Chariot Ridesharing App Terms of Use

Welcome to Chariot. Chariot Ridesharing Limited (Chariot) provides a mobile platform that connects drivers with spare seats in their vehicles for a journey (Drivers) with people seeking to travel in the same direction or to the same destination as the Driver (Passengers).

These terms of use (Terms) govern your use of the Chariot mobile application (App) and of the Chariot website (Site). By downloading or using the App or Site, you agree to comply with and be bound by the Terms which form the basis of your agreement with Chariot.

Chariot permits you to use the App and the Site strictly for personal, non-commercial purposes only. Use of the App or Site for any other purpose is prohibited. If you do not agree with these Terms you must not use App or Site.

Downloading the App does not guarantee that you will be accepted as a Driver and/or Passenger. You must apply to become a Driver and/or Passenger by completing the registration process set out in clauses 2, 3 and 4 below.

1. HOW THE APP WORKS

1.1 The App can be used to connect Drivers with spare seats on a car journey with Passengers seeking to travel in the same direction (a Ride). To create a listing you must be registered as a Driver. To view and book Rides you must be registered as a Passenger.

1.2 Chariot is not an owner or operator of vehicles, nor is it a provider of Rides. Unless explicitly specified otherwise in the App, Chariot’s responsibilities are limited to:

(a) facilitating the availability of the App; and

(b) serving as the limited payment collection agent of each Driver for the purpose of accepting payments from Passengers on behalf of the Driver,

(both forming the Services).

1.3 The App is intended to be used to facilitate Drivers and Passengers connecting and booking Rides directly with each other. Chariot cannot and does not control the content contained in any listing and the condition, legality or suitability of any vehicle. To the extent permitted by law, Chariot is not responsible for and disclaims all liability related to any and all listings and Rides. Accordingly any listings will be made or accepted at the member’s own risk.

2. ELIGIBILITY AS A MEMBER

2.1 To register as a Driver and/or Passenger, you must first register to become a Chariot member (Member).

2.2 To be eligible to become a Member you must:

(a) be a human person, over
18 years old and able to enter contracts;

(b) own and have access to
a tablet or mobile phone capable of Internet and GPS connectivity (Device);

(c) download the App to your
Device;

(d) have a current, valid
credit card;

(e) agree to comply with
any requests from Chariot relating to police, background or identification
checks;

(f) have a current, valid
form of identification, which must be one of the following:

(i)New Zealand Driver Licence;

(ii)New Zealand Passport;
or

(iii)New Zealand Birth
certificate; and

(g) be accepted and
validated by us.

3. REGISTRATION AS A
DRIVER

3.1 To be eligible to
register as a Driver you must:

(a) have, hold and maintain
a current, valid “Full” New Zealand Driver Licence;

(b) have driving experience
of a reasonable quality, as determined by Chariot in its sole discretion;

(c) maintain your Vehicle
in a clean, safe condition, with a current Warrant of Fitness and vehicle
registration (including having paid any applicable licensing fees);

(d) arrange and maintain
appropriate insurance coverage to our satisfaction (which includes third-party
insurance cover);

(e) not have been convicted
of a “specified serious offence” as defined in section 29A of the Land
Transport Act 1998, regardless of the sentence imposed;

(f) not have any conviction
or pending charge for any type of criminal or driving offence;

(g) have a New Zealand bank
account;

(h) provide all requested
information to us, including your bank account details and your vehicle
information, registration number and picture; and

(i) be accepted as a Driver
by Chariot in its sole discretion.

3.2 Your registration as a
Driver is only valid in respect of the Vehicle(s) you have disclosed to us in
the registration process or in respect of which we have subsequently agreed may
be used by you as a Driver.

3.3 By registering as a
Driver you warrant and represent that:

(a) all of the information
provided to us by you as part of the registration process is correct, complete
or not misleading in any respect;

(b) you have not been
convicted of nor have any pending charge for any type of criminal or driving
offence;

(c) any Ride undertaken by
you will be in the course of a genuine carpooling or ridesharing journey and
not undertaken for profit or reward of any kind.

