These General Terms and Conditions of Use apply to all services provided by RoadMate Limited (a company registered in New Zealand under company number 5786749) whose registered office is at Wellington, New Zealand (“RoadMate”).
RoadMate owns and operates the website: www.RoadMate.co.nz. And mobile applications under the name RoadMate in Google Play, iTunes and Windows phone stores.
Platform refers to all services such as Websites, mobile applications, SMS service, or any other service acting under RoadMate authority to provide users with a solution where they can share rides, and split costs between them.
RoadMate refers to RoadMate Limited, the company providing the Platform which enables Users to share their car for one or more trips with other Users at specific and agreed conditions between them.
Service refers to any service provided by the Platform to any User.
Valid account means a unique account attached to a unique individual (the User) that has all the necessary and accurate data stored within RoadMate systems and Eligible to the service.
Eligible means is an individual over 18 years old at the time of subscription who has provided all the data requested by RoadMate and has confirmed their phone number
Driver means an individual who has agreed the General Terms and Conditions of use, has a valid account and uses the service to offer car sharing trips, with one Passenger or more, to transport them from a given departure point, to a given destination point, at an agreed time and conditions for free or in exchange of a Cost Contribution.
Passenger means an individual who has agreed the General Terms and Conditions of use, has a valid account and uses the Service to seek and book Published trips by Drivers.
User means an individual who has agreed the General Terms and Conditions of use, has a valid account and uses the Service for any kind of services provided by the Platform.
Published trip refers to a unique trip published by a unique Driver with a particular available seats number, at a particular cost contribution (eventually free), at a particular time, from a particular departure point, to a particular arrival point, with particular conditions and ID.
Booking request means the actions performed by the Passenger to express their interest in booking one or more seats available on a Published trip.
Booking Confirmation means the actions performed by the Driver to accept the Passenger booking request regarding a particular Published trip by this same Driver.
Conditions means these General Terms and Conditions of Use.
Cost Contribution means the amount of money determined by the Driver regarding a particular Published trip. The amount of money paid by the passengers must not exceed the trip costs.
It is the Driver's responsibility to determine a cost contribution reflecting the Real costs of any published trip.
Real costs mean costs generated by a trip. That includes fuel costs, insurance, and maintenance. Eventually, the Driver can include depreciation, and other relevant and accountable car running costs.
Step means a stopover a particular point during a particular Published Trip.
Sub trip means a partial journey in a particular Published Trip. It can be from the Published Trip departure to a specific Step or from a specific Step to another further Step or from a Step to the final destination.
Car sharing means the sharing of a Vehicle by a Driver with one or more Passengers for an entire Published Trip or Sub Trip for free or in exchange for a Cost Contribution.
Site means www.RoadMate.co.nz and any other website or related mobile or other applications edited, maintained or operated by RoadMate alone or with others which offers similar services including any microsites or sub-sites offered through any such website or application.
Vehicle means the vehicle with less than 7 seats owned by the Driver or the Driver is entitled to use is for a personal use offered by a Driver for Car sharing.
General Terms and Conditions of use
The conditions listed below apply to any use of the RoadMate platform. A user cannot not use the RoadMate services without their full acceptance of these conditions:
2- Users accept to act on behalf of their own and real identity. RoadMate reserves the right to withdraw any suspicious or fake users or inappropriate behaviour without any notice.
3- RoadMate only enables users to post and book rides according to their interest in a private capacity through its platform.
RoadMate Platform does not provide any transport services.
RoadMate does not interfere with Trips, destinations or timings. Any agreement for a car sharing trip is made between the driver and their passengers respectively. RoadMate is not a party to any agreement between users.
4- Users accept to use the RoadMate service strictly for cost sharing purposes when the driver requests a cost contribution from the passengers.
Drivers accept not to use RoadMate for a profit, commercial or professional use.
The cost contribution may only be used to discharge the Driver's car running costs and may not be used to generate any profit.
The driver must not provide any additional services to any Passenger for profit purposes.
Any noticeable abuse of the RoadMate service will give rise to immediate permanent suspension of a user account without any notice.
5- When a user posts a trip, RoadMate will show the published price in one of the three categories:
Green meaning the price is below the average.
