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App Terms and Conditions

TAXICHARGE PARTNER MOBILE APP

TERMS AND CONDITIONS

  1. Application
    1. These terms and conditions apply to your use of the mobile app offered by TaxiCharge New Zealand Limited (trading as TaxiCharge).   
    2. TaxiCharge is a New Zealand owned and operated business that provides services on behalf of the TaxiCharge Limited Partnership.  By downloading and using the application software supplied by TaxiCharge (the TaxiCharge Partner Mobile App) on your mobile device, you agree to be bound by these terms and conditions.  

It is important that you read these terms and conditions carefully, including:

clause 2.5 – regarding pre-authorisation of charges on certain cards for passenger services provided using the TaxiCharge Partner Mobile App (Taxi Services); and

  • clause 3.1- regarding payment for Taxi Services.
    1. The TaxiCharge Partner Mobile App enables users to hail and pay for certain Taxi Services using their internet-enabled mobile device, subject to availability at the location of the user (the Service).
    2. TaxiCharge does not itself provide Taxi Services.  It acts as an intermediary between you and the drivers of nominated taxi companies (each, a Driver) who provide the Taxi Services.  As such, TaxiCharge is not a party to any contract for the provision of Taxi Services and accepts no responsibility for the actions or inactions of the individual taxi companies and drivers that provide the Taxi Services.
  1. Getting Started
    1. In order to download and use the TaxiCharge Partner Mobile App, you must be resident in New Zealand and have an internet-enabled eligible mobile device.
    2. You may use the TaxiCharge Partner Mobile App without registering as a TaxiCharge Partner Mobile App account holder.  However, in order to utilise the payment functionality and other functionality of the TaxiCharge Partner Mobile App, you must register as a TaxiCharge Partner Mobile App account holder, when you first download the TaxiCharge Partner Mobile App or at any subsequent time (TaxiCharge Partner Mobile App Account and TaxiCharge Partner Mobile App Account Holder respectively).  
    3. When you register as a TaxiCharge Partner Mobile App Account Holder, you will be asked to provide personal information, including your name, mobile telephone number and, if applicable, your nominated payment method.  If you opt to provide payment details, you authorise TaxiCharge to debit your nominated payment method with any applicable fares and surcharges charged by a Driver for the provision of Taxi Services that you utilise in connection with the TaxiCharge Partner Mobile App.
    4. Your nominated payment method may include an approved:
  1. scheme debit card or credit card which is accepted by TaxiCharge; or
  2. TaxiCharge Card registered in your name; or
  3. TaxiCharge Voucher Card.
    1. If your nominated payment method is an approved scheme debit card or credit card, a pre-authorisation charge may be made by TaxiCharge on your card when you sign up for a TaxiCharge Partner Mobile App Account or make a booking using the TaxiCharge Partner Mobile App.  We employ the practice of pre-authorising users’ scheme debit and credit cards to better protect our users against potential fraud that may result from unauthorised card usage.  The pre-authorisation will only be debited from your card if you fail to pay the actual fare and surcharges for Taxi Services provided to you.  The pre-authorisation charge will usually be a nominal amount, but may be a reasonable estimate of the Taxi Services that you have booked.  
    2. As a TaxiCharge Partner Mobile App Account Holder, you warrant that all information and details provided by you to TaxiCharge are true, accurate and up-to-date in all respects and at all times.  TaxiCharge accepts no responsibility or liability for the accuracy of, or failure to transmit, information requested via the TaxiCharge Partner Mobile App.  You can update or correct your details at any time via the TaxiCharge Partner Mobile App.  TaxiCharge is entitled to verify the information that you provide in connection with your TaxiCharge Partner Mobile App Account at any time.
    3. Your registration as a TaxiCharge Partner Mobile App Account Holder (including registration of your payment method) is subject to approval by TaxiCharge which may be withdrawn at any time at TaxiCharge’s discretion.
    4. When you register as a TaxiCharge Partner Mobile App Account Holder you will be required to select a secure pin, which will be required to access your TaxiCharge Partner Mobile App Account.  You must keep your secure pin confidential at all times.  
