15 August 2023
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH TAXICHARGE LIMITED PARTNERSHIP T/A YOURRIDE OFFERS YOU ACCESS TO THE YOURRIDE PLATFORM.
These terms of service constitute a legally binding agreement (the "Agreement") between you ("you," or "your") and the services provide by TaxiCharge Limited Partnership T/A YourRide ("YourRide," "we," "us" or "our"), having its offices at Level 4, 210 Khyber Pass Road, Grafton, Auckland 1023, governing your use of the YourRide application, website, and technology platform (collectively, the "YourRide Platform").
By entering into to this Agreement, and/or by using or accessing the YourRide Platform you expressly acknowledge that you understand this and accept all of its terms. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access the YourRide Platform.
YourRide is New Zealand owned and operated.
The YourRide Platform
The YourRide Platform provides a marketplace where persons who seek transportation to certain destinations ("Passengers") can be matched with persons driving to or through those destinations ("Drivers"). Drivers and Passengers are collectively referred to herein as "Users" and each User shall create a User account that enables such User to access the YourRide Platform. Each person may only create one User account, and YourRide reserves the right to shut down any additional accounts. For purposes of this Agreement, the driving services provided by Drivers to Passengers that are matched through the Platform shall be referred to collectively as the "Services". Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the "Last Updated" date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the YourRide Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the YourRide Platform or the Services.
The YourRide Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the YourRide Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
As a Passenger, you agree that any amounts charged following a ride (a "Charge") are mandatory and due and payable immediately upon completion of the ride. Charges are in New Zealand Dollars. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes as set forth on yourride.nz
When a Charge is applied the name that will appear on your statement will be YourRide.
YourRide has the authority and reserves the right to determine and modify pricing by posting applicable Charges to our website. Charges may vary based on the type of service you request. You are responsible for reviewing this page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
If payment for your ride fails, you will need to pay for any outstanding amounts before ordering again. This can be done through the app. YourRide may also attempt to process this payment. YourRide reserves the right to collect outstanding amounts from any payment method loaded on your account.
Ride Fees. Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply.
Cancellation Fee. In the event that you cancel a ride request on the YourRide Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a "Cancellation Fee". We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the YourRide Platform or the provision of Services.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a "Damage Fee" of up to $500 depending on the extent of the damage (as determined by YourRide in its sole discretion), towards vehicle repair or cleaning. YourRide reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees. In addition, where required by law YourRide will collect applicable taxes.
- Facilitation of Payments. All Charges are facilitated through a third-party payment processing service. YourRide may replace its third-party payment processing services without notice to you. Charges shall only be made through the YourRide Platform. Cash payments are strictly prohibited.
- Promotions. YourRide, at its sole discretion, may make available promotions with different features to any of our Passengers or prospective Passengers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with YourRide.
- Credit Card Authorisation. Upon addition of a new payment method or each ride request, YourRide may seek authorisation of your selected payment method to verify your payment method, ensure the ride cost will be covered, and protect against unauthorised behaviour. The authorisation is not a charge, however, it may reduce your available credit by the authorisation amount until your bank's next processing cycle. Should the amount of our authorisation exceed the total funds on deposit in your account, you may be subject to overdraft charge by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
As a Driver, you will receive applicable Ride Fees (net of YourRide's Administrative Fee, as discussed below). You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorise YourRide to set the prices on your behalf for all Charges that apply to the provision of Services. YourRide reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse YourRide or YourRide's payment systems. In exchange for permitting you to offer your Services through the YourRide Platform and marketplace as a Driver, you agree to pay YourRide (and permit YourRide to retain) a fee based on each transaction in which you provide Services (the "Commission Rate") The amount of the applicable Administrative Fee will be communicated to you in an the YourRide Metered Rates, Charges and Policies, section of the Driver Application Form. YourRide reserves the right to change the Commission Fee at any time in YourRide's discretion based upon local market factors, and YourRide will provide you with notice in the event of such change. Continued use of the YourRide Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change. YourRide, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with YourRide.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by YourRide, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of YourRide, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the YourRide Platform or Services, updates concerning new and existing features on the YourRide Platform, communications concerning promotions run by us or our third party partners, and news concerning YourRide and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU.
With respect to your use of the YourRide Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or the YourRide Platform or the servers or networks connected to the YourRide Platform;
- post Information or interact on the YourRide Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the YourRide Platform in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the YourRide Platform;
- "frame" or "mirror" any part of the YourRide Platform, without our prior written authorisation or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the YourRide Platform or any software used on or for the YourRide Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the YourRide Platform or access to any portion of the YourRide Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the YourRide Platform or its contents;
- create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party; or
- cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Driver Representations and Warranties
By providing Services as a Driver on the YourRide Platform, you represent, warrant, and agree that:
- You possess a valid driver's license and are authorised and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in New Zealand.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory motor vehicle requirements for a vehicle of its kind.
- You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to YourRide, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages.
- In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to YourRide and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
- You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
- You will pay all applicable taxes based on your provision of Services and any payments received by you.
