Terms and Conditions of Use

1. User's Acknowledgment and Acceptance of Terms

TaxiCaller.com ("Us" or "We") provides the TaxiCaller.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of 2012-01-01. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not limited to, a taxi booking system, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information

Copyright (c) 2011-2017 TaxiCaller.com All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TaxiCaller.com and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of TaxiCaller.com or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of TaxiCaller.com or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Email the written communication to the following address: contact@taxicaller.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TaxiCaller.com spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

12. Card payments

TaxiCaller provides a service where you can register your credit or debit card to pay for trip via so called in-app payments. TaxiCaller only provides the technical solution for you to make payment transactions to the transportation provider carrying out the service. TaxiCaller is not a party in these transactions. Any disputes or complaints should be filed directly with the transportation service provider. By registering your card in the app or on the web, you agree to automatically be charged up to USD 100 (or the equivalent in another currency) after completing a trip you have booked with the app or on the web and specified "card" as payment type. You also agree to be charged no-show and cancellation fees as per stipulated by the transportation service provider in the event that you should cancel your booking or not show up as agreed.

13. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

14. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

15. International Use

Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

16. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

17. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at contact@taxicaller.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by TaxiCaller.com. If you notice that any user is violating these Terms of Use, please contact us at contact@taxicaller.com.

Privacy policy

Your personal information is protected by the Personal Data Act. This law is based on an EU directive of 1995 and intends to increase the protection of individuals' privacy with regard to the increased number of records and compilations that are stored electronically.

According to the Personal Data Act, we must ask you to agree that we process information about you. All personal information you provide to us when you register on our website or in our app will be processed by TaxiCaller as responsible for personal information.

The information you provide on our website will be used to enable booking of taxis. When booking a taxi necessary information will be provided to the chosen taxi company in order for them to be able to carry out the booked ride.

TaxiCaller will not share any personally identifiable information with other parties except as described above regarding the companies using our service to provide transportation services. TaxiCaller also processes anonymous data in order to improve its or third party services. Such anonymous data does not allow the identification of the users to which it relates. TaxiCaller may share anonymous data with third parties.

You always have the right to access your personal information. If they are inaccurate, incomplete or irrelevant, you may change the data, and also choose to delete the data. This can be done once every year by sending an email to support@taxicaller.com.

TaxiCaller uses cookies on its websites to make the service easier to use. A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to "remember" your actions or preferences over time. Users can disable cookies by changing their browser settings. By signing up for TaxiCaller's services you accept that TaxiCaller uses cookies and similar technologies to enhance the quality of the service.

Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like.

This policy is current as of its last revision date. However, please note that this policy may be amended from time to time to reflect changes and additions to the privacy policy. Please check back for the most current version before relying on any of the provisions in this privacy policy.


The following section applies to credit cards registered with TaxiCharge

TAXICHARGE PARTNER MOBILE APP

TERMS AND CONDITIONS

1. Application

1.1 These terms and conditions apply to your use of the mobile app offered by TaxiCharge New Zealand Limited (trading as TaxiCharge).

1.2 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.

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

1.4 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).

1.5 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.

2. Getting Started

2.1 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.

2.2 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).

2.3 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.

2.4 Your nominated payment method may include an approved:

2.5 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.

2.6 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.

2.7 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.

2.8 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.

2.9 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.

3. Payment

3.1 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.

3.2 Surcharges on scheme debit cards and credit cards are applicable to payments made via the TaxiCharge Partner Mobile App and in person.

3.3 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.

4. Conditions of Use

4.1 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.

4.2 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.

4.3 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).

4.4 You further agree that:

4.5 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.

4.6 TaxiCharge may suspend the operation of the TaxiCharge Partner Mobile App at any time, including but not limited to for periodic maintenance.

5. 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.

6. Termination

6.1 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

6.2 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.

6.3 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.

7. Limitation of liability

7.1 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.

7.2 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:

7.3 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.

8. Collection and use of information

8.1 In accordance with the Privacy Act 1993:

8.2 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.

9. General

9.1 TaxiCharge may transfer its rights or obligations under these terms and conditions to another legal entity without your consent or notice to you.

9.2 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.

9.3 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.

9.4 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.

9.5 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