    5. If you have elected to register a TaxiCharge Card as your payment method, the terms and conditions set out in the Card Holder Agreement will continue to apply.  
  1. Payment
    1. You will make payment in full to the Driver of each Taxi Service ordered using the TaxiCharge Partner Mobile App.   At the end of your Taxi Service, you will be given the option of payment in person (using cash, credit card, scheme debit card or a TaxiCharge card or TaxiCharge Voucher Card) or using your TaxiCharge Partner Mobile App Account.  If you opt to use your TaxiCharge Partner Mobile App Account, you will confirm payment via your TaxiCharge Partner Mobile App and all applicable charges will be debited to the nominated payment method on your TaxiCharge Partner Mobile App Account.  All charges are in NZD and, subject to clause 3.3, charges paid by you are final and non-refundable. The name that will appear on your cardholder statement will be TaxiCharge.  
    2. Surcharges on scheme debit cards and credit cards are applicable to payments made via the TaxiCharge Partner Mobile App and in person.
    3. The taxi company that provides you with Taxi Services is solely responsible for addressing and, where appropriate, settling all complaints, disputed charges and surcharges including claims of overcharging, adjustments and demands made by you in respect of a Taxi Service.  TaxiCharge does not manage and is not responsible for any refund policies, cancellation policies or other purchase terms of the taxi company that provides you with Taxi Services.
  1. Conditions of Use
    1. You are responsible for all use (including where charges are incurred) of your TaxiCharge Partner Mobile App Account which have been authorised by use of your secure pin.  We have no obligation to verify any instruction made through your TaxiCharge Partner Mobile App Account.  
    2. Without limiting the above, we recommend that you notify TaxiCharge if your mobile device has been lost or stolen and/or your secure pin has become or may become known by another person or there has been unauthorised access to your TaxiCharge Partner Mobile App Account.  TaxiCharge will terminate or suspend your TaxiCharge Partner Mobile App Account as soon as reasonably practicable following any such notification.  
    3. You acknowledge that you are aware of, and accept the risk specifically associated with any breach of the security environment relating to the TaxiCharge Partner Mobile App (including, without limitation, the risk that a third party may gain access to your personal information which is confidential).
    4. You further agree that:
  1. if you are a TaxiCharge Partner Mobile App Account Holder, you will not assign or otherwise transfer your TaxiCharge Partner Mobile App Account;
  2. you will not use the TaxiCharge Partner Mobile App for any unlawful purpose, in any way that interrupts, impairs, damages or renders the TaxiCharge Partner Mobile App less efficient, to transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other TaxiCharge Partner Mobile App Account Holders or to penetrate or attempt to penetrate any security measures;
  3. you will not do anything TaxiCharge reasonably considers to be disreputable or capable of damaging its reputation or the Service.
  4. you will comply with all applicable New Zealand law;
  5. you will treat Drivers with respect and you will not cause damage to their taxi or engage in any unlawful, harassing, abusive behaviour or activity whilst using their taxi or the Service;
  6. you will comply with any additional terms and conditions relating to the TaxiCharge Partner Mobile App and the Taxi Services notified to you from time to time; and
  7. you may incur and are solely responsible for charges from your mobile telephone network operator for downloading and using the TaxiCharge Partner Mobile App and the Service.
    1. You will indemnify TaxiCharge against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against TaxiCharge by any other person as a result of unauthorised access to your TaxiCharge Partner Mobile App Account and/or your breach of these terms and conditions.
    2. TaxiCharge may suspend the operation of the TaxiCharge Partner Mobile App at any time, including but not limited to for periodic maintenance.

 

  • Intellectual Property

 

TaxiCharge owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the TaxiCharge Partner Mobile App.  All rights of ownership over and in respect of the TaxiCharge Partner Mobile App (other than the right to use the TaxiCharge Partner Mobile App in accordance with these terms and conditions), shall remain solely with TaxiCharge and/or its licensors (as the case may be).  You will not hold yourself out as having any such rights over or in respect of the TaxiCharge Partner Mobile App.

