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, Dunedin City 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/