These Terms govern your use of and access to the Platform. By using the Platform, you agree to these Terms. If you do not agree to the Terms, you may not use the Platform.
We may change, vary or modify all or part of these Terms at anytime at our sole discretion, in which case:
we will post the new Terms on the Platform; and
they will apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
It is your responsibility to check these Terms periodically for changes. If you object to any variation to these Terms, your only remedy is to immediately discontinue your use of the Platform.
By using the Platform, you affirm that you:
are 18 years or over; or
otherwise possess legal parental or guardian consent and have obtained the consent of the payment method provider for your purchase of our Products and Services.
As long as you comply with these Terms, we grant you a revocable, non-exclusive, non-transferable, limited licence to access the Platform on your device for the sole purpose of using the Services for your personal use.
You may access our Platform by downloading the relevant application from the App Store for iOS, Google Play for Android or such other relevant digital distribution platforms onto your device or through any other means we choose to make our Platform available.
Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.
Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any functionality, feature or service on the Platform at any time.
The Platform contains Content that is protected by our Intellectual Property Rights and those belonging to third parties.
Subject to your compliance with these Terms, we grant to you a revocable, non-exclusive, non-sublicensable and non-transferable licence to access the Content on your device for the sole purpose of using the Services for your personal use.
Except as expressly provided otherwise in these Terms, you do not have any right, title or interest in or right of use of the Platform or any Content on the Platform.
The Services constitute a technology platform that enables users of our Platform to arrange and schedule transport services with other identified users of our Platform in pre-determined groups (Lift Provider). You may only utilise the Services through our Platform and for your personal use.
You acknowledge that:
We only arrange and facilitate transportation services.
We do not provide transportation or logistics services.
We are not a transportation carrier.
How you may make a request for and utilise the Services and related functionality is as indicated on our Platform or as we may otherwise describe or represent to you in writing.
The range of Services that we may make available to you may depend on your subscription level. The subscription levels available, what Services we may make available to you for each subscription level and the applicable costs for each subscription level is as indicated on our Platform or as we may otherwise describe or represent to you in writing.
We may offer a trial or free period in which subscription fees will not apply to obtaining our Services via our Platform. The terms of the trial or free period, including the length of the period and what Services will be available to you during that period, will be as indicated on our Platform or as we may otherwise describe or represent to you in writing.
If you fail to pay any relevant subscription fee, we may without limitation restrict or prevent your access to any part of the Services that are otherwise provided for that subscription level until you pay the required subscription fee.
All payments for any subscriptions will be managed by the relevant digital distribution platform from which you downloaded the application to access our Platform or as we otherwise indicate to you on our Platform or in writing. The Platform will at most facilitate your payment of the applicable subscription fees on behalf of the relevant digital distribution platform provider. We do not manage any payment processes or collect any of your payment information.
All subscription fees will be inclusive of applicable taxes as required by law. We reserve the right to revise any subscription fees applicable to our Services at any time in our sole discretion.
The Services Conditions may apply to purchases of certain Services and to the use of specific portions or features of the Platforms. Services Conditions can be found on the Platform or as we otherwise indicate.
You agree to abide by such Services Conditions.
We may make changes to any Services offered on the Platforms, or to the applicable prices for any such Services, at any time, without notice (except as may be applicable under relevant Services Conditions).
Services Conditions may be changed from time to time and are effective immediately upon posting such changes on the Platforms.
To access or use certain parts of the Platform, you will be required to register as a user and open an account (including setting up an identification name and password) and agree to certain terms and conditions.
When registering as a user of the Platform, you must:
provide us with accurate, complete and up-to-date registration information, as requested;
provide us with a form of identification to verify your identity, if requested; and
inform us of any changes to your registration information.
When registering as a user of the Platform, you must not:
register as a user multiple times or more than once using one email address; or
impersonate or create a user registration for any person other than yourself.
As a registered user of the Platform, you must:
ensure the security and confidentiality of your user registration details, including any username and/or password that you select;
notify us immediately if you become aware of any unauthorised use of your user details; and
not permit your user details to be used by or transferred to any other person.
You are entirely responsible for all activities which occur under your user details as a result of your failure to keep your information secure and confidential (including unauthorised use of your credit card or other payment details).
We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Platform, including if we believe you:
are abusing the use of the Platform in any way;
have breached these Terms, including any provision of clause 7; or
are no longer an active user of the Platform.
If we suspend or terminate your use or access to all or any part of the Platform, we may, without limitation:
delete and/or remove or prevent further access to any or all of your information; and
refuse to allow you future access to the Platform or use of our Services.
