Website Terms of Use

1.    APPLICATION OF TERMS OF USE
1.1    These Terms of Use (together with any other documents referred to below) outline the terms on which you may use the Website. 
1.2    By accessing and using the Website (whether as a guest or a registered user):

a    you agree to these Terms of Use, and to abide by them every time you access the Website; and 
b    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.

1.3    Please do not use the Website if you do not agree to abide to these Terms of Use, and/or you are not authorised to access and use the Website. 


2.    CHANGES
2.1    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, you agree to be bound by the changed Terms of Use. 
2.2    We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3    These Terms of Use were last updated on 19 July 2021. 


3.    YOUR OBLIGATIONS 
3.1    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.
3.2    You must:

a    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 any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and 
b    unless with our agreement, access the Website 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.

3.3    You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to claudia@hitcharide.co.nz.
3.4    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.


4.    INTELLECTUAL PROPERTY 
4.1    We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
4.2    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 in any way except for your own personal, non-commercial use.

 

5.    DISCLAIMERS
5.1    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:

a    the Website being unavailable (in whole or in part) or performing slowly;
b    any error in, or omission from, any information made available through the Website;
c    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.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d    any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

5.2    We make no representation or warranty that the Website 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 is not illegal or prohibited, and for your own compliance with applicable local laws. 


6.    LIABILITY 
6.1    To the maximum extent permitted by law:

a    you access and use the Website at your own risk; and 
b    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 your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

6.2    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.
6.3    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 your access and use of (or inability to access or use) the Website, must not exceed NZD100. 


7.    PRIVACY POLICY
7.1    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 and parts of our Service available to you.  For example, we may need to have your contact information in order to provide you with updates from our Website.  
7.2    When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
7.3    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, finding and communicating potential carpooling matches, statistical analysis, the marketing by us of products and services to you, and research and development.
7.4    We may also collect technical information whenever  visit  our Website.  This may include information about the way users arrive at, browse through and interact with our Website. 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.  We use the technical information we collect to have a better understanding of the way people use our Website, 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 more personalised and applicable to your interests.
7.5     We will keep your personal information confidential, but may disclose such information:

a    to persons under a duty of confidentiality to us, such as our employees, contractors, and business partners;
b    to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we use wix.com to host the Website);
c    in relation to the proposed purchase or acquisition of our business or assets; or
d    where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

7.6    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.
7.7    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.


8.    SUSPENSION AND TERMINATION
8.1    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 any part of it).
8.2    On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.


9.    GENERAL
9.1    If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications. 
9.2    These Terms of Use, and any dispute relating to these Terms of Use or the Website, 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.
9.3    For us to waive a right under these Terms of Use, the waiver must be in writing.
9.4    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.
9.5    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.
9.6    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 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 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. 


10.    DEFINITIONS
In these Terms of Use:

  • Including and similar words do not imply any limit

  • 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 Terms of Use

  • Underlying System means any network, system, software, data or material that underlies or is connected to the Website 

  • We, us or our means Hitch Limited

  • Website means https://www.hitcharide.co.nz

  • You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.