4. REGISTRATION AS A
PASSENGER

4.1 To be eligible to
register as a Passenger you must:

(a) satisfy the Member
requirements; and

(b) provide customary
billing information such as name, billing address and credit card information
(either to Chariot or its third-party payment processor(s)).

4.2 Once you are registered
as a Passenger, you can book Rides in accordance with these Terms.

5. YOUR PROFILE

5.1 Your Chariot profile
will be created for your use of the App based upon the personal information you
provide to us. You may not have more than one active Chariot account. You agree
to provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and
complete. Chariot reserves the right to suspend or terminate your membership
and your access to the App if you create more than one Chariot account, or if
any information provided during the registration process or thereafter proves
to be inaccurate, fraudulent, not current or incomplete.

5.2 You are responsible for
safeguarding your password. You agree that you will not disclose your password
to any third party and that you will take sole responsibility for any
activities or actions under your Chariot account, whether or not you have
authorised such activities or actions. You will immediately notify Chariot of
any unauthorised use of your account.

5.3 You agree to notify us
promptly in the event that your device on which the App is stored is lost or
stolen or if you become aware that another person has accessed the App in your
name. You are liable for, and will take reasonable care to protect, each Device
you use to access the App from loss or theft.

5.4 If you wish to become a
“verified” Member, you agree to complete the necessary actions and pay any
additional fees requested.

5.5 Verification will
involve checking your information against databases provided under contract
from Data Zoo Limited from time to time. You consent to the disclosure of the
personal information you provide to us, for the purpose of this verification
and any subsequent re-verification(s).

6. RIDES

6.1 Once you are registered
as a Driver, you may create a listing for a Ride. To list a Ride, you will be
required to answer a variety of questions about the Ride, including, but not
limited to:

(a) origin location;

(b) destination location;

(c) departure date and time;

(d) number of seats
available;

(e) return trip information
(optional);

(f) recurring trip information
(optional); and/or

(g) choice of restricting
the listing’s availability to female passengers only (option only available to
female drivers).

6.2 Rides will be made
publicly available via the App. Passengers will be able to send a request to
your Ride listing via the App based upon the information provided in your
listing.

6.3 You acknowledge and
agree that you alone are responsible for any and all Rides you list.
Accordingly, you represent and warrant that any Ride you post and the booking
of, or a Passenger’s journey on, the Ride will be in compliance with all
applicable laws (such as passenger transport laws and rules and regulations
that may apply to any Ride).

6.4 Chariot assumes no
responsibility for a Driver’s compliance with any agreements with or duties to
Passengers, third parties, applicable laws, rules and regulations. Chariot
reserves the right, at any time and without prior notice, to remove or disable
access to any listed Ride for any reason, including Rides that Chariot, in its
sole discretion, considers to be objectionable for any reason, in violation of
these Terms.

6.5 If you are a Driver,
you understand and agree that Chariot does not act as an insurer or as your
contracting agent. If a Passenger requests a booking of your Ride and shares a
Ride with you, any agreement you enter into with such Passenger is between you
and the Passenger and Chariot is not a party to it. Notwithstanding the
foregoing, Chariot serves as the limited authorised payment collection agent of
the Driver for the purpose of accepting, on behalf of the Driver, payments from
Passengers of the Ride Contribution.

6.6 When you list a Ride,
you may also be able to choose to include certain requirements which must be met by the
Passengers who are eligible to request a booking of your Ride, such as
requiring Passengers to have a profile picture or verified phone number, in
order to book your Ride and, in the case of female Drivers, only making a
listing available to female Passengers. Any Passenger wishing to book a Ride
with such requirements must meet these requirements.

6.7 If you are a Driver,
you do not have to accept any response to your Ride listing, and you must
decide for yourself whether any proposed Ride is suitable for you. Chariot may
make certain tools available to you to help you to make informed decisions
about which Passengers you choose to confirm or pre-approve for booking for
your Rides. You acknowledge and agree that, as a Driver, you are responsible
for your own acts and omissions and are also responsible for the acts and
omissions of any individuals who will be in a vehicle for the duration of a
Ride, excluding the Passenger.

