Terms of Use

Your Drive Limited

Last updated 12 October 2017

  1. Introduction and application
    1. Your Drive Limited (Yourdrive, we, us or our) provides an online Vehicle rental website service that facilitates the rental of a Vehicle by its Owner to Yourdrive and from Yourdrive to a Renter, and related services (Yourdrive Service).
    2. These terms and conditions (Terms) apply to any use of yourdrive.co.nz and the Yourdrive Service (irrespective of whether you have registered as a Registered User) and set out our, and your, rights and obligations. By accessing and browsing yourdrive.co.nz you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, you cannot use yourdrive.co.nz or the Yourdrive Service.
    3. Yourdrive Owner Terms and Conditions set out the terms and conditions that apply to the registration and rental of a Registered Vehicle from an Owner to Yourdrive in accordance with a Booking.
    4. Yourdrive Renter Terms and Conditions set out the terms and conditions that apply to the rental of a Registered Vehicle from Yourdrive to a Renter in accordance with a Booking.
    5. We may change these Terms at any time and we will provide you with notice of the change by updating these Terms on yourdrive.co.nz and/or (if you are a Registered User) sending you an email. Your use of yourdrive.co.nz after that notice means that you accept the updated terms.
  2. Definitions and interpretation
    1. In these Terms, unless the context indicates otherwise:
      • Booking means a booking for a Rental where a Booking Request has been passed on by us to the Owner, accepted by the Owner and then confirmed by us following payment to us of the applicable Rental Price for the Rental Period by the Renter (and Booked has a corresponding meaning);
      • Booking Request means a request made through the Yourdrive Service for the rental of a Registered Vehicle by a Renter for a specified period;
      • Business Day means any day excluding Saturdays, Sundays and national statutory public holidays in New Zealand;
      • Feedback means feedback provided by a Registered User about his or her dealings with another Registered User, and/or about a Registered Vehicle, in relation to a Booking;
      • GST means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing from time to time, including any tax levied in substitution for that tax;
      • Intellectual Property means trade marks, rights in domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases and lists, rights in inventions, confidential information, know-how and trade secrets, operating manuals, quality manuals and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers and benefits in respect of the same;
      • NZTA means the New Zealand Transport Agency and its successors;
      • Owner means a Registered User who has a Registered Vehicle listed as available for rent on his or her Profile;
      • Profile means a Registered User's profile on yourdrive.co.nz showing information about the Registered User and any Registered Vehicles of that Registered User, as provided by the Registered User or through Feedback;
      • Registered User means a person who has registered for and been accepted as a registered user of the Yourdrive Service in accordance with clause 4;
      • Registered Vehicle means a vehicle that has been registered in accordance with clause 18 and includes tyres, tools, accessories and other equipment, documents or additional items (such as roof racks) related to that vehicle;
      • Rental means the rental of a Registered Vehicle from an Owner to Yourdrive and, simultaneously, from Yourdrive to a Renter in accordance with these Terms;
      • Renter means a Registered User that has a Booking for a Registered Vehicle;
      • User Content means any content uploaded to yourdrive.co.nz by a Registered User; and
      • you means any individual who accesses or uses yourdrive.co.nz and, where an individual accesses on behalf of an organisation, that organisation (and your and yourself have corresponding meanings).
    2. Interpretation: In these Terms, unless the context indicates otherwise:
      1. Defined Expressions: expressions defined in the main body of these Terms have the defined meaning throughout these Terms;
      2. Headings: clause and other headings are for ease of reference only and will not affect the interpretation of these Terms;
      3. Parties: references to any party include that party's successors and permitted assigns;
      4. Persons: references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
      5. Plural and Singular: references to the singular include the plural and vice versa;
      6. Clauses/Schedules: references to clauses and schedules are to clauses in, and the schedules to, these Terms. Each such schedule forms part of these Terms;
      7. Statutory Provisions: references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by-law, regulation, order, statutory instrument, determination or subordinate legislation made under it;
      8. Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;
      9. Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words "without limitation";
