Hitch Terms of Service

THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY. CLICK HERE TO VIEW THE PRIVACY POLICY 

APPLICATION OF TERMS OF USE
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 Accelerate. 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. 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.
 
By accessing and using Hitch’s Website or the Accelerate App (whether as a guest or a registered user):
you agree to these Terms of Use, and to abide by them every time you access the Website or the Accelerate App ; and 
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms of Use on that person’s behalf and that, by agreeing to these Terms of Use on that person’s behalf, that person is bound by these Terms of Use.
Please do not use the Website or the Accelerate App if you do not agree to abide to these Terms of Use, and/or you are not authorised to access and use the Website or the Accelerate App. 

Definitions
In these Terms of Use:

  • 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

  • Terms of Use means these Terms of Use and conditions titled Website or the Accelerate App Terms of Use

  • 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


CHANGES
We may change these Terms of Use at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms of Use.  By continuing to access and use the Website or the Accelerate App, you agree to be bound by the changed Terms of Use. 
We may change, suspend, discontinue, or restrict access to, the Website or the Accelerate App without notice or liability.
These Terms of Use were last updated on 11/04/2022


YOUR OBLIGATIONS 
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.
You must:

  • 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 claudia@hitcharide.co.nz.

  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms of Use.

HITCH SERVICES
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 

OUTAGES

 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. 

 INTELLECTUAL PROPERTY 
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.

 

DISCLAIMERS
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. 

 

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.
 


LIABILITY 
To the maximum extent permitted by law:

  • you access and use the Website or the Accelerate App at your own risk;

  • we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms of Use, the Website or the Accelerate App, or your access and use of (or inability to access or use) the Website or the Accelerate App.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

  • 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.

  • Except to the extent permitted by law, nothing in these Terms of Use has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

  • To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms of Use do not apply, our total liability to you under or in connection with these Terms of Use, or in connection with the Website or the Accelerate App, or your access and use of (or inability to access or use) the Website or the Accelerate App, must not exceed NZD100. 


PRIVACY POLICY
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
The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, profiling you on a leaderboard, for competitions, putting you on the carpooling, walking, running or cycling map. for providing data (anonymised) to your workplace, statistical analysis, the marketing by us of products and services to you, research and development or any other reasons for Hitch to provide its services or as specified in the privacy policy.
We may also collect technical information whenever users visit  our Website or the Accelerate App.  This may include information about the way users arrive at, browse through and interact with our Website or the Accelerate App. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website or the Accelerate App.  We use the technical information we collect to have a better understanding of the way people use our Website or the Accelerate App, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website or the Accelerate App more personalised and applicable to your interests.

  • 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 claudia@hitcharide.co.nz.
Our privacy policy is a separate document. This must also be agreed to.


SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms of Use or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website or the Accelerate App (or any part of it).
On suspension or termination, you must immediately cease using the Website or the Accelerate App and must not attempt to gain further access.

RELATIONSHIP
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. 

GENERAL
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. 
These Terms of Use, and any dispute relating to these Terms of Use or the Website or the Accelerate App, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms of Use or the Website or the Accelerate App.
For us to waive a right under these Terms of Use, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms of Use, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
If any part or provision of these Terms of Use is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms of Use.  The remainder of these Terms of Use will be binding on you.
These Terms of Use, and any other terms expressly referred to in them, set out everything agreed by the parties relating to your use of the Website or the Accelerate App and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms of Use.  The parties have not relied on any representation, warranty or agreement relating to the Website or the Accelerate App that is not expressly set out in the Terms of Use, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms of Use. 


NO WAVIER
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.