6.8 A Member who books or
accepts a Ride will be taken to have contracted directly with the other Member.
Therefore if you have any issues with the Ride itself, your only recourse will
be to the Member you contracted with.

6.9 Chariot recommends that
Drivers obtain appropriate insurance for their vehicles. Please review any
insurance policy that you may have for your vehicle carefully, and in
particular please make sure that you are familiar with and understand any
exclusions to, and any deductibles that may apply for, your insurance policy,
including (but not limited to) whether or not your insurance policy will cover
the actions or inactions of Passengers while sharing your Ride.

6.10 As a Driver, you agree
that you alone are responsible for ensuring that any Ride you list is
accurately represented. You alone are responsible for the content you use and
warrant that you will remove your listing if the content you use ceases to
accurately represent your Ride.

6.11 A Member may choose to allow persons who are not registered as members to share a Ride (Non-registered Passengers). If so, that Member must procure that the Non-registered Passenger complies with these Terms, and the Member will be fully responsible for any act or omission of the Non-registered Passenger, including any failure to comply with these Terms. The Member is liable to pay any Ride Contribution or other moneys that would be payable by the Non-registered Passenger, as if the Non-registered Passenger were a Passenger.

7. NO ENDORSEMENT

7.1 Chariot does not
endorse any Member or any Ride. You understand that Members are required by
these Terms to provide accurate information, and although Chariot may undertake
additional checks and processes designed to help verify or check the identities
or backgrounds of users, Chariot does not confirm, endorse or make any
representations about any Member or the Member’s purported identity or
background nor the safety, quality, legality, timeliness or suitability of any
Ride.

7.2 Any references in the
Site, App or Services to a Member being “verified” (or similar
language) only indicate that the Member has completed a relevant verification
process at that Member’s cost, and does not represent anything else. Any such
description is not an endorsement, certification or guarantee by Chariot about
any Member, including of the Member’s identity and whether the Member is
trustworthy, safe or suitable. Instead, any such description is intended to be
useful information for you to evaluate when you make your own decisions about
the identity and suitability of others whom you contact or interact with via
the App.

7.3 We therefore recommend
that you always carry out your own evaluation and take due care when deciding
whether to share a Ride or to accept a booking request from a Passenger, or to
have any other interaction with any other Member. Chariot is not responsible
for any damage or harm resulting from your interactions with other Members.

8. BOOKINGS AND FINANCIAL TERMS FOR DRIVERS

Definitions:

Ride
Contribution
” means the amount that is due and payable by a Passenger
in exchange for that Passenger sharing a Ride, calculated in accordance with
clause 8 .

Service
Fee
” means the fee that Chariot charges a Passenger for the use of the
Services, which is calculated as up to 20 percent of the applicable Ride
Contribution plus GST.

Transaction
Fees
” means any third-party transaction-related fees incurred by
Chariot in relation to a Ride, and that are on-charged to the Passenger.

Total Contribution
means collectively the Ride Contribution plus the Service Fees plus the
Transaction Fees and which will be displayed to the Passenger as part of the
Ride listing information.

8.1 If you are a Driver and
a booking is requested for your Ride via the App, you will be required to
either confirm or reject the booking request within a specified period (the Booking
Request Period
), otherwise the booking request will automatically expire at
the end of the Booking Request Period. When a booking is requested, we will
provide you with:

(a) the first and last name
of the Passenger who has requested the booking;

(b) a link to the
Passenger’s Chariot account profile page; and

(c) the Passenger’s pick-up
and drop-off location addresses;

(d) the Ride Contribution
you will receive from the Passenger;

(e) the ability to text or
call the Passenger’s cell phone;

(f) an approximate pick-up time;

(g) the ability to cancel
the Ride,

(h) an indication of
whether or not the Passenger has provided other information to Chariot, such as
a verified email address or ID.

