In these terms “Website” refers to the websites at discount.taxis.co.nz operated by Discount Taxis Limited NZCN 444129 separately and together referred to as we or us) and “you” means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained or referred to in this document (known collectively as the Website Terms).
These Website Terms apply to and govern your use of the Website. Your use and/or continued access to the Website constitute your agreement to the Website Terms. If you do not agree to these Website Terms, you must not use or access the Website.
We reserve the right to amend, update or replace the Website Terms at any time. The amended Website Terms will be effective immediately upon being posted to the Website. Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the Website Terms. Without limiting our other termination rights, if you breach any of the Website Terms we may terminate your right to use and access the Website.
3 Intellectual property rights
We or our related companies (or their licensors) own the intellectual property rights (including copyright and trademarks (whether registered or unregistered)) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property belong to us, our related companies or our licensors.
All materials displayed on the Website, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials (Content) are our property or the property of our related companies or their suppliers and/or licensors unless indicated otherwise on the Website, and are protected by copyright, trademark and other intellectual property laws (as applicable).
If the Website expressly permits you to download Content that such Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trademark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe our intellectual property or the intellectual property of our related companies or their suppliers and/or licensors.
Except as expressly provided above, nothing contained in the Website Terms will grant, or is intended to be construed as conferring, any license or right in, or an assignment of all or part of, any intellectual property rights in the Content, without the express written agreement of the relevant owner of the intellectual property rights.
As our Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of the transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted and your use of the Website is at your own risk.
You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the avoidance of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system or mobile device which arises in connection with your use of our Website or any linked Website.
While we endeavor to take reasonable care in preparing and maintaining the information on the Website, we make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content.
The Content may contain inaccuracies or typographical errors. We may change the Website or Content or limit or terminate your access to the Website or Content at any time without notice. The Website may not be up to date or accurate at the time you view it.
7 Exclusions and limitations
We do not exclude or limit any statutory or implied guarantee, condition or warranty which we are prohibited by law from excluding or limiting (but only to that extent). Subject to the above and to the maximum extent permitted by applicable law:
- all statutory or implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed and excluded;
- we do not give any warranty or make any representation:
- that your access to the Website will be uninterrupted or that the Website will operate error-free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
- that we will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website by any unauthorized person, or that it will give notice of such use, modification or alteration; or
- about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website, the Content and the information on it is at your own risk;
- the Website and its Contents are provided on an “as is” basis without any warranties of any kind, and
- we make no representation that the Contents of the Website comply with the laws of any country outside New Zealand. If you access the Website from outside New Zealand, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
8 Limitation of liability
For the avoidance of doubt, any liability related to any Services (as defined above) used or accessed will be determined in accordance with the paragraph headed Exclusions and limitations of liability relating to Services above and not under the terms of this clause 8.
To the extent permitted by law and without limiting any non-excludable consumer rights you may have (including those under the Consumer Guarantees Act), we will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.
To the maximum extent permitted by applicable law, our liability (if any), and the liability of our related companies and their respective directors, employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded but can be limited is limited at our option to the following:
In the case of services:
- The supply of the services again; or
- The payment of the cost of having services supplied against; and
In the case of goods:
- The replacement of the goods or the supply of equivalent goods;
- The repair of such goods;
- The payment of the cost of replacing the goods or acquiring equivalent goods; or
- The payment of the cost of having the goods repaired.
Subject to these Website Terms and to the maximum extent permitted by law we assume no liability or responsibility for any errors, omissions, mistakes, or inaccuracies in any Content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our Website, any bugs, viruses, Trojan horses, or any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website.
You indemnify us against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) and third-party claims incurred by us in connection with or arising, whether directly or indirectly, as a result of your breach of these Website Terms, your use or access of the Website or any violation of any applicable law.
10 Compliance with all applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.
The Website may contain hyperlinks and other pointers to internet Websites operated, controlled or produced by third parties (Linked Websites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Website or any hyperlink contained in a Linked Website. The links (if any) are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by us or our related companies for the Linked Website or the products or services provided at those sites. You access any such Linked Website entirely at your own risk.
We exercise no control over the quality, safety or legality of the products or services advertised or sold and a statement made through any Linked Sites. The material on any Linked Website, including product or service information and prices, are the responsibility of the operator of the Linked Website. Any purchases or dealings you have with a Linked Website are done at your own risk. Neither we nor our related companies are a party to any transaction between you and a Linked Website. Subject to these Website Terms and to the maximum extent permitted by law we are not liable for any loss or damage caused by the Website or any Website operated, controlled or produced by third parties linked to or from the Website.
Any material that you send to use on or via the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We and our related companies will be entitled to use any or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialization, product development, publication, broadcast, and posting.
13 Interference with the Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or Content displayed on the Website.
The Website Terms are effective until terminated or replaced by us. In addition to any other termination of rights set out in these Website Terms, we may terminate this agreement and/or your access to this Website in its absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorized to access or use the Website. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Website Terms, will survive the termination of these Website Terms and will continue in full force and effect.
15 Governing law and disputes
The Website Terms shall be governed by and construed in accordance with the laws of New Zealand.
By using the Website, you agree that any dispute arising in connection with these Terms, or your use of the Website, will be resolved in accordance with the law applying in New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand.
If any provision of the Website Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Website Terms which will continue in full force and effect. All rights not expressly granted are reserved.
Within this policy, references to “you” and “your” means you as the user on our website and “we”, “our”, “us” and “Discount Taxis” refers to Discount Taxis Limited and related companies.
What Personal Information Do We Collect?
Within this policy ‘“personal information” means the same as it does within the Privacy Act 1993. In general terms, this includes any information that can be used to personally identify you. If the information we collect personally identifies you, or you are reasonably identifiable from it, then the information is considered personal information.
We may collect personal information from you, including information about your:
(b) contact information;
(c) location and travel information;
(d) computer or network;
(e) interactions with us;
(f) credit card details or billing information;
(g) appearance (for example, photographs of you from in-taxi cameras).
Why Do We Collect Personal Information?
We may collect your personal information in order to:
(a) perform our business activities;
(b) provide you with the services you’ve requested from us;
(c) communicate with you and process your requests;
(d) verify your identity and contact details;
(e) conduct competitions or promotions on behalf of Discount Taxis; and
(f) monitor the use of our website and services and the types of people who access them, for the purpose of improving our customer service and marketing.
What Happens If We Do Not Collect Personal Information?
Providing some information is optional. If you choose not to provide personal information we may be unable to provide certain information or services you have requested.
How Do We Collect Personal Information?
5. We do this in a variety of ways, including through:
(a) your access and use of our website and apps, including information relating to your use of the website (for example the date, time, duration and manner of your use of the site and information you type into our website or apps);
(b) interactions between you and our staff;
(c) when you order a taxi online, via our apps or by phone.
Who Do We Disclose Personal Information To?
We may disclose your personal information to our employees, for the various purposes noted above. Where Discount Taxis utilizes third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfill those services and only to the extent required to fulfill those services.
Beyond the above, we release personal information only when it is permitted under the Privacy Act or required by law for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, and/or to your Internet Service Provider or network administrator); to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Discount Taxis and our drivers, our users, or others, and where we reasonably believe that disclosure is necessary. Government agencies with statutory roles enabling them to request data from us include but are not restricted to the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorized access or modification. If you suspect any misuse or loss of, or unauthorized access to, your personal information, please let us know immediately.
How Can You Access or Correct Your Personal Information?
You have the right to ask for a copy of any personal information we may hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information or to have it corrected, please contact us through our website, or at [email], or by phone on 529-1000