Introduction
These terms and conditions (hereinafter "Terms" or "User Agreement") along with all policies posted on our website Triptap.co.nz (hereinafter referred to as "Websites" or the "Site") set out the terms on which we offer users access to and use of our sites, services, applications, and tools. By accessing, browsing, and using the Site, including availing services mentioned therein, you agree to these terms. If you continue using services from the Site after any change in the User Agreement, this will be considered acknowledgement and agreement of the changed or modified User Agreement. Periodically visit this User Agreement to review the most current terms and conditions. If you do not agree to these terms and conditions, please do not use this Website.
About Us
Access
Prohibited Activities
In connection with using or accessing the services, you will not:
- Legal Compliance: Breach or circumvent any laws, third-party rights, or our systems, policies, or determinations of your account status.
- Eligibility: Use our services only if you are able to form legally binding contracts (generally if you are not under 18) or are not temporarily or indefinitely suspended from using our Site.
- Account Transfer: Transfer your Triptap account and user ID to another party without our consent.
- Malicious Activities: Distribute viruses or other technologies that may harm us or the interests or property of users.
- Intellectual Property Infringement: Reproduce, perform, display, distribute, or prepare derivative works from content belonging to or licensed to us or third parties, except with prior express permission.
- Commercial Use: Commercialize any of our applications or any information or software associated with such applications.
- Data Harvesting: Harvest or collect information about users without their consent.
- Circumvent Measures: Circumvent any technical measures we use to provide the services.
Abuse of Triptap Account
Refund Policy
Triptap aims to provide satisfaction with its services at reasonable rates.
Refund requests should be reviewed according to the master service agreement. The decision on refund requests is final and binding, considering factors beyond control like holidays, government delays, natural disasters, etc. Refunds are offered under specific conditions, such as non-use of services for more than a day, and only once per user account. Generally, payments made are non-refundable.
Authorization to Contact and Recording Calls
Users consent to receive calls and text messages for account notifications, troubleshooting, debt collection, surveys, promotions, and other necessary communications. Triptap may share your phone numbers with service providers for authorized purposes only, and may monitor or record calls for quality control or protection purposes.
Termination
If dissatisfied with any service, policy, or content, users must discontinue accessing the Site. The Company can terminate or suspend access to the Site without notice for conduct violations or harmful behaviour. The Company can discontinue the Site and terminate the Agreement at any time without notice.
Disclaimer of Warranty and Limitation of Liability
The Company is not responsible for the content on the Site and makes no representations about its suitability, accuracy, or reliability. All content and functionality are provided "as is" without warranties, either express or implied. Users use the Site at their own risk; the Company does not warrant uninterrupted or error-free service. The Company is not liable for any indirect, incidental, consequential, or punitive damages, or lost revenues or profits. The Company is not liable for any damages resulting from use of the Site, including data loss, computer failure, or other issues.
Indemnity
Users agree to indemnify, defend, and hold the Company harmless from any loss, cost, damages, liability, or expense arising from third-party claims, fraud, or other breaches of the Agreement.
No Agency or Partnership
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement. The parties are independent contractors.
Third-Party Websites
The Company may provide links to third-party websites but is not responsible for their content or availability. Third-party websites are governed by their own terms of use and privacy policies.
General
By using the Site and its services, you agree to comply with the terms of this User Agreement and applicable laws. You must not copy, reproduce, sell, or trade any resources or material from the Site without permission. To register, you need to provide accurate personal information and are responsible for any false information. You must be authorized to use the payment methods provided on the Site. Unauthorized use may result in legal action. Activities that disrupt or interfere with our services, including hacking, are prohibited and may lead to legal action.
Severability
If the Company prevails in any legal action to enforce this Agreement, it will be entitled to costs and attorney fees. If any part of this Agreement is found unenforceable, it will be limited to the minimum extent necessary, and the rest of the Agreement will remain in effect. This Agreement represents the entire understanding between the parties and cancels any prior agreements. The Company may modify the terms by posting notice on the Site. Users are bound by these revisions and should review the terms periodically.
Governing Law
These Terms and Conditions, and any disputes or claims arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of New Zealand.
Triptap complies with all applicable New Zealand laws and regulations, including but not limited to:
- Fair Trading Act 1986: Ensuring accurate representation of services and preventing misleading or deceptive conduct.
- Privacy Act 2020: Regulating the collection, storage, and use of personal information in compliance with privacy standards.
- Land Transport Act 1998: Ensuring all drivers and vehicles meet legal requirements for safety and licensing.
- Small Passenger Service Operators (SPSO) Rules: Maintaining compliance with safety and operational requirements specific to ride share services.
- Income Tax Act 2007 and GST Regulations: Complying with New Zealand tax laws for business operations and driver earnings.
Any disputes arising from these Terms and Conditions or your use of the Triptap platform shall be resolved in accordance with New Zealand law and subject to the mediator or exclusive jurisdiction of the New Zealand courts.