8.2 If a Driver does not
confirm, or decides to reject, a booking request by the time the Ride is
scheduled to commence, no fee will be payable by either Member and any
pre-authorisation of a Passenger’s credit card will be released.

8.3 When a Driver confirms
a booking requested by a Passenger, Chariot will send both Members a message
via the App confirming such booking.

9. RIDE CONTRIBUTION

9.1 The Ride Contribution per Passenger
for a particular Ride will be one quarter of the genuine costs of the Driver
for the Ride calculated in accordance with a methodology determined by Chariot
from time to time.

9.2 If you are a Driver you
acknowledge that the Ride Contribution is intended to represent a genuine
cost-sharing arrangement and accordingly, you must immediately notify Chariot
if you reasonably believe that the Ride Contribution for a particular Ride does
not represent one quarter of the genuine cost to you of that Ride.

9.3 The Ride Contribution
is calculated as one quarter of the genuine costs of the Ride on the basis that
up to four people may be present in a vehicle (that is, one Driver and up to
three Passengers). In the event that less than four people are present for a
Ride, the Ride Contribution will not increase.

9.4 Any taxes, tolls,
parking charges, fines or other costs in respect of a Ride are for the sole
account of the Driver.

10. APPOINTMENT OF CHARIOT
AS LIMITED PAYMENT COLLECTION AGENT

10.1 Each Driver hereby
appoints Chariot as the Driver’s limited payment collection agent solely for
the purpose of accepting the Ride Contribution from Passengers.

10.2 Each Driver agrees that
payment made by a Passenger through Chariot will be considered the same as a
payment made directly to the Driver, and the Driver will make the Ride
available to the Passenger in the agreed-upon manner as if the Driver has
received the Ride Contribution. Each Driver agrees that Chariot may, in accordance
with these Terms, permit the Passenger to cancel the booking.

10.3 Each Driver understands
that Chariot accepts payments from Passengers as the Driver’s limited payment
collection agent and that Chariot’s obligation to pay the Driver is subject to,
and conditional upon, successful receipt of the associated payments from
Passengers. Chariot does not guarantee payments to Drivers for amounts that
have not been successfully received by Chariot from Passengers. In accepting
appointment as the limited payment collection agent of the Driver, Chariot
assumes no liability for any acts or omissions of the Driver.

10.4 Payment of the Ride
Contribution to the Driver will occur within 14 days of receipt of such amount from
the relevant Passenger (except to the extent that a refund may be due to the
Passenger). The payment will be made by direct credit to a New Zealand bank
account nominated by the Driver.

10.5 If you owe any amount
to Chariot (whether as a result of your bookings or actions as a Passenger or
otherwise), then Chariot may (but is not obliged to) withhold the amount owing
to Chariot from any payout amounts due to you (whether as a Driver or
otherwise), and use the withheld amount to set-off the amount owed by you to
Chariot. If Chariot does so, then your obligation to pay Chariot will be
satisfied to the extent of the amount withheld by Chariot, and Chariot will
cease to owe to you any obligations (including, but not limited to, any
obligation to pay you) with respect to the amount withheld.

10.6 In addition to the
amount due, if your account is in debit for any reason, you may be charged fees
that are incidental to our collection of these debit amounts. Such fees or
charges may include collection fees, convenience fees, or other third party
charges.

11. BOOKING AND FINANCIAL
TERMS FOR PASSENGERS

11.1 The Drivers, not
Chariot, are solely responsible for honouring any confirmed bookings and making
available any Ride reserved through the App. If you, as a Passenger, choose to
enter into a transaction with a Driver for the booking of a Ride, you agree and
understand that you will be entering into an agreement with the Driver. You
acknowledge and agree that you, and not Chariot, will be responsible for
performing the obligations of any such agreements, that Chariot is not a party
to such agreements, and that, with the exception of its payment obligations
hereunder, Chariot disclaims all liability arising from or related to any such
agreements.

11.2 You acknowledge and
agree that, notwithstanding the fact that Chariot is not a party to the agreement
between you and the Driver, Chariot acts as the Driver’s payment collection
agent for the limited purpose of accepting payments from you on behalf of the
Driver. Upon your payment of the Total Fees Contribution to Chariot, your
payment obligation to the Driver for the Ride Contribution is extinguished, and
Chariot is responsible for remitting the Ride Contribution, in the manner
described in these Terms. In the event that Chariot does not remit any such
amounts as described in these Terms, the Driver will have recourse only against
Chariot.

12. CANCELLATIONS

12.1 As a Passenger, no fee
will be payable by you if:

(a) you cancel your Ride
request before the requested Ride is confirmed by a Driver; or

(b) a Driver cancels a
confirmed Ride booking.

12.2 If, as a Passenger, you
wish to cancel a confirmed booking within four hours of the time a Ride is
scheduled to commence or you are not present at the Ride pick up location at
the scheduled pick up time then we may charge you a cancellation fee equal to
50% of the Service Fees for that Ride.

12.3 If, as a Passenger, you
wish to cancel a confirmed booking more than four hours before the time a Ride
is scheduled to commence then we may charge you a processing fee equal to 32%
of the Service Fees for that Ride.

12.4 If, as a Driver, you
cancel a confirmed booking within four hours of the time a Ride is scheduled to
commence or you are not present at the Ride pick up location at the scheduled
pick up time then you agree that Chariot may apply penalties or consequences to
you or your future Ride listings, including:

(a) publishing an automated
review on your listing indicating that a reservation was cancelled or that you
were a no-show; and

(b) imposing a cancellation
fee equal to up to 50% of the Service Fee to cover our costs (to be withheld
from your future payouts or charged to the credit card on file in your Chariot
account).

12.5 In certain
circumstances, Chariot may decide, in its sole discretion, that it is necessary
or desirable to cancel a confirmed booking, in which case Chariot may decide
not to charge any fee.

12.6 If, as a Driver, your
Passenger cancels a confirmed booking or Chariot decides that it is necessary
to cancel a confirmed booking, you will not be entitled to payment in respect
of that booking.

12.7 If for any reason you
wish to dispute any fee, you must notify us as soon as possible by contacting
us on: support@chariot.co.nz

12.8 You understand and
agree that Chariot, on behalf of the Driver, reserves the right, in its sole
discretion, to

(a) obtain a
pre-authorisation via your credit card for the Total Contribution or any part
thereof; or

(b) charge your credit card
a nominal amount, not to exceed one dollar ($1) to verify your credit card.

12.9 Please note that
Chariot cannot control any fees that may be charged to a Passenger by his or
her bank or credit card company related to Chariot’s collection of the Total Contribution,
and Chariot disclaims all liability in this regard.

12.10 You agree to pay
Chariot for any confirmed bookings made in connection with your Chariot account
in accordance with these Terms by one of the methods described in the App. You
hereby authorise the collection of such amounts by charging the credit card
provided as part of your Membership registration, either directly by Chariot or
indirectly, via a third-party online payment processor or by one of the payment
methods described in the App.

12.11 If you are directed to
Chariot’s third-party payment processor(s), you may be subject to terms and
conditions governing use of that third party’s service and that third party’s
personal information collection practices. Please review such terms and
conditions and privacy policy before using the services
.

13. WHAT YOU MUST NOT DO

13.1 You agree that when you
use the App you will comply with all applicable New Zealand laws and these
Terms. In particular, but without limitation, you agree not to:

(a) use the App for any
unlawful or fraudulent purpose, including to represent yourself as or
impersonate a Member, if you are not one;

(b) take any action that
could interfere with the normal operation of the App or any Chariot activity;

(c) offer, as a Driver, a
Ride in a vehicle that you do not yourself own or have permission to drive
(without limiting the foregoing, you will not list a Ride as a Driver if you
are serving in the capacity of a taxi driver or similar);

(d) unless Chariot
explicitly permits otherwise, request or book a Ride if you will not actually
be the person sharing the Ride yourself;

(e) impersonate any person
or entity, or falsify or otherwise misrepresent yourself or your affiliation
with any person or entity;

(f) use automated scripts
to collect information from or otherwise interact with the App;

(g) use the App to find a
Driver or Passenger and then complete a booking of a Ride independent of the
App, in order to circumvent the obligation to pay any Service Fees related to
Chariot’s provision of the Services or for any other reasons;

(h) as a Driver, list a
Ride with false or misleading information, or list a Ride that you do not
intend to honour;

(i) accept or make a
payment for a Ride outside of Chariot. If you do so, you acknowledge and agree
that you:

(i)would be in breach of
these Terms;

(ii)accept all risks and
responsibility for such payment, and

(iii)hold Chariot harmless
from any liability for such payment;

(j) provide to Members any
extra services not covered under this Agreement;

(k) share Rides with anyone
under the age of 18 years except for your relatives;

(l) use a vehicle other
than your approved Vehicle to provide a Ride;

(m) use the App while
driving otherwise than in accordance with law;

(n) provide inaccurate,
defamatory or offensive feedback;

(o) stalk or harass any
person through the App or the Services;

(p) use any information
available through the App that could compromise the enjoyment of use or
security of any third party;

(q) access data of which
you are not an intended recipient or log into a server or account on a network
related to the App that you are not expressly authorised to access;

(r) infringe any third
party intellectual property rights;

(s) allow any other person
to use your account;

(t) make or distribute
copies of the App;

(u) attempt to copy,
reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer,
exchange or translate the App;

(v) create derivative works
based upon the App of any kind whatsoever or any software or programming
related thereto;

(w) use the App for any
commercial or competitive advantage, any illegal, defamatory or objectionable
purpose, or any purpose which could bring the reputation of Chariot into
disrepute; or

(x) allow any third party
to do any of these things.

14. PRIVACY

14.1 You agree that
Chariot’s Privacy Policy (as may be updated from time to time) governs
Chariot’s collection and use of your personal information. Chariot’s Privacy
Policy is available here.

15. SUSPENSION AND
CANCELLATION OF MEMBERSHIP

15.1 We may, in our discretion
and without liability to you, with or without cause, with or without prior
notice and at any time, decide to limit, suspend, deactivate or cancel your
Chariot Membership. If we exercise our discretion under these Terms to do so,
any or all of the following can occur with or without prior notice or
explanation to you:

(a) all rights and licences
granted to you in respect of the App will cease, and you must immediately stop
using the App;

(b) any pending or accepted
future bookings as either Driver or Passenger will be immediately terminated,

(c) we may communicate to
your Passengers or Drivers that a potential or confirmed booking has been
cancelled,

(d) you will not be
entitled to any compensation for reservations or bookings (even if confirmed)
that were cancelled as a result of a suspension, deactivation or termination of
your Chariot Membership.

15.2 You may cancel your Chariot Membership at any time by emailing
support@chariot.co.nz
and removing the App from your Device. If you wish to
restart your membership you will have to re-register as a Member, Passenger
and/or Driver in accordance with these Terms.

16. SYSTEM REQUIREMENTS

16.1 In order to use the App
you must have an iPhone 4 or higher using iOS7, or an Android phone using
Android 2.3 or higher, and an internet data connection with location services
activated. The App may function on mobile devices with other specifications,
but we cannot guarantee that it will operate correctly on your device.

16.2 You may at times be
required to download any updates to or new versions of the App when these are
made available to continue using the App.

17. AVAILABILITY OF APP

17.1 The App is intended to
be available for use at all times, but:

(a) Passengers will not have
access to all of the functions of the App;

(b) the App may only be
available in certain areas, which we will decide in our sole discretion;

(c) from time to time, we
may change the availability of the App, or functions within it, without telling
you, including for maintenance, operational and technical reasons; and

(d) given it is provided
over the internet, GPS and mobile networks, you acknowledge that the quality
and availability of the App may be affected by factors outside our reasonable
control.

17.2 Chariot is not liable
for:

(a) any error or
non-performance of the App arising from your use of the App;

(b) any error in the
performance of the App arising from a failure in the data connection;

(c) a malfunction;

(d) any harm that may be
caused by the transmission of a computer virus, worm, time bomb, logic bomb or
other such computer program;

(e) any unavailability of
the App (or parts of it);

(f) any difficulty or
inability to download or access content; or

(g) any other communication
system failure.

18. INTELLECTUAL PROPERTY

18.1 By downloading the App
and registering as a Member you are being granted a non-exclusive,
non-transferable, royalty-free, revocable licence to use the App for your
personal use in accordance with these Terms.

18.2 We are offering you
this App to use for your own personal use without cost, but you should be aware
that you cannot send the App to anyone else, and you are not allowed to copy,
or modify the App, any part of the App, or our trademarks in any way. You are
not allowed to attempt to extract the source code of the App, and you also
should not try to translate the App into other languages, or make derivative
versions. The App itself, and all the trade marks, copyright, database rights
and other intellectual property rights related to it, remain the property of
Chariot at all times.

18.3 If you add any content
or images to the App, you agree that:

(a) you own the
content/image or you have the legal right to use the content/image;

(b) use of the
content/image will not breach any person’s intellectual property rights;

(c) you will not add anything
that we might consider offensive, harmful, inaccurate or inappropriate; and

(d) to the best of your
knowledge, the content/image does not contain any viruses.

18.4 By adding content or
images to the App, you grant us a non-exclusive, transferable, royalty-free,
perpetual, worldwide and irrevocable license to use the content/image for any
purpose in connection with Chariot.

18.5 We have sole discretion
to remove or alter any content or images that we consider offensive, harmful,
inaccurate or inappropriate. If we suspect you have breached this clause, we
may immediately terminate your account or take any other action necessary or
desirable to address any breach.

18.6 You indemnify us for
any loss we incur as a result of your breach of this clause 18 .

19. DISCLAIMERS

19.1 By using the App you
agree that any legal remedy or liability that you seek to obtain for actions or
omissions of other Members or other third parties will be limited to a claim
against the particular Members or other third parties who caused you harm. This
includes any loss or damage to you, your vehicle, or to anyone else that occurs
in connection with a Ride. You agree not to attempt to impose liability on or
seek any legal remedy from Chariot with respect to such actions or omissions.
Accordingly, we encourage you to communicate directly with other Members on the
App regarding any bookings or Ride listings made by you. This limitation shall
not apply to any claim by a Driver against Chariot regarding the remittance of
payments received from a Passenger by Chariot on behalf of a Driver, which
instead shall be subject to the limitations described in the section below
entitled “Limitation of Liability”.

19.2 If you choose to use
the App, you do so at your sole risk. You acknowledge and agree that Chariot
does not have an obligation to conduct background or Police checks on any
Member, but may conduct such background or Police checks in its sole
discretion.

19.3 You understand that
Chariot does not make any attempt to verify the statements of Members on the
App or to review or inspect any vehicle or Driver.

19.4 You agree to take
reasonable precautions in all communications and interactions with other
Members of the App and in deciding whether to enter a vehicle. Chariot
explicitly disclaims all liability for any act or omission of any Driver or
Passenger or other third party.

19.5 Drivers are not
employees of, or contractors to, Chariot. Drivers do not provide any services
to us, and nothing in these terms or the App will constitute any trust, joint
venture, partnership, agency or arrangement between any Driver(s) and Chariot.

20. LINKS TO OTHER WEBSITES

20.1 From time to time, the
App may contain links to websites, or the contact information of other persons.
These links are provided for convenience only, and do not represent any
endorsement by Chariot or any other person of the products or services offered
by the site owner or other person.

20.2 We accept no responsibility
for adverts contained within the App. If you agree to purchase goods and/or
services from any third party who advertises in the App, you do so at your own
risk. The advertiser, not Chariot, is responsible for such goods and/or
services and if you have any queries or complaints in relation to them, your
only recourse is against the advertiser.

21. COMPETITIONS

21.1 If you take part in any
competition which is run in or through the App, you agree to be bound by the
rules of that competition and any other rules specified by Chariot from time to
time and by the decisions of Chariot, which are final in all matters relating
to the competition. Chariot reserves the right to disqualify any entrant and/or
winner in its absolute discretion without notice in accordance with the
competition rules.

22. LIMITATION OF LIABILITY

22.1 In relation to the App
we will not be liable for any losses, costs, expenses or liabilities of
whatever nature and howsoever arising, unless they arise as a direct result of:

(a) any material breach of
these Terms by us; or

(b) any gross negligence,
wilful default, fraud, or dishonesty on our part.

22.2 You are solely liable
for all activity that takes place on the App in your name, even if you comply
with these Terms and do not participate in or condone the activity.

22.3 You are liable for any
costs charged by your internet service provider, including any data connection
costs charged in connection with your download or use of the App.

22.4 You are solely
responsible for ensuring that the information you provide to us when setting
up, amending, accepting or completing Rides is accurate. We accept no liability
for the accuracy of the information you or any other Member supplies to us when
setting up, amending, accepting or completing Rides.

22.5 Neither of us will be
liable to the other for any indirect or consequential loss or damage arising
out of you using or accessing the App. Subject to this, you indemnify and will
keep indemnified Chariot against all loss or damage suffered or incurred by
Chariot arising in connection with your use of the App, any breach of these
Terms or otherwise.

22.6 Except for our
obligations to pay any amount to applicable Drivers under these Terms,
Chariot’s maximum aggregate liability for any loss or damage suffered or incurred
by you arising in connection with your use of the App or otherwise will be
$100.

22.7 Chariot gives no
warranties as to the performance, reliability or availability of the App at any
time. To the fullest extent permitted at law, the App is provided without
warranty of any kind.

23. REPORTING MISCONDUCT

23.1 If you share a Ride
anyone who you feel is acting or has acted inappropriately, including but not
limited to anyone who:

(a) appears to be driving
under the influence of alcohol or drugs;

(b) appears in any way to
be unfit to drive;

(c) engages in offensive,
violent or sexually inappropriate behaviour; or

(d) engages in any other
disturbing conduct,

you should immediately report that person to the appropriate
authorities and then to Chariot by contacting us on support@chariot.co.nz or +64 20 4088 8592 with your police report number
(where applicable) provided that your report will not obligate us to take any
action beyond that required by law (if any) or cause us to incur any liability
to you.

24. COMPLAINTS

24.1 As a Passenger, in the
event that you have any complaint or issue with a Ride such that you wish to
seek a refund from the Driver for that Ride you must immediately contact us on
support@chariot.co.nz or 020 4088 8592. We may attempt to help you and the
relevant Driver resolve the issue.

24.2 You will only be
entitled to a refund of the Service Fees if there is a fault with the App and
we are required by law to provide a refund. Recovery of any Ride Contribution
already paid to a Driver in respect of a Ride is a matter for the Passenger and
Driver personally.

24.3 If you have any
comments or complaints about the App itself, or about any action by us, please
contact us on support@chariot.co.nz or 020 4088 8592.

25. UPDATES

25.1 We may make changes to
these Terms from time to time – the updated Terms will apply from the time that
they are made available to you via the App. If you do not agree to any change
we make, you must stop using the App and the Website immediately.

26. GENERAL TERMS

26.1 If at any time any
provision of these terms is or becomes invalid or unenforceable in any respect,
that provision will be read down to become valid and enforceable or, if that is
not possible, deleted. The other terms will continue to apply with full effect.

26.2 These terms supersede
all previous understanding, agreements and representations whatsoever and
constitute the entire agreement between the parties relating to the subject
matter of these terms, except where these terms expressly provide otherwise.

26.3 New Zealand law governs
the App, the Website and these terms. New Zealand courts have exclusive
jurisdiction.