Orange meaning the price is on average.
Red means the trip is over estimated
RoadMate calculates an estimate of a fair price according the distance, available seats in the car (minimum of 3 by default), and the car type. More details on http://www.racq.com.au/
6- RoadMate reserves the right and freedom to decide what is a fair cost for a particular trip according the average usage and car running costs.
7- Agreements between individuals on RoadMate create binding rights and obligations in accordance with the New Zealand Contracts (Privity) Act 1982.
8- RoadMate users must create a User Account and agree to provide any personal information requested by RoadMate.
RoadMate requests the following data:
9- Users agree and accept that all of the information they provide to RoadMate when creating or updating their account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to RoadMate or posted on the Site in connection with any Trip, Vehicle or car sharing will be true accurate and complete.
10- RoadMate will not be responsible for any user providing any incomplete, inaccurate, misleading, fraudulent, or wrong data.
11- An individual can have only one user. A user can be only a physical person.
12- Individuals are not allowed to create accounts on behalf of or individuals or to impersonate another individual. If such a thing happens, condition 2 will apply immediately.
13- RoadMate reserves the right to modify the Conditions at any time. If that happens, RoadMate will prompt approval to all users before they can continue using the service. Changes will not apply to any posted trip or bookings which have been made prior to publication of the varied Conditions.
14- RoadMate may vary or amend the Services provided through the Platform at any time without notice. RoadMate enables the users to sign up for the newsletter which will contain all the coming changes and enhancements to the service to keep their users posted.
15- All details about a trip: departure address, departure time, steps, arrival time, arrival address or any relevant information should be clearly listed in the trip description within RoadMate Platform. Any Change to the initial trip conditions shall be made within RoadMate Platform a day before departure date and in accordance with driver and passenger acceptance.
- first name, last name, date of birth, valid phone number and email address.
- Users must be over 18 years old at the time of registration.
- Before a user can post a trip for the first time RoadMate will request from the user the following data: Compulsory data: Confirmation that they own a valid drivers license, driver license issued date, whether the user is covered by an insurance or not.
- Optional data: Car model, car colour, number of seats in the car, the comfort of the car.
Any change to the initial trip conditions during the trip is subject must be agreed between the driver and passengers.
16- RoadMate is not responsible for any breach of any agreement or arrangement between Users or breach by a Driver offering Services through RoadMate in a professional or commercial capacity. It is up to Users to be vigilant in ensuring that car sharing related services are not provided on a commercial basis.
RoadMate offers a free service which allows Users to contact each other directly regarding a particular posted trip to arrange a car sharing.
Drivers can set up a meeting point and determine the Travel Conditions such as size of luggage, whether smoking or pets are is allowed in the car, whether the driver accepts to ship items or not and so on.
17- Passengers accept to comply with the driver Travel conditions before they send a booking request.
RoadMate is not responsible for any breach to this conditions by the passenger or by the driver or any other inappropriate behaviour by either party.
When a driver decides to ask passengers for a cost contribution, the Driver must supply all relevant information to the passengers regarding the transaction.
18- 18- When the driver decides to ask passengers for a cost contribution, it is up to the driver and passengers to agree on when payment should made.
19- Users understand and accept that given the fact that this option is free of any charge, they are exposed to cancellation, last-minutes updates, non-payment of cost contribution, and other unexpected and unchangeable breaches.
20- RoadMate is not responsible of any payment or appointment breach or any other kind of breach between the driver and passengers.
21- Drivers and passengers understand and accept they have no rescue for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution.
22- RoadMate will not contact either party and will take no steps to manage the booking. The car sharing is managed by the driver in accordance with passengers.
Users Reputation within RoadMate: Users within RoadMate have a public profile and a private profile. A user's reputation is part of the public profile.
RoadMate calculates a user's reputation according to a combination of these elements:
23- RoadMate reserves the right to change the rule of calculation of the reputation to take into account new relevant dimensions if any time or for any other reason at its own discretion.
24- Drivers and passengers understand and accept that RoadMate will display their reputation to help people trust each other and prevent from cancellations and misleading behaviour.
