Flex Terms of Use
The App: The Waikato Regional Council (or its contractor) (“WRC”, “we”, “us” or “our”) operate a demand-responsive public transport service (“Service”) via the “Flex” app and any web-based platform operated by WRC to offer the Service from time to time (“App”). Under the Service, on-demand travel is operated at certain times by WRC based on customer demand rather than a fixed route and timetable. The App allows users to use the Service by booking, specifying and paying for selected trips on public transport services operated by WRC and its contractors from time to time (“Purpose”).
WRC may reduce or expand the Service offerings and may also modify the functionality of the App in conjunction with the change in the Service offerings from time to time and in its sole discretion.
To use the Service: To use the Service, just download the App from either Google Play or the App Store and follow the steps to set up your account.
Your Acceptance: Your use of the App constitutes your acceptance of these Terms of Use, our Privacy Policy, and the Code of Conduct (including the CCTV Policy) (each of which is available from www.busit.co.nz/flex, and all of which form part of and are incorporated into these Terms of Use.
Please read our Terms of Use carefully.
YOUR ACCOUNT, TRIPS AND PAYMENT
1. Your Account
1.1 To use the Service, you must register for and maintain an account with us via the App (“Account”). As a registered Account holder, you warrant that all information provided to us is complete, accurate and not misleading, and that you will keep the information updated. You accept full responsibility for ensuring that your Account is current.
1.2 If registering a new Account for the use of the Service you are required to provide the information requested in the Account application form in the App, including:
(a) your contact details (including your full name, your email and phone number);
(b) a username and password to be associated with your new Account;
(c) the details of your method of payment (being a valid credit or debit card); and
(d) any further account information which may be required for your new Account,
(the “Account Information”).
1.3 You are not permitted to disclose your Account username and password to any third party and, if you do so (to the fullest extent permitted by law), you relieve WRC of any liability it may or may not have to you in respect of any breach of misuse of your confidential information through the use of your Account by any third party (including any liability for any activity on your Account).
1.4 You agree to notify WRC immediately upon becoming aware of any unauthorised use of your Account.
1.5 You agree to update your Account to reflect any changes in your details, name, contact number or payment details immediately upon the occurrence of such a change. You shall be exclusively responsible for the management, and control of your Account, including but not limited to:
(a) maintaining the confidentiality of your Account Information
(b) maintaining the validity of your method of payment; and
(c) ensuring that you follow the instructions for the correct and proper use of the App or the Service that are published or otherwise notified by WRC from time to time.
1.6 You must not modify or use the App or the Service in a manner which is illegal or interferes with the reasonable enjoyment or use of the App or Service and related services by any other party (including the driver and other passengers) . All transaction details and other details recorded as a result of your use of your Account will be recorded and retained by WRC and/or its suppliers.
2. Trip Fare
2.1 You will be charged a fare for each trip you book on the App. The fare will be the fare specified by WRC on the App for the travel route and time booked (“Fare”).
2.2 You acknowledge that the applicable Fare and any other amounts payable under these Terms of Use will be automatically deducted from your nominated credit or debit card by any party who initiates and completes a ride via the App with your Account.
2.3 WRC reserves the right to change or modify any Fare from time to time and to adjust any Fare recorded on the App if the Fare recorded is incorrect. All Fares are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax).
3. Booking a Trip
3.1 To book a trip on the App, you must make a request for a booking for a selected number of passengers, the desired pick up time and the desired pick-up and drop-off locations. The App will confirm the estimated time of pick-up and drop-off, the pick-up location and the Fare, and will ask you to confirm the booking. Once confirmed the booking is irrevocable and not refundable, except in accordance with our cancellation policy set out below.
3.2 Under no circumstances will WRC be liable for any loss or expense suffered as a result of late or delayed pick-up and drop-off.
3.3 You are solely responsible for ensuring the number of passengers, pick up time, pick up and drop off locations in your booking are correct and accurate. If you do not indicate the correct number of passengers at time of booking, we reserve the right to refuse to carry to any additional passengers. If you arrive at the pick-up location with fewer passengers than confirmed in your booking, you will be charged the full amount for the total number of passengers you booked. You are responsible for the conduct of your passengers and ensuring that they comply with these Terms of Use and the Code of Conduct.
