Terms And Conditions

Terms And Conditions

General Condition of Use

1.1 Acceptance of terms


These Conditions apply to any use of the Site whatsoever. By using the Site, Users accept these Conditions in full, even if a User does not create a User Account. No access to the Services will be permitted unless the Conditions are accepted in full. All Users agree that their personal data may be processed in accordance with the Privacy Policy. In the event that any User fails to comply with any of the Conditions, Easy As Carpooling reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.

1.2 Definitions


These General Conditions of Use apply to all services provided by Easy As Carpooling Limited (a company registered in New Zealand under company registration number) whose registered office is at 69B Landcaster Road,Beach Heaven,Auckland 1022.
Easy As Carpooling operates the website: www.easyascarpooling.com

1.3 Defined Terms


“Easy As Carpooling" means Easyascarpooling Limited, the company maintaining the matching services for ridesharing on the Site and any of its partners or group or associated companies.
“Booking Fee” means the applicable fees or other relevant amount for the Cancellation Service.
“Booking Confirmation” has the meaning ascribed to it at Clause 3.3.
“Conditions” means these General Conditions of Use, including the Privacy Policy.
"Cost Contribution" means the amount excluding the Booking Fee (if any) set out by the Driver in relation to the Trip which is payable by the Passenger as their contribution towards the costs of the Trip.
"Driver" means the individual using the Site to offer a Ridesharing journey with a Passenger and to transport that Passenger to a given destination at an agreed time in exchange for the Cost Contribution.
"Leg" refers to a section or part of a Trip offered for separate booking by a Passenger as set out in the Conditions.
"Passenger" means an individual who has agreed using the Service to travel with a Driver.
“Qualifying Trip” has the meaning ascribed to it at clause 3.2
“Ridesharing” means the sharing of a Vehicle for a Trip or Leg by a Driver carrying a Passenger for that Trip or Leg in exchange for a Cost Contribution;
"Service" refers to any service provided by the Site to any User.
"Site" means www.easyascarpooling.com and any other website or related mobile or other applications edited, maintained or operated by Easy As Carpooling
“Trip" means a given journey in relation to which a Driver and a Passenger have agreed a transaction through the Site and such expression shall include a Qualifying Trip.
"User" refers to a Passenger, Driver or any other user of the Site.
"User Account" means an account with the Site opened by a User and used in order to access the Service provided by the Site.
“Vehicle” means the vehicle offered by a Driver for Ridesharing.
1.4 Variation of the Conditions, the Site and Service

Easy As Carpooling reserves the right to modify the Conditions at any time. In addition, Easy As Carpooling may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Users.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.

2. Use of the Service

 

2.1 User Account and Accuracy of Information


In order to use the Services each User must create a User Account and agrees to provide any personal information requested by Easy As Carpooling. In particular, Users will be required to provide a copy of their International or New Zealand driver licence (for drivers) or passport (for Passenger only), to feel their profile with their first name, last name, age, title matching the drivers licence or the passport, valid telephone number and email address. Use of the Site is limited to those over the age of 18 at the time of registration.
Users agree and accept that all of the information they provide to Easy As Carpooling when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to Easy As Carpooling or posted on the Site in connection with any Trip, Vehicle or Ridesharing will be true accurate and complete.
Easy As Carpooling will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) is incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by Easy As Carpooling Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person.
Any breach of these Conditions will give rise to immediate suspension of a User’s Account and they may be restricted from accessing any further Services.


2.2 Verification of phone number


In order to increase trustworthiness, prevent typos and wrong numbers, any User must verify their mobile number. The User may do this by providing Easy As Carpooling with their mobile phone number, after which the User will receive an SMS with a 4-digit code which can be validated on the Site.
This service is free of charge, except for the possible cost levied by a User’s mobile phone operator for receiving the SMS.