25- RoadMate will provide a cancellation and update features to both drivers and passengers. However, Users understand and accept that the use of this feature will affect their reputation within RoadMate.
26- RoadMate is not responsible for any Users last minute update or cancellation.
Users (Drivers and passengers) understand and accept to undertake the following obligations:
- The number of trips posted as a driver.
- The number of trips taken as a passenger.
- Number of cancelled trips.
- Rate of unanswered questions.
- Number of comments received from other users.
- Rating stars received from other users (0 to 5 stars).
- Number of kilometres travelled with RoadMate.
- Estimation of the amount of CO2 saved.
27- Driver understands and accepts that they will be on time and at the decided place, with the specified vehicle as agreed on the trip description.
28- If the driver for any reason decides to update one of the trip details on a particular trip, the driver understands and accepts to contact all passengers with confirmed bookings as soon as possible, and no less than one hour prior the departure date.
29- The driver accepts to wait for the passenger up to 30 min after the due time of departure only if the passenger notifies the driver no less than 2 hours of the delay.
30- In the event of a passenger not showing up, the driver accepts the responsibility of contacting the passenger before they decide not to wait for them.
31- The driver accepts and understands to drive safely and cautiously in accordance with all roads rules and laws.
32- The driver accepts and understands they will have a valid driving license prior to the trip.
33- The driver accepts and understands they will have valid insurance to cover the trip they share with other passengers for any trip posted on RoadMate.
34- Driver accepts and understands they will only use a vehicle they own or a vehicle entitled to be used by them for a personal use.
35- Driver accepts and understands they will use a registered vehicle with a valid WOF and MOT for any trip posted on RoadMate.
36- The driver accepts and understands they will show evidence of drivers license and insurance and any other certificate listed below to the passenger in case they request it prior to the trip and at any time up to completion of the Trip.
It is RoadMate's understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as travelling for free, and is therefore a third party passenger who is covered by compulsory third party insurance in New Zealand. However RoadMate gives no warranty or assurance in this regard and it is the Driver's responsibility to verify that their insurance provides adequate cover in New Zealand.
37- The driver accepts and understands they will make sure their insurance policy allows them to carry passengers in the car who are contributing to the trip costs. Driver has to make sure that passengers are covered during all the trip in the event of an accident or incident prior the publishing of any trip on RoadMate.
38- The driver understands that standard insurance policies may refuse to cover loss or damage arising in the event the Driver had made or was seeking to make a profit.
39- The driver understands and accepts to make no profits out of RoadMate car sharing service. It is the driver's responsibility to calculate an accurate contribution cost reflecting the car running costs such as fuel, maintenance, insurance, depreciation and so on. However, RoadMate provides a cost estimate tool to help drivers determine a fair cost contribution. The driver will make sure this estimate is accurate regarding their vehicle running costs.
40- The driver accepts and understands that in the case they make profit and/or the insurer rejects any claim arising during a trip published from within RoadMate, the driver will be considered responsible for any financial consequences, damages or losses.
RoadMate will not be responsible under any circumstances for the driver or the passenger.
41- Passenger understands and accepts to be on time, at the agreed upon place and respect the driver conditions as agreed on the trip description within the RoadMate Platform.
42- Passenger understands and accepts they will inform the driver about any change as soon as possible and no less than 2 hours prior to the departure date.
43- Passenger understands and accepts they may wait up to 30 minutes for the driver in case of traffic issue or any other reason keeping the driver from be there on time.
44- Passenger understands and accepts they will pay the contribution cost as agreed on the RoadMate Platform to the driver.
As mentioned earlier, any breach to these basic obligations will affect the user's reputation and therefore their reliability.
45- In the event of a dispute, misleading behaviour, disrespectful attitude or any undesirable event between users, RoadMate will not take any responsibility as to resolving the incident or interfere between users. However, Users are invited to share their experiences with each other to help other people make their decision and prevent other incidents from happening.
46- Users accept to provide their real mobile number in order to increase trustworthiness between users. RoadMate will verify the mobile phone number by sending an SMS to each user right after registration containing a 4 digits token. User will then use this token to confirm their mobile phone number.
47- Users accept and understand they can't use RoadMate until they confirm their mobile phone number. This service is free of charge, except for the possible cost generated by a User's mobile phone operator for receiving the SMS.