You must not, without our prior written consent:
use the Platform in breach of any applicable laws or regulations;
use the Platform (or Content obtained from the Platform):
to transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instant messaging, “spimming,” “spamming” or large amounts of untargeted, unwanted or repetitive content, other than to share links to or content you generate by and through the Platform on those of your authorised social media platforms for the purposes of beneficially sharing your use of the Platform and the Services and promoting the Platform and the Services;
to impersonate any person or entity;
to solicit money, passwords or personal information from any person;
to harm, abuse, harass, stalk, threaten or otherwise offend others; or
for any unlawful purpose;
use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that, in our opinion:
in any way violates or infringes (or could reasonably be expected to violate or infringe) the Intellectual Property Rights or other rights of another person;
contains, promotes or provides information about unlawful activities or conduct;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, vulgar, profane or otherwise unlawful, including Material that racially or religiously vilifies, contains cruelty or abuse (including to animals), incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
exploits another person in any manner;
includes an image or personal information of another person or persons unless you have their consent;
poses or creates a privacy or security risk to any person;
you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
contains restricted or hidden content;
contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
advertises, promotes or solicits any goods or services or commercial activities;
interferes with, disrupts, or creates an undue burden on the Platform or any systems, or networks connected to the Platform; or
uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform or any Content on it;
copy, store, alter, reproduce, republish, upload, post, display, transmit or distribute any part of the Platform or Content to any other device, server, website or other medium for publication or for any commercial enterprise or use;
use the Platform with the assistance of any automated scripting tool or software;
frame or mirror any part of the Platform;
use code or other devices containing any reference to the Platform to direct other persons to any other web page;
attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
delete any attributions or legal or proprietary notices on the Platform.
You must, at immediately upon our request or as we direct, remove, take down, modify and/or remedy and reference, post, share or upload you make on any other social media or internet-based platform that contains any Content in connection with the Platform or the Services.
The Platform may feature or display links and pointers to websites, content and advertising owned and/or operated by third parties (Third Party Features). Third Party Features (if any) do not form part of the Platform and are not under our control. By featuring or displaying such Third Party Features we do not in any way represent that we recommend or endorse the relevant third party, its products or services. We do not accept any responsibility in connection with any Third Party Features. If you engage with any such Third Party Features, you do so entirely at your own risk.
The payment gateways integrated into the purchase process made available through or facilitated by this Platform are maintained or developed by third party service providers and are not maintained or developed by us. Your use of such services is subject to the terms and conditions of use maintained by such third parties and we are not responsible to you for your use of their payment gateway services. You acknowledge that we have no responsibility for and are liable in relation to any information provided to or via the payment gateway.
You assume total responsibility for your use of the Platform and any linked independent third-party websites or platforms.
Except where expressly stated otherwise, Content on the Platform is provided as general information only.
You acknowledge and agree that:
transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others;
we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance;
we cannot ensure that any images, files or other data you download, share or obtain from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features;
the Platform and its Content is delivered on an as-is and as-available basis;
while we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits and we will not be liable for the same; and
your sole remedy against us for dissatisfaction with the Platform or any Content is to stop using the Platform.
All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
Any liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
No warranty is given and we will not be liable for:
alterations, modifications or variations to the Platform or Content which are not performed by us;
damage or failure caused by unusual or non-recommended use or application of the Platform or Content;
updates to the iOS, Android or other relevant mobile operating platform, the API environment for the relevant mobile operating platform or any other release of a version of any relevant software which renders features of the Platform unstable or unusable;
your use or reliance on the Services or your inability to access or use the Services;
any transaction or dealings with, or any acts or omissions of, a Lift Provider; and/or
loss caused by any factors beyond our control.
We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us.
You acknowledge that:
our Services are limited to facilitating your ability to arrange transport via the Platform;
we do not provide or operate transport, logistics or passenger services nor in any way function as a transport carrier;
Lift Providers are independent third persons who are not employed or controlled by, or affiliated with, us;
Lift Providers providing transportation or logistics services requested using our Services may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed; and
while you may use Services to request and schedule transportation or logistics services from Lift Providers:
It is your responsibility to select the appropriate Lift Provider suitable for the Services you wish to request via our Platform.
We are not responsible to you for any transportation or logistics services provided by a Lift Provider or for the quality, suitability, safety or reliability of a Lift Provider other than as expressly set out in these Terms.
If you think that the Platform has been accessed or used by another user in breach of these Terms, please email us at [email protected].
We may provide notices to you in the form of notifications to your device via our Platform, to your nominated email address or otherwise in writing.
Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with, breach or alleged breach of these Terms.
Lawful purpose: You shall ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
Force Majeure: If a Force Majeure Event occurs, we may:
totally or partially suspend any Platform, any part of the Platforms during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and
elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms.
Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
Governing law: These Terms shall be governed by the laws of New Zealand.
Personal pronouns: Except where the context otherwise provides or requires:
the terms we, us or our refers to Localift NZ Ltd (5875192); and
the terms you or your refers to a user of the Platform.
Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork, location information and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
means circumstances beyond our reasonable control and shall include, but not be limited to, compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections or defaults of our suppliers or subcontractors.
means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
has the meaning given to it in clause 4.1.
means all or any of the relevant platforms, mobile applications, electronic interfaces and websites that are owned, provided and/or operated from time to time by us regardless of how it is accessed by users (including via the internet, mobile phone or any other device or other means).
means any transport arrangement and facilitation services and other related services that we provide through the Platform.
means relevant and applicable terms and conditions for the supply of Services by us to you.
means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.