3.4 You must make sure you and your passengers are at the pick-up location at least 2 minutes prior to departure. If we require you to walk to the pick-up location, it will be clearly indicated in the App.
3.5 We may substitute an alternative vehicle if deemed necessary at our discretion.
3.6 If you are not present at the designated pick-up time and location, you will be deemed to have cancelled the booking and the cancellation policy below will apply.
4. Changing a Trip
4.1 Once a booking is confirmed, you may not change or modify your trip. If you decide to get off at a drop-off location before you booked drop-off location, you will be charged the full Fare as specified in your booking.
5. Payment
5.1 You will provide a valid credit or debit card to be associated with your Account at all times as the “method of payment” for your Account. You warrant that the method of payment information that you provide will at all times be correct, valid, and current, and that you are authorised to provide that debit or credit card for payment of your Fares. Failure to maintain your method of payment details accurately via the App may result in WRC suspending your Account.
5.2 Once you confirm your booking on the App (and before your trip is complete), the Fare will be automatically charged to the credit or debit card that you have registered with your Account.
5.3 The Service does accept cash or other payment methods.
5.4 In the event that a payment is declined:
(a) Your booking will be declined; and
(b) Your Account will not be able to be used for the payment of a trip until your credit card or debit card balance is sufficient to pay the required amount.
5.5 All credit card and debit card payments are processed by a third party service provider, and not by WRC. Any processing fees will be included in the Fare.
5.6 The terms that govern the charging and processing of your credit and debit card payments (including any processing fees) are the terms of the third party service provider, which will constitute a binding contract between you and the third party service provider only. WRC will not be liable under any circumstances for any errors, omissions, losses or expenses suffered or incurred by you in connection with the processing of your credit card or debit card payments or your use of the third party service provider.
5.7 The App does not offer any discount for mobility-impaired customers.
6. Cancellation
6.1 You may cancel your booking at any time. However, if you cancel:
(a) within 90 seconds of confirming your booking, then you will be refunded the Fare (less any third party processing fees);
(b) 90 seconds after confirming your booking or later, do not show up at your designated pick-up time or location or are otherwise refused boarding under the Terms of Use or the Code of Conduct, then you will be charged the full Fare and will not be entitled to any refund.
6.2 If you repeatedly cancel or do not show up for bookings, WRC reserves the right to suspend your Account without notice. WRC, acting reasonably, reserves the right to refuse a refund of any Fare where special circumstances exist.
7. Terminating your Account
7.1 You can cancel your account at any time by deleting the App from your device. WRC may immediately terminate or suspend your account if you breach any term in these Terms of Use or Code of Conduct.
IP, END USER TERMS AND LIABILITY
8. Intellectual Property
8.1 You acknowledge and agree that:
(a) all intellectual property rights (whether registered or unregistered) in the content, layout, design, concept, graphic, software and organisation of the App, and all related graphics, logos, trade marks, product and service names (including “Flex”) (WRC’s IP) are owned or licensed by WRC;
(b) you will not do anything to, or which might, hinder, impede, invalidate or challenge WRC’s ownership of or entitlement to use or the registration of any part of WRC’s IP or which might diminish the value of WRC’s IP in the App; and
(c) any use of the App, including its content and other related services, other than as expressly permitted by these Terms of Use or by law, is strictly prohibited.
9. Your User License
9.1 WRC grants to you a non-exclusive, non-transferrable, revocable license to download the App and use the App for the Purpose, and no other purpose, in accordance with these Terms of Use.
9.2 You must not:
(a) copy, modify, reproduce, republish or post on any online platform WRC’s IP;
(b) adapt, communicate, transfer, sell or otherwise deal with WRC’s IP;
(c) attempt or decompile or reverse engineer any software contained in WRC’s IP;
(d) remove any copyright or other proprietary notations from WRC’s IP; or
(e) tamper with or commercially use WRC’s IP (including business names and domain names) appearing on the App or materials accessed via the App.
10. Your Obligations
10.1 You agree that:
(a) you will notify WRC of any errors, inaccuracies, bugs, viruses or defects affecting the operation of the App;
(b) you will immediately notify WRC if you become aware of any unauthorised access or use of your account;
(c) you will not use any data mining, robots, crawling, scraping, caching or similar data gathering or extraction methods in relation to the App;
(d) you will not register or attempt to register any third party on the App;
(e) you will not tamper with or introduce any bugs or Trojan horses into, or cause any security breaches to, the App; and
(f) you will not use the App for any purpose other than the Purpose.