 

  • Termination

 

      1. As a TaxiCharge Partner Mobile App Account Holder, you may terminate your registration with the TaxiCharge Partner Mobile App at any time by permanent deletion of the TaxiCharge Partner Mobile App on your smart phone or upon notice to TaxiCharge
      2. TaxiCharge reserves the right to suspend or immediately terminate the TaxiCharge Partner Mobile App or Service, or any functionality of the TaxiCharge Partner Mobile App, or your specific use, with or without cause or notice, at any time.
      3. All provisions of the terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnities and limitations of liability.

 

  • Limitation of liability

 

    1. To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply where you use the TaxiCharge Partner Mobile App for business purposes and all other warranties and conditions whether express, implied or statutory with respect to the TaxiCharge Partner Mobile App and the provision of the Service are excluded.  
    2. To the extent permitted by law, in no event shall TaxiCharge, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the TaxiCharge Partner Mobile App (Representatives), be liable under contract, tort (including negligence) or otherwise under or in connection with these terms and conditions and/or your use of or inability to use the TaxiCharge Partner Mobile App, including without limitation for any loss or damage which you may suffer as a result of:
  1. any bugs, viruses, trojans, or the like (regardless of the source of origination);
  2. the actions or inactions of other TaxiCharge Partner Mobile App users or Drivers;
  3. suspension or loss of access to the TaxiCharge Partner Mobile App or any functionality; and/or
  4. the unauthorised use of your TaxiCharge Partner Mobile App Account.
    1. You acknowledge that the TaxiCharge Partner Mobile App is provided at no charge and accordingly the exclusions of liability set out in this clause are fair and reasonable.

 

  • Collection and use of information

 

    1. In accordance with the Privacy Act 1993:
  1. as part of the booking and registration processes on the TaxiCharge Partner Mobile App you will be required to provide personal information about you (including debit card and credit card information) which will be collected and held by us;
  2. in addition, if you register for a TaxiCharge Partner Mobile App Account, we will use the TaxiCharge Partner Mobile App to collect information about your geographic location and other analytics information, in order to provide certain application functionality, including shortcuts such as your ‘favourite’ addresses;
  3. personal information collected by us will be held at Level 4, 210 Khyber Pass Road, Newmarket, Auckland.  You have a right to access and correct information that we hold about you by contacting us at this address;
  4. you consent to your personal information being used by TaxiCharge for the purposes of:

(i) providing you with the Service;

(ii) contacting you about the Service and other services that may be of interest to you (including by text message and email); and

(iii) monitoring your use of the TaxiCharge Partner Mobile App and Service;

  1. not providing all of the information requested may affect your ability to use the Service; and
  2. you authorise TaxiCharge to disclose all information that we may hold about you from time to time to third parties, such as Drivers and taxi companies, in connection with the provision of the Services and Taxi Services.
    1. We will take all practicable steps to safeguard the confidentiality and security of your personal information but cannot guarantee the security of data.  You acknowledge the inherent security risks of providing information over the internet and acknowledge that TaxiCharge is not responsible for any breach of security that is outside of TaxiCharge’s reasonable control.  Debit card and credit card information is among the most sensitive and important data that we collect. Debit card and credit card information that is transmitted via our secure servers is encrypted to minimise the risk of unauthorised use of such information.

 

  • General

 

    1. TaxiCharge may transfer its rights or obligations under these terms and conditions to another legal entity without your consent or notice to you.
    2. If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms and conditions will otherwise remain in full force and effect and enforceable.  The failure of TaxiCharge to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    3. TaxiCharge may amend these terms and conditions from time to time by publishing an updated version on TaxiCharge’s website: www.taxicharge.co.nz.  Please check the terms published on TaxiCharge’s website periodically for changes.  Your continued use of the TaxiCharge Partner Mobile App following the posting of any changes to these terms and conditions on the TaxiCharge’s website indicates your acceptance of those changes.  
    4. These terms and conditions are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
    5. You can contact us at:

Phone: 09 306 1790
Email: enquiries@taxicharge.co.nz

Physical address: Level 4, 210 Khyber Pass Road

Newmarket, Auckland 1023
New Zealand