2.3 Insurance, Registration, Warrant of Fitness


The Driver agrees and undertakes that they will take out and maintain insurance to cover the Trip and any carpooling offered or booked through the site. The Driver agrees that they will, on request, provide the Passenger with evidence in advance of the Trip of the complete validity of his or her insurance policy. The Driver also undertakes to hold a current and valid drivers licence .What is meant by valid driver license is a full license or a valid international license or recognized translation which is not expired. The Driver will own or will be entitled to use the Vehicle and that the Vehicle will have a valid warrant of fitness, Registration Licence. The Passenger is entitled to request evidence of the Driver’s insurance, warrant of fitness and registration licence (disk on windscreen), driving licence at any time up to completion of the Trip.
It is Easy As Carpooling’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 third party insurance. However Easy As Carpooling gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover.
It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance for a Trip. The Driver must confirm that her or his insurance policy allows her or him to carry passengers and that the insurance policy covers all Passengers and any accident or incident which may occur during a Trip. The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit. The Driver may collect no payment from the Passenger other than the Cost Contribution and the Driver must not in any event make a profit.
The Driver therefore undertakes to calculate her or his expenses (fuel, tolls, maintenance, repairs, depreciation and insurance of his or her Vehicle) and guarantees that the total Cost Contributions requested from her or his Passengers does not result in any profit.
If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason the Driver will be responsible for the financial consequences, losses and damages arising and Easy As Carpooling will not be liable under any circumstances to the Driver or the Passenger.
Easy As Carpooling reserves the right to suspend immediately the account of a user, including the money displayed as a credit or otherwise and to make aware to competent authorities any professional activity.

2.4 Management of disputes between Users



Easy As Carpooling is under no obligation to seek to resolve disputes between Users, however Easy As Carpooling will try to assist to resolve a dispute when requested by a User.
If any dispute is not settled, Easy As Carpooling reserves the right to retain any sums paid by the Passenger until an amicable agreement has been reached between the Passenger and the Driver or a definitive judicial decision has been made.

3. Bookings and Payments

 

3.1 Types of Booking and Payment


Easy As Carpooling offers a service which allows Users to contact each other directly to arrange a car share by setting up a meeting point and agreeing travel conditions (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played in the car, etc).
Drivers and Passengers will have no recourse to Easy As Carpooling for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up. Subject to the payment of a Booking Fee by the Passenger, Cost Contributions may be collected using the Site from the Passenger on behalf of the Driver by Easy As Carpooling at its sole discretion in the circumstances set out below. No Cash Payment should be done.
Easy As Carpooling will not contact either party and will take no steps whatsoever to manage the booking. The Ridesharing service itself is managed by Drivers and Passengers only.
Please note that Easy As Carpooling reserves the right to change any aspect of the Site or its services which may include adding new services (which may require payment) or withdrawing services.

3.2 How to Book a Car Share for a Qualifying Trip


The Driver provides details of her or his Qualifying Trip on the Site, specifying date and time for departure and destination points, the amount of the Cost Contribution per seat and all other relevant travel conditions.
The Passenger books one or more seats in the car for that Qualifying Trip from the Site exclusively by making a payment online using a bank/credit card (“Booking”) of the Cost Contribution and the Booking Fee.
Credit card transactions will be acquired for Easy As Carpooling via PayPal.
We also offer payment via PayPal, an internationally recognised method of payment used in over 200 countries. Please note PayPal payments will be converted into US Dollars when paying for your booking. Go to www.paypal.com for further information on their services.
Easy As Carpooling will then send an email confirmation to each of the Driver and the Passenger confirming the Booking upon receipt by Easy As Carpooling of the Cost Contribution and Booking Fee from the Passenger of the Qualifying Trip ("Booking Confirmation"). Once a Booking Confirmation has been sent, the Booking is complete and a separate binding agreement for Ridesharing relating to a Qualifying Trip shall be formed between the Driver and Passenger. With effect from the Booking Confirmation, the Driver and the Passenger shall also be bound by the additional financial provisions set out below at Clause 4.3 together with the conditions of cancellation of the Qualifying Trip set out below at Clause 3.3.
The Booking is personal to the Driver and the Passenger. The identity of the Driver and the Passenger must match the identity provided by each of them to Easy As Carpooling. A User shall be entitled to cancel a Trip if the identity of the Driver or the Passenger is not that provided on the Site.
The Driver undertakes to Easy As Carpooling and to the Passenger(s) to perform the Trip that she or he has advertised on the Site to share with them on the agreed date, time and place. The Driver also undertakes to Easy As Carpooling and to the Passenger(s) to ensure that his or her Vehicle has the seating capacity advertised and for which the Bookings were made.

