TERMS AND CONDITIONS
These terms and conditions (“User Terms“) apply to your visit to and your use of our website at www.takeme.nz (the “Website“), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION, VIEWING OUR WEBSITE AND/OR USING OUR SERVICE.
Your contracting partner is Takeme Limited (Takeme), a limited liability company established in Queenstown, New Zealand, having its offices at 275 Frankton Road, Queenstown, New Zealand, registered at the Companies Office under number 56317441 (“Takeme Limited“).
WHAT SERVICES DOES TAKEME PROVIDE?
Takeme offers information and a means to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the “Transportation Provider“), which may be requested through the use of an application titled Takeme and downloaded and installed by you on your mobile device, tablet, ipad or computer (the “Application“). All services provided by Takeme to you by means of your use of the Application are hereafter referred to as the “Service“.
HOW IS A CONTRACT CONCLUDED BETWEEN TAKEME AND YOU?
By using the Application, Website or the Service, you enter into a contract with Takeme (the “Contract“). In order to be able to use the Application or Service, you first need to sign up with Takeme. When signing up, you are obligated to provide Takeme with your personal information and mobile telephone number. Upon successful completion of your signing up with Takeme, Takeme will provide you with a personal account, accessible by you with a password of your choice.
You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
HOW TO USE THE SERVICE AND THE APPLICATION
The Application allows you to send a request for transportation service to a Transportation Provider. The GPS receiver – which should be installed on the mobile device, tablet, ipad or computer on which you have downloaded the Application – detects your location and sends your location information to the relevant Transportation Provider. The Transportation Provider has sole and complete discretion to accept or reject each request for transportation service. If the Transportation Provider accepts a request, the Application notifies you and provides information regarding the Transportation Provider – including its name, vehicle license number, and customer service rating – and the ability to contact the Transportation Provider by telephone. The Application also allows you to view the Transportation Provider’s progress towards the pick-up point, in real time.
Takeme shall procure reasonable efforts to bring you into contact with a Transportation Provider in order to obtain transportation services, subject to the availability of Transportation Providers in or around your location at the moment of your request for transportation services.
For the avoidance of doubt: Takeme itself does not provide transportation services, and Takeme is not a transportation carrier. It is up to the Transportation Provider to offer transportation services, which may be requested through the use of the Application and/or the Service. Takeme only acts as intermediary between you and the Transportation Provider. The provision of the transportation services by the Transportation Provider to you is therefore subject to the agreement (to be) entered into between you and the Transportation Provider. Takeme shall never be a party to such agreement.
YOUR USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to Takeme is accurate and complete. Takeme is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Takeme is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Takeme reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service or Application in any way whatsoever;
- You will not copy, or distribute the Application or other Takeme Content without written permission from Takeme;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- You are aware that when requesting transportation services by SMS (if available in your jurisdiction), standard messaging charges will apply;
- You will not use the Service or Application with an incompatible or unauthorized device;
- You will comply with all applicable law of New Zealand, and/or city in which you are present while using the Application or Service.
- You will be liable for a 2000.00 NZD fine for soil or damage caused by either you or your guests.
- You will be liable for an up to 20.00 NZD fine at the driver’s discretion for a no-show booking cancellation.
- You will be liable for an up to 2.00 NZD booking fee when using your credit card to pay for your ride.
Takeme reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application is free of charge. Takeme reserves the right to introduce a fee for the use of the Application. If Takeme decides to introduce such a fee, Takeme shall inform you accordingly and allow you to either continue or terminate the Contract.
The rates that apply for the transportation services by the Transportation Provider can be found on the Website and through the Application. These may be modified or updated by Takeme from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.
Takeme shall charge you for the transportation services provided to you by the Transportation Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that Takeme may charge your credit card account as provided by you when registering for the Service (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Takeme or your Transportation Provider with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Takeme uses a third-party payment processor (the “Payment Processor“) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Takeme is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Takeme will obtain certain transaction details, which Takeme will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Takeme, its affiliates, its licensors, and each of their officers, directors, other users, employees, license Contract Holders, lawyers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with:
- your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party, including Transportation Providers arranged via the Application, or
- your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Takeme will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
Takeme shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Takeme.
Takeme shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Takeme’s aggregate liability shall in no event exceed an amount of NZD 500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provider.
The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. Takeme under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Takeme Content” means Content owned or used by Takeme, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
“Collective Content” means, collectively, Takeme Content and User Content.
Subject to your compliance with these User Terms, Takeme grants you a limited, non-exclusive, non-transferable license:
- to view, download and print any Takeme Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Takeme. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Takeme or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website, Takeme Social media sites (including facebook, Twitter etc) or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Takeme shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant“).
You acknowledge that Takeme only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Takeme shall not be continuously monitoring Takeme Content published by you or moderating between Users, nor shall Takeme be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Takeme.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Takeme, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Takeme or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Takeme reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Takeme believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Takeme.
You agree to promptly notify Takeme in writing of any User Content which breaches these User Terms. You agree to provide to Takeme sufficient information to enable Takeme to investigate whether such User Content breaches these User Terms. Takeme agrees to make good faith efforts to investigate such complaint and shall take such action as Takeme in its sole discretion decides. However, Takeme does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Takeme respects copyright law and expects its users to do the same. It is Takeme’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
Takeme alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Takeme. Takeme’s name, logo, and the product names associated with the Application and Service are trademarks of Takeme, its affiliated companies or third parties, and no right or license is granted to use them.
TERM AND TERMINATION OF THE CONTRACT
The Contract between Takeme and you is for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Takeme‘s website.
Takeme is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:
- violate or breach any term of these User Terms, or
- in the opinion of Takeme, misuse the Application or the Service. Takeme is not obliged to give notice of the termination of the Contract in advance. After termination Takeme will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
Takeme reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Takeme may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Takeme may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Takeme’s account information, or by written communication sent by regular mail to your address on record in Takeme’s account information.
You may not assign your rights under these User Terms without prior written approval of Takeme.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of New Zealand. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Queenstown, New Zealand, unless you notify Takeme within one month after Takeme invoking its right pursuant to this provision to commence court proceedings in Queenstown, New Zealand, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.