- You will not make any misrepresentation regarding YourRide, the YourRide Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud YourRide or Passengers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorisations to facilitate our access to such records during the term of the Agreement.
Proprietary Rights and Trademark License
All intellectual property rights in the YourRide Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the YourRide Platform are the property of their respective owners. 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 YourRide. YourRide 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. YOURRIDE, and other YourRide logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of YourRide in the New Zealand (collectively, the "YourRide Marks"). If you provide Services as a Driver, YourRide grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the YourRide Marks solely in connection with providing the Services through the YourRide Platform ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without YourRide's prior written permission, which it may withhold in its sole discretion. The YourRide Marks may not be used in any manner that is likely to cause confusion. You acknowledge that YourRide is the owner and licensor of the YourRide Marks, and that your use of the YourRide Marks will confer no additional interest in or ownership of the YourRide Marks in you but rather inures to the benefit of YourRide. You agree to use the YourRide Marks strictly in accordance with YourRide's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that YourRide determines to nonconforming or otherwise unacceptable. You agree that you will not:
- create any materials that incorporate the YourRide Marks or any derivatives of the YourRide Marks other than as expressly approved by YourRide in writing;
- use the YourRide Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the YourRide Marks other than in accordance with the terms, conditions and restrictions herein;
- take any other action that would jeopardize or impair YourRide's rights as owner of the YourRide Marks or the legality and/or enforceability of the YourRide Marks, including, without limitation, challenging or opposing YourRide's ownership in the YourRide Marks;
- apply for trademark registration or renewal of trademark registration of any of the YourRide Marks, any derivative of the YourRide Marks, any combination of the YourRide Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the YourRide Marks;
- use the YourRide Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in YourRide's sole discretion. If you create any materials bearing the YourRide Marks (in violation of this Agreement or otherwise), you agree that upon their creation YourRide exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the YourRide Marks or derivative works based on the YourRide Marks. You further agree to assign any interest or right you may have in such materials to YourRide, and to provide information and execute any documents as reasonably requested by YourRide to enable YourRide to formalize such assignment.
The following disclaimers are made on behalf of YourRide, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The YourRide Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the YourRide Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the YourRide Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the YourRide Platform will be corrected, or that the YourRide Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the YourRide Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Passenger will complete an arranged transportation service.
We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the YourRide Platform and Services, including looking at the photos of the Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the YourRide Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
YourRide is not responsible for the conduct, whether online or offline, of any User of the YourRide Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the YourRide Platform and participating in the Services, you agree to accept such risks and agree that YourRide is not responsible for the acts or omissions of Users on the YourRide Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the YourRide Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the YourRide Platform or through the Services. Please carefully select the type of information that you post on the YourRide Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or "hackers").
Opinions, advice, statements, offers, or other information or content made available through the YourRide Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the YourRide Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the YourRide Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The YourRide Platform contains (or you may be sent through the YourRide Platform) links to other web sites owned and operated by third parties ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the YourRide Platform.
Location data provided by the YourRide Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither YourRide, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the YourRide Platform. Any of your Information, including geolocational data, you upload, provide, or post on the YourRide Platform may be accessible to YourRide and certain Users of the YourRide Platform.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the YourRide Platform and participation in the Services, including:
- your breach of this Agreement or the documents it incorporates by reference;
- 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 that any materials that you submit to us or transmit through the YourRide Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
- any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE YOURRIDE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE YOURRIDE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE YOURRIDE PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release YourRide (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 YourRide Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the YourRide Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Passenger and/or Driver), or revoke your permission to access the YourRide Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the YourRide Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the YourRide Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration.. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to YourRide's business, operations and properties, including User information ("Confidential Information") disclosed to you by YourRide for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of YourRide in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to YourRide with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by YourRide or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of YourRide; becomes known to you, without restriction, from a source other than YourRide without breach of this Agreement by you and otherwise not in violation of YourRide's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to YourRide to enable YourRide to seek a protective order or otherwise prevent or restrict such disclosure.
You and YourRide are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Notices, Complaints Except as explicitly stated otherwise, any notices to YourRide shall be given by certified mail, postage prepaid and return receipt requested to: Level 1, 54 Ponsonby Road, Ponsonby, Auckland Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the YourRide Platform or given to you via the email address you provide to YourRide during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YourRide during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. To resolve a complaint regarding the YourRide Platform, you should first contact our Customer Service Department through our support centre at yourride.nz
This Agreement shall be governed by the laws of New Zealand without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by YourRide, in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and YourRide with respect to the subject matter hereof.
Relationship with YourRide
As a Driver on the YourRide Platform, you acknowledge and agree that you and YourRide are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and YourRide expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and YourRide; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind YourRide, and you undertake not to hold yourself out as an employee, agent or authorized representative of YourRide.
YourRide does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilise the YourRide Platform. You retain the option to accept or to decline or ignore a Passengers’ request for Services via the YourRide Platform, or to cancel an accepted request for Services via the YourRide Platform, subject to YourRide’s then-current cancellation policies. These are regularly emailed to Drivers and are also available on request. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.