Hitch Terms of Service
By accessing and using Hitch’s Website or the Accelerate App (whether as a guest or a registered user):
Hitch Services - describes the service that Hitch to you via Accelerate
We, us or our means Hitch Limited
Website means https://www.hitcharide.co.nz
You means you or, if clause 1.2.2 applies, both you and the other person on whose behalf you are acting.
Users (“User”, “individuals”, “Staff”, “Students”, “Drivers”, :”Passengers”) means anyone using the Accelerate app
Workplace (“organisation”, “organisations”, “Workplaces”, “work”, “place of study”) – means the Users place of employment or study.
Accelerate App (“Accelerate) refers to the Accelerate App available on the Apple App Store or Google Play Store
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Underlying System means any network, system, software, data or material that underlies or is connected to the Website or the Accelerate App
Including and similar words do not imply any limit
We may change, suspend, discontinue, or restrict access to, the Website or the Accelerate App without notice or liability.
You must provide true, current and complete information in your dealings with us (including when filling in the form to sign up) and must promptly update that information as required so that the information remains true, current and complete.
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or the Accelerate App or any Underlying System, or otherwise attempt to damage or interfere with the Website or the Accelerate App or any Underlying System; and
unless with our agreement, access the Website or the Accelerate App via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
To use Hitch’s services you must be above the age of 18 years old.
If you wish to organise a carpool with someone in your workplace and assume the role of the driver, it is your obligation to make sure:
you have a full and current New Zealand drivers license (drivers only)
your car has a current registration and has a current warrant of fitness (drivers only)
you are in a fit and safe state to drive
abide by the laws of New Zealand at all times when engaging with Hitch’s Services;
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
are willing to be liable for any damage caused when driving a carpool that was self organised via Hitch
You must respect any information you come in contact with in the app. You must not share any information with anyone else including the maps you will have access to via Accelerate
You will only use the app and features for the purposes they are intended for. For example the in app messaging service may only be used for self organising carpooling, walking and running to work with a colleague
You must obtain our written permission to establish a link to our Website or the Accelerate App. If you wish to do so, email your request to firstname.lastname@example.org.
Hitch provides an app Accelerate. The purpose of Accelerate is to:
Collect data on how you commute to and from work
Help you understand the impact of your commuting on the environment
Provide you with tools to make different commuting choices
Aggregate employee commute data, anonymise it and provide it to your workplace for their reporting purposes
Connect you with other colleagues for self organised carpooling, walking, running or cycling to work together
Influence more sustainable commuting choices through competitions & leaderboards
Hitch will use reasonable efforts to minimise outages of Accelerate, but will not be liable to you if you suffer any loss or damage as a result of any outages outside Hitch's reasonable control (including as a result of loss of, or interruption to, internet connectivity or outages caused by infrastructure or datacentre providers or other third parties).
Changes to service: You acknowledges and agrees that Hitch may:
undertake improvements, updates (including releasing new versions Accelerate), and/or make immaterial changes to the Hitch Services from time to time, at its discretion; and
suspend the operation of the Hitch Services (or any part of them) in order to repair, maintain, or improve the Hitch Services (including for the purposes of conducting scheduled maintenance or emergency maintenance),
provided that Hitch will, where reasonably practicable, give you as much advance notice as reasonably practicable of a change to the service. You must follow the instructions of Hitch in relation to any updates or improvements to Accelerate, and Hitch will not be held liable to the extent that you fail to do so.
We (and our licensors) own all proprietary and intellectual property rights in the Website or the Accelerate App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
You agree that you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website or the Accelerate App in any way except for your own personal, non-commercial use.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
the Website or the Accelerate App being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website or the Accelerate App ;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or the Accelerate App. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website or the Accelerate App protects you from this; and
any site linked from the Website or the Accelerate App. Any link on the Website or the Accelerate App to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website or the Accelerate App is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website or the Accelerate App is not illegal or prohibited, and for your own compliance with applicable local laws.
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.
To the maximum extent permitted by law:
you access and use the Website or the Accelerate App at your own risk;
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.
You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website or the Accelerate App and parts of our Service available to you. For example, we cannot provide you with access to Accelerate without your personal information and we may need to have your contact information in order to provide you with updates from our Website or the Accelerate App.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 however there may be times where information is stored outside of New Zealand. Hitch cannot guarantee that these jurisdictions uphold the same privacy standards as New Zealand
We will keep your personal information confidential, but may disclose such information:
to provide Hitch services
to persons under a duty of confidentiality to us, such as our employees, contractors, and business partners;
to service providers and other persons working with us to make the Website or the Accelerate App available or improve or develop its functionality (e.g. we use wix.com to host the Website or the Accelerate App );
in relation to the proposed purchase or acquisition of our business or assets; or
where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at email@example.com.
SUSPENSION AND TERMINATION
On suspension or termination, you must immediately cease using the Website or the Accelerate App and must not attempt to gain further access.
These Terms are an agreement between you and Hitch. Your workplace or place of study has paid for your use of the Hitch platform as a benefit 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 your use of the platform, including who you may choose to carpool, walk, run or cycle to work with. Under no circumstances does your employer or place of study assume any responsibility or liability for anything that may occur during a trip that is self organised via Hitch or while using the Hitch Services. Self organising walking, running, cycling or carpooling to work with colleagues is your decision and you acknowledge and when you are interacting with another Hitch user, the relationship is between you and that user.
At times Hitch is a facilitator of the relationship between Users. Hitch provides maps that you can opt in and display your suburb on a map for colleagues to see. The purpose of this is to facilitate connections between other colleagues for self organised carpooling, running, walking and cycling buddies. Hitch does not have any control over who you carpool, walk, run or cycle to work with. Hitch has no control over the performance of any Users, or their cars and bikes. If you opt to carpool, walk, run, or cycle to work with another colleague and this is facilitated through Hitch, the relationship is between you and the other user. Hitch does not own nor operate the vehicles used in any carpooling or cycling arrangements. 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, walk, run or cycle with another user is your decision and you acknowledge and when you are interacting with another Hitch user, the relationship is between you and that user.
If we need to contact you, we may do so by email or by posting a notice on the Website or the Accelerate App. You agree that this satisfies all legal requirements in relation to written communications.
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.
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.
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.