3.3 Payment Terms for a Qualifying Trip (Online payment)

 

Booking Fee


Easy As Carpooling shall charge a Booking Fee calculated using the pricing below.
The Booking Fee will be added to the price of Cost Contribution payable by the Passenger for a Qualifying Trip and payable by bank/credit card or Paypal by the Passenger on the date of the booking payment online of the Cost Contribution.
The Booking Fee consists of a minimum amount ($1) and a variable part (20%), to which is added the amount of value added tax (GST) which is currently at 15%. The Booking Fee will apply for each car seat made available by the Driver of a Qualifying Trip.
Payment of the Driver of a Qualifying Trip (online payment)

After seven working days of the date of performance of the Ridesharing service for the Qualifying Trip that she or he used the Ridesharing service provided by the Driver in relation to the Qualifying Trip for which the Booking was placed, the Passenger shall be deemed to have used the Ridesharing service and accepted that the Cost Contribution in relation to the Qualifying Trip is due and payable to the Driver and that the Booking Fee is due and payable to Easy As Carpooling (“Authorisation to Pay”).
As soon as practicable from the date of the Authorisation to pay given by the Passenger (“Credit Date”), the User Account of the Driver shall show a credit representing the amount of the Cost Contribution payable by the Passenger (“Amount”) and Easy As Carpooling is hereby authorised to receive payment of the Booking Fee. When driver request payment from his login account, Easy As will process it, please note that money transfer will be done from $50 and more. Easy As Carpooling shall not pay the Amount due otherwise than by bank transfer, thereby excluding any payment in cash or by cheque.
Easy As Carpooling shall not be liable to the Driver for any loss resulting in the failure to pay the Driver if for any reason whatsoever, the amount payable by the Passenger is not received by the Driver or is required to be returned to the Passenger such as in the event of insufficient funds, fraudulent use of the card of the Passenger, the card company or bank of the Passenger failing to process correctly the payment or a failure on Easy As Carpooling’s side to take or make a payment when it is outside Easy As Carpooling’s reasonable control.
The Driver undertakes to return to Easy As Carpooling on demand any amount received in such circumstances.
4 Additional financial provisions relating to Qualifying Trips

All sums received by Easy As Carpooling under these Conditions as Cost Contributions and Booking Fees are held in a separate designated deposit bank account with a recognized bank for the benefit of the Drivers until they are due and payable to either the Driver or Easy As Carpooling as the case may be. Any order to pay made by the Users in accordance with these Conditions is irrevocable and will be executed by the bank.
The Passenger and Driver agree that no interest is payable on the money held in a separate designated deposit bank account with the bank. In an effort to minimise the effects of credit card fraud and to prevent money laundering, the Users agree to provide on request from Easy As Carpooling and/or any recognised bank and more generally any competent judicial or administrative authority any information that they may require to verify their identity, including any proof of identity and proof of address. In the absence of immediate response to these requests, the Users agree that Easy As Carpooling shall be entitled to take unilaterally any action that it deems appropriate including the freezing of any payments to be made under those terms and / or the suspension of the Service(s).
No payment may be made to a Driver on an account that has not been opened in her or his name.

5. Disclaimer of Liability

 

5.1 Liability




Easy As Carpooling is not a party to any agreement between a Driver and Passenger and will not be liable to either party unless the loss or damage incurred arises due to Easy As Carpooling’s negligence.
Easy As Carpooling shall use its reasonable endeavour to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance,the introduction of new facilities or services or for other reasons beyond Easy As Carpooling’s control. Easy As Carpooling 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 or users may experience with the Site. If a User detects a fault, please contact us and Easy As Carpooling will endeavour to correct the fault as quickly as Easy As Carpooling can. Easy As Carpooling will not be liable to a User for any fraudulent use of payment instruments by a Passenger. In such circumstances, no compensation or indemnity whatsoever shall be given by Easy As Carpooling to the Driver.
Easy As Carpooling shall not be liable for any loss or damage arising as a result of:
· 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;
· Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Passenger before, during or after a Trip.
Easy As Carpooling will not be liable to any User for 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 Easy As Carpooling (whether suffered or incurred as a result of the CarTrip’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.
Easy As Carpooling will not be liable to any User in relation to any Trip and / or unpaid Cost Contribution and / or Booking Fee unless Easy As Carpooling is notified of a claim relating to that Trip or unpaid Cost Contribution and / or Booking Fee within 3 months of completion of the Trip.
Nothing in this Agreement stipulates that Easy As Carpooling is liable for death or personal injury arising as a result of Easy As Carpooling’s negligence.
Given that Drivers are required to hold valid insurance to cover a Trip and given that Easy As Carpooling’s service is limited to putting Drivers and Passengers in touch with each other and cannot oversee any Trip, Users accept that the limitations on the Easy As Carpooling’s liability set out above are reasonable.

5.2 No Commercial activity and Status of Easy As Carpooling


The Site and the Service are strictly limited to providing an online platform that connects Drivers and Passengers to car share in a private capacity. The Site and the Service may not be used to connect Drivers and Passengers to car share, offer or accept ridesharing for profit or in any commercial or professional context.
Drivers must not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).
All Trips, collection points and destinations must be pre-agreed through the Site in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passenger through the Site.
Users are reminded that using the Site in a commercial or professional capacity may invalidate a Driver’s insurance. Easy As Carpooling liability is limited in accordance with these Conditions and in particular Easy As Carpooling is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Driver (in breach of these Conditions) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Users to be vigilant in ensuring that ridesharing related services are not provided on a commercial basis.

5.3 Status of Easy As Carpooling


Neither Easy As Carpooling nor the Site provides any transport services. The Site is a communication platform for Users to transact with one another. Easy As Carpooling does not interfere with Trips, destinations or timings. The agreement for ridesharing is between the Driver and the Passenger. Easy As Carpooling is not a party to any agreement or transaction between Users, nor is Easy As Carpooling liable in respect of any matter arising which relates to a booking between Users.
Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.


6. Driver and Passenger obligations


6.1 Driver's obligations


Each of the Drivers undertakes and agrees that:
• They will present themselves on time and at the place agreed with the specified Vehicle;
• They will immediately inform all Passengers of any change whatsoever to the Trip;
• If the Driver decides to change any aspect of a Trip, Easy As Carpooling won’t let him modify his ride, then the trip must be cancelled and a new trip created, the passenger can then rebook the trip. In that case, contact us to specify to make sure we don’t miss out.
• They must wait for the Passenger(s) at the pickup point for at least 15 minutes after the agreed time (however, the Passenger is expected to be punctual);
• They must abide by all road rules and laws of the country.
• They must have a copy of their insurance policy, registration certificate/licence in the car.
• They must have their driver's licence with them at all times.

6.2 Passenger obligations


Each of the Passengers undertakes and agrees that:
· They will present themselves on time and at the place agreed with the Driver;
· They will immediately inform the Driver or Easy As Carpooling if they are required to cancel a Trip;
· They will comply with the Carpooling Agreement at all times;
· They wait at the pickup point for at least 15 minutes after the agreed time for the Driver to arrive;
If the Passenger or Driver fail to comply with any of these terms or any other conditions, Easy As Carpooling reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Site.

7. General Terms

 


7.1 Suspension or withdrawal of Site access




In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that Easy As Carpooling can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).


7.2 Intellectual property




The format and content of this Site is protected by New Zealand and international copyright and Easy As Carpooling reserves all of its rights in relation to its copyright whether owned or licensed to Easy As Carpooling.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Easy As Carpooling) which appear on the Site.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Easy As Carpooling. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of Easy As Carpooling. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.


7.3 Content of the Site provided by the Users




By displaying content on this Site, Users expressly grant a licence to Easy As Carpooling to display the content and to use it for any of Easy As Carpooling’s other business purposes.
Users of this Site 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 Easy As Carpooling’s policy and Easy As Carpooling does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify Easy As Carpooling in relation to any liability it may suffer as a result of any such content. However as soon as Easy As Carpooling becomes aware of infringing content, Easy As Carpooling shall do everything it can to remove such content from the Site as soon as possible.

8. General

The failure of Easy As Carpooling to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Easy As Carpooling. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

9. Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

10. Governing Law

This agreement is governed by the laws of New Zealand. You consent to the jurisdiction of the New Zealand courts for any dispute that may arise out of this agreement.