individuals;

  • facilitation of payments;

  • reporting to 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.

Users means Hitch drivers, Hitch passengers and any other individual using the Site, and User means any one or more of those.

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 on long distance, intercity journeys.

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

  • the information you provide;

  • the start and end point of your desired trip;

  • the time period which you wish to travel;

  • the number of people in your group and factors such as the amount of space you need for luggage and;

  • your preferences and efficiency of other trips.

Hitch can also cancel or reschedule a trip based on these same factors. This service is open to the general public. Anyone can sign up and be matched with someone else from the general public. This service is distinct from our workplace and public commuting Hitch products.

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.

Driver requirements​

To be eligible to be a Hitch driver, you must:

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

  • have agreed to our Terms;

  • be over the age of 18;

  • are fully vaccinated;

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


Drivers must also:

  • 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 or anything that could be a profit making arrangement;

  • 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 you have specified this person and their contact details in the booking form or 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. By agreeing to these terms, you agree that each person you book on behalf of has consented to you booking as well as providing their personal details

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

  • Must be over 18 years of age

  • Must be fully vaccinated

  • 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 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 a passenger is booking for themselves as well as other users, the person booking will need to provide some photo identification as well as the full names and contact details of the person you’re booking for. By agreeing to these terms, you agree that you have consent to both book for and provide these personal details on behalf of the other passengers that you are booking for. As the person booking the travel, it is your responsibility to make sure the people you are booking on behalf of agree to these terms of service.

 

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.

 

Hitch assumes no responsibility or liability for anything that may occur during a trip or while using the Hitch Services.

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 will either equal or be less than the amount specified 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. You will be asked to indicate a total price you wish to receive for the trip. This will help inform how much we charge passengers, but it does not guarantee the amount you’ll receive from passengers. Hitch will make the final decision based on the New Zealand cost sharing regulations and our research on what passengers are willing to pay. Hitch will share the amount you will receive for each passenger before you confirm. If any passenger(s) cancels, the price that the other passengers pay will not change. You agree that you will not ask any other user or accept any other forms of payment other than what is facilitated by Hitch. 

 

As a passenger, you will be asked for an amount you are willing to contribute towards the cost of travel when booking. This does not guarantee the final price you will pay. Hitch will make the final decision based on the New Zealand cost sharing regulations and our research on what driver expect. Hitch will share this cost with you when you book. You agree that you will not offer 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. Drivers and passengers must pay within 48 hours to confirm their seat.

 
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. 

Users are required to pay to confirm their trip. The relevant details for the booking will be disclosed after both parties have pad. It is the responsibility of the driver to provide Hitch with the required bank account 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.

 

Refunds

Hitch has a refund policy for our long-distance carpooling service.

  • If either party cancels before the ride is confirmed, both parties will be refunded any payment made for that journey back in full.

  • If a passenger cancels and the driver is left with no other passengers or Hitch is unable to make any other successful matches for the driver affected on or before the date of travel, the driver will receive their booking fee back in full. The passenger that cancels will not get their booking fee refunded.

  • If a driver cancels and Hitch is unable to make any other successful matches for the passenger affected on or before the date of travel, the passenger will be refunded both the cost contribution and booking fee. The driver will not get their booking fee refunded.

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 and car registration number) 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. 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 cannot 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

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 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 conduct research and statistical analysis (on an anonymised basis)

  • to track and share with our partners anonymised trends and metrics over time

  • 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.

 

By agreeing to these terms, you also agree to Hitch’s long distance privacy policy.

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.

Privacy Policy

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. Please read our Long Distance Privacy Policy for more information.

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. Therefore, Hitch has no control over the performance of any Users. Users have the right to decline / cancel suggested rides by Hitch.

Your relationship with Hitch

These Terms are an agreement for the Hitch long distance carpooling service. These terms are separate to the Hitch commuting and workplace commuting terms. They are however linked with our long distance privacy policy and Hitch website terms of use. By agreeing to these, you also agree to both our privacy policy and website terms.

 

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.