Terms of Service for the Smart Travel website and app,
also known as Let's Carpool with Smart Travel

Terms of Use Agreement between User and Smart Travel Partners

Definitions

Site - The Smart Travel website and associated application is owned by the following councils and transport authorities of New Zealand, and developed/hosted by RideShark Corporation. Participating councils, hereby known as Smart Travel Partners are:

Auckland Transport, Hamilton City Council, Bay of Plenty Regional Council, Hawkes Bay Regional Council, New Plymouth District Council, Horizons Manawatu, Greater Wellington Regional Council, Nelson City/Tasman District Council, Environment Canterbury, West Coast District Council.

Participating Organisations - Various organisations and companies who work with their local Smart Travel Partner to offer ridematching services for their employees.

User, you or your - anyone accessing, browsing, using or registering for an account on this Site or the application.

The User's use of the Site is subject to the following Terms of Use and all applicable laws.
By accessing, browsing or registering for an account on this Site, each User accepts, without limitation or qualification these Terms of Use.

TERMS OF USE

Each User will be prompted to click "Yes, I certify that I am 18 years of age and I accept the Terms & Conditions of Use and Privacy Statement." to acknowledge that they have read, understood and agree to be bound by these Terms of Use and wish to access, browse or register for an account on this Site.

The purpose of Smart Travel is to ease travel to and from the workplace by establishing carpools for commuters, promoting public transport use and helping facilitate bike and walk buddies. As a Smart Travel programme participant, there may be times when you are a passenger or a driver for other passengers.

Smart Travel Partners and the Participating Organisations in providing this service of matching riders and drivers based on location and work schedule, hereby disclaim any responsibility or liability for any accidents or harm to any ride share programme participants. We provide this service solely as a venue for communication between commuters that meet certain criteria. We do not evaluate or insure the character or skill of any drivers or passengers. Furthermore, our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

None of the Smart Travel Partners or the Participating Organisations assume any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While we strive to keep the information on this Site accurate, complete and up to date, the Smart Travel Partners cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the information. The Smart Travel Partners accept no responsibility for actions of any individuals using the Site or related application.

YOUR ACCOUNT

You must be at least 18 years old to use this Site. Use of this Site is voluntary and each User should exercise caution and discretion in using the services offered on the Site and generally take all reasonable (and lawful) steps they deem to be necessary to ensure their personal safety.

If you register for an account on this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate information on your account for ride matching purposes. To preserve the integrity of the data in the ride matching database, the Smart Travel Partners reserve the right to modify, deactivate and/or delete accounts they deem to contain inaccurate and/or inappropriate information. Accounts that are inactive for a certain period of time will be handled as follows: The registered user will receive an e-mail directing him/her to reactivate his/her account. If no action is taken within a specified period, the account will be deactivated, and subsequently deleted if there continues to be no activity.

Registration involves creating an account and entering information about the start and end point of your trip(s) and stating your preferences for rideshare partners. You can edit this information at any time.

Users can de-register from Smart Travel and delete their account at any time using the Personal Settings function in the top right hand corner of the login page.

PROPRIETARY RIGHTS

Users have the right to access, view and print content on the Site, provided the content is only used for information / non- commercial purposes.

Some material on this site (as well as the organisation and layout of the Site) is owned and copyrighted, licensed by, or used with permission that is granted to the Smart Travel Partners. No reproduction, distribution or transmission of the copyrighted material or confidential information at this Site is permitted without the prior written permission of the Smart Travel Partners and/or RideShark Corporation, the software developer.

CONFIDENTIAL INFORMATION

"Confidential information" means all information or material which: (i) is obtained from password-protected portions of the Site; (ii) is your or another User's personal information; or (iii) which is (a) marked "confidential," "restricted," or with another similar marking, (b) known by the parties to be considered confidential, or (c) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. You agree that you will not disclose confidential information submitted by others to any person or entity outside of your organisation. You will not use or permit the use of any confidential information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the confidential information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care.

The Smart Travel Partners collect confidential information, including personal information, in order to operate the Website and provide the services. The collection, storage and use of your personal information is governed by our privacy policy.
Smart Travel Partners may share your personal information with their affiliates, representatives and service providers and with Participating Organisations or other Users in order to provide the services to you.

This Site uses session cookies to track users' account activity. This information is accessible only by Site administrators for Smart Travel and its partner agencies.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this site, you warrant to the Smart Travel Partners and your Participating Organisation that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.

You may not without the prior written permission of Smart Travel use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or programme, algorithm or methodology having similar processes or functionality, or any manual process, to attempt to gain unauthorised access to any portion of this Site, monitor or copy any of the Web pages, data or content found on this Site or accessed through this Site. No User may test the vulnerability of the Site, or seek to trace any information on any other User of this Site.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of this Site and the service offered at the Site is at your sole risk. The Smart Travel site is provided on an "as is" and "as available" basis. Smart Travel Partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

LIMITATION OF LIABILITY

You expressly understand and agree that none of the Smart Travel Partners or the Participating Organisations shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from:

The use or the inability to use the Site or services;

The cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on the Site, or through or from the service;

Unauthorised access to, or alteration of your transmissions or data;

Statements or conduct of any third party on the service or in, or relating to, a carpool; or

Any other matter relating to the Site or services offered on the Site.

LINKS

This Site may contain hyperlinks to websites operated by parties other than the Smart Travel Partners or their affiliates. We provide these links solely for our Users' information and convenience, and the inclusion of these links should not be construed as an endorsement of those sites or their content.

Read each partner agency's links policy for more details about links to other sites as well as guidelines for linking to our Site.

CHANGES TO SITE

The Smart Travel Partners may make improvements to or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. These Terms of Use may be modified at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use on the Site. Accordingly, you agree to review these Terms of Use periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Terms of Use.

The Terms of Use and the Smart Travel Site are governed by New Zealand law, and all Users submit to the jurisdiction of New Zealand courts.

Copyright 2017. A RideSharkTM Solution. All rights reserved. International Patents Pending.

Hyperlinks

Privacy policy - http://www.gw.govt.nz/privacy-statement/