48- RoadMate is not a party to any agreement between a Driver and Passenger and will not be liable to either party
49- RoadMate shall use its reasonable endeavour to ensure the Platform is available 24 hours a day, but occasionally access to the platform may be restricted to allow for repairs, maintenance or the introduction of new facilities or services, or not available for reason beyond RoadMate's control.
50- RoadMate does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users may experience with the Site. If a User detects a fault, please contact us and RoadMate will endeavour to correct the fault as quickly as possible.
51- RoadMate shall not be liable for any loss or damage arising as a result of:
52- RoadMate will not be responsible for any User or any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by RoadMate whether suffered or incurred as a result of the RoadMate's outage or otherwise.
53- RoadMate will not be responsible for any misleading or fraudulent information provided by the driver such as the validity of their driver licence, insurance, or any incorrect information about the car. Passengers accept to travel with the drivers at their own risks.
54- RoadMate will not be responsible for any misleading or fraudulent information provided by a passenger such as their age, or any other personal information. Drivers accept to travel with passengers at their own risks.
55- RoadMate will not be responsible for any incident or conflict between the driver and passenger (or driver and passengers) or between passengers in a same trip.
56- It is given that Drivers are required to hold a valid insurance to cover a Trip and given that RoadMate's service is limited to putting Drivers and Passengers in touch with each other and cannot oversee any Trip.
- Any inaccurate or incomplete information being provided by a User
- The cancellation of a Trip by a Driver or Passenger
- Any failure to make payment of a Cost Contribution.
- A misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Passenger before, during or after a Trip
Users accept that the limitations on the RoadMate's liability set out above are reasonable.
57- The format and content of this Platform are protected by New Zealand and international copyright and RoadMate reserves all of its rights in relation to its copyright whether owned or licensed to RoadMate. All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to RoadMate) which appear on the Site.
58- RoadMate Site or mobile applications in different stores or any graphic assets or media of this owned by RoadMate may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of RoadMate. No party is entitled to systematically extract and/or re-utilize parts of the contents of the Site without the express written consent of RoadMate. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site is strictly prohibited.
59- By displaying content on the RoadMate Platform, Users expressly grant a licence to RoadMate to display the content and to use it for any of RoadMate's other business purposes.
60- Users of RoadMate's Platform are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright).
Any such content is contrary to RoadMate's policy and RoadMate does not accept liability in respect of such content, and the user will be personally liable for any damages or other liability arising and agrees to indemnify RoadMate in relation to any liability it may suffer as a result of any such content.
However as soon as RoadMate becomes aware of infringing content, RoadMate shall do everything it can to remove such content from the Platform.
Shipping a parcel
When drivers post a trip within RoadMate Platforme, they can choose wheter to accept shipping a parcel on their way or not
RoadMate User can view drivers who accept to ship a parcel and can contact them in order to fin and agreement. Shipping a parcel is chargeable at the same price as a passenger seat. The driver can decide of a separate price for shipping a parcel
61- Users accept and understand that they will only use the parcel shipping feature from within the site to send legal items
62- Users accept and understand that they will show the content of the parcel to the driver to ensure of their capability to transport it.
63- Users accept and understand that a shipped parcel is not garanteed to be delivered or insured in case of a damage, lost or incident.
64- Users accept and understand that RoadMate will not be responsible of any incident that may occur during the parcel shipping. Users send their package/parcel at their own risks
65- Drivers accept and understand that they will make sure any parcel that they have accepted to ship does not contain any illegal item.
66- Drivers accept and understand that they will deliver the parcel on time and on place as agreed with the owner.
67- A parcel owner and a Driver should find an agreement over RoadMate platforme before the trip start date. This agreement is the contract between the Driver and the parcel owner. Both parties will accept it and fullfil it.
68- Users and Drivers accept and understand that any change the initial agreement has to be done in accordance with both parties (The driver and the Parcel owner).
69- Users and Drivers accept and understand that RoadMate will not be responsible for any incident of any kind regarding a parcel shipping.
Law and Jurisdiction
These terms shall be governed by the law of New Zealand and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of New Zealand.