10.2 You agree to indemnify, and hold harmless, WRC and its partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with any breach of or failure by you to comply with these Terms of Use.
10.3 You will be responsible for any damage incurred to the vehicles used in providing the Service caused by you or your passengers, and the costs of such damage will calculated by us and charged to the credit or debit card linked to your Account. Any additional cleaning required for such vehicles caused by you or your passengers will incur a minimum $100.00 cleaning fee and will be charged to the credit or debit card linked to your Account.
11. Disclaimer
11.1 The App is provided to you on an 'as is' and ‘as available’ basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, WRC makes no representation and provide no express or implied warranty or guarantee in relation to the App, the security of the App, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware used with the App) or that access to the App will be uninterrupted or continuous.
11.2 While reasonable care is taken in its preparation, to the extent permitted by law, WRC does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the App (including any errors in or omissions from the content of the App), or of any materials, information, products or services promoted or accessed via the App.
11.3 You also acknowledge and agree that internet transmissions are never entirely secure or private and that any message or information you provide through the App may be read or intercepted by others. WRC will not be liable for any interception, 'hacking' or other unauthorised access of information through the App by unauthorised third parties.
12. Limitation of Liability
12.1 The liability of WRC (and any other party involved providing the Services or in creating, producing or delivering the App), whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising out of or in connection to your access, use of or inability to use the Services, the App, or any errors or omissions in provision of the Services or the content the App, is excluded to the fullest extent permitted by law and is limited to any Fare paid.
12.2 For the avoidance of doubt, nothing in these Terms of Use limits or excludes your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
12.3 WRC will not be liable for any non-performance, error, interruption, or delay in the performance of its obligations under these Terms of Use or in the availability or performance of the App or the Service, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of WRC, including (without limitation):
(a) failure of any contractor;
(b) pandemic or any other infectious disease;
(c) flood, lightening, acts of God, fire, earthquakes, and other natural disasters;
(d) judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;
(e) failure of any electricity or telecommunications service (including the internet);
(f) failure of any equipment, software, computer hardware, or system required for the operation of the App where the maintenance and repair of that item is the responsibility of a third party;
(g) the acts or omissions of any party for whom WRC is not responsible.
13. End-User Terms Required by Apple
13.1 If the App is an iPhone application, then you acknowledge and agree that:
(a) these Terms of Use are between you and WRC, and not Apple, Inc. (Apple);
(b) WRC, and not Apple, is solely responsible for the App and Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App;
(c) subject to the consumer guarantees provided for in consumer protection legislation, Apple will have no warranty obligation whatsoever with respect to the App;
(d) Apple is not responsible for any claims that you have arising out of your use of the App;
(e) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third party claim that the App infringes third party intellectual property rights;
(f) you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and
(g) Apple and its subsidiaries are third party beneficiaries of these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.
14. GENERAL
14.1 Links
WRC has not reviewed all of the website links contained in the App and is not responsible for the contents of any such linked site, other than a site operated by WRC. The inclusion of a link does not imply endorsement by WRC of the site and use of any such link is at your own risk.
14.2 Assignment
You may not assign or novate your rights or obligations under these Terms of Use to any person with the consent of WRC. WRC may assign or novate its rights or obligations under these Terms of Use to any person with your consent.
14.3 Changes to Functionality of the App and Terms of Use
(a) We may change the content and functionality of the App at any time by way of a software update.
(b) We may also change these Terms of Use at any time. We will notify you if we do change our Terms of Use by posting the revised Terms of Use on the App. The updated Terms of Use will take effect on the date it is posted.
(c) If you do not accept the software update, you will not be able to use the new or improved content and features in the updated App.
(d) If you don’t agree with the changes to the Terms of Use, then you should immediately delete the App from your device.
(e) If you continue to use the App after the updated Terms of Use come into effect, then you consent to the updated Terms of Use. We encourage you to review our Terms of Use periodically for any changes.
14.4 Governing Law
These Terms of Use are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
14.5 Questions and complaints
Please contact us on 0800 205 305 or busit@waikatoregion.govt.nz if you have any comments, questions or complaints about the App or these Terms of Use.