      10. Monetary Amounts: all monetary amounts are stated inclusive of GST and in New Zealand currency, and all amounts payable by a party under these Terms are to be paid in that currency. GST is payable at the same time and in the same manner as is any other amount payable under these Terms, where that amount is subject to GST under the Goods and Services Tax Act 1985;
      11. Documents: references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
      12. Notices: references to one party notifying another, or agreeing or objecting to any matter means such party notifying, agreeing or objecting in writing.
  3. Intellectual Property and Use of the Site
    1. All Intellectual Property in yourdrive.co.nz and the Yourdrive Service, except User Content is owned by us, our related or associated companies or our suppliers or licensors. You cannot use any of our Intellectual Property without our written permission.
    2. You warrant that you own, or that you are authorised to use and upload, all relevant Intellectual Property rights in any User Content that you upload to yourdrive.co.nz (Your User Content). You grant us a perpetual licence to use Your User Content to operate yourdrive.co.nz and the Yourdrive Service including in relation to promotion of yourdrive.co.nz and the Yourdrive Service and making Your User Content available for access, viewing and use by other users of yourdrive.co.nz.
    3. You may access, view and use the content on yourdrive.co.nz for the sole purpose of using the Yourdrive Service. To the extent permitted by applicable law, any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of any of the content on yourdrive.co.nz is prohibited, except with our express prior written permission.
  4. Registration and Profile
    1. If you wish for Yourdrive to rent your vehicle to other users, or to rent a vehicle from another user, you must register as a registered user of the Yourdrive Service (Registered User). On your registration as a Registered User, we will create a Profile for you based on the information you submit and, if you link your Facebook account, your Facebook information. In applying to be a Registered User:
      1. you:
        1. must be at least 18 years old;
        2. must hold a valid New Zealand class 1 full or restricted driver licence or be eligible to drive in New Zealand as a holder of a valid and current driver licence or driving permit from another country; and
        3. accept that we will use third party sources to run identity verification and driver history checks on you, including the NZTA database and Facebook;
      2. you must ensure that the information you provide about yourself and any vehicle you wish to register as a Registered Vehicle is correct, complete, accurate and up-to-date. You agree to immediately notify us of any changes to your information using the "profile" section of yourdrive.co.nz;
      3. if we accept your registration, we will assign you a unique username and you will choose a password to access the secure section of yourdrive.co.nz;
      4. you agree that you may access the secure section of yourdrive.co.nz only through your authorised username and password and that you will be responsible for all use of yourdrive.co.nz and the Yourdrive Service through your username and password;
      5. you agree that you are responsible for keeping your password secure and secret. If you suspect that someone else knows your password and/or has accessed and used the secure section of yourdrive.co.nz under your username, you must notify us of this fact, and change your password, immediately;
      6. you may only register as one Registered User and may not have multiple yourdrive.co.nz accounts. If you terminate your Registered User account and remove your Profile from yourdrive.co.nz and subsequently wish to recommence using the Yourdrive Service you must reactivate your existing Registered User account and you must not register a new yourdrive.co.nz account; and
      7. you agree that we, or our related or associated companies, may send you messages about products or services available from us or our related or associated companies to electronic addresses (including email addresses) provided by you as part of the registration process or otherwise in connection with yourdrive.co.nz.
    2. We reserve the right to accept or decline your application for registration at our absolute discretion.
  5. Our Rights and Responsibilities
    1. We reserve the right to alter, suspend or terminate yourdrive.co.nz, the Yourdrive Service, registration of a Registered Vehicle, your status as a Registered User or your access to the secure section of yourdrive.co.nz temporarily or permanently at any time and without prior notice.
    2. Subject to clause 7, we will use reasonable endeavours to ensure that:
      1. yourdrive.co.nz is faultless, continuously available (other than during periods of maintenance) and virus-free at all times; and
      2. the information on yourdrive.co.nz is accurate and up-to-date.
  6. Feedback System

    The Feedback system on yourdrive.co.nz is provided to allow Registered Users to evaluate the conduct of other Registered Users and any Registered Vehicle of which a Register User has been a Renter. Any Feedback you provide must be accurate and must not contain offensive, defamatory, or otherwise be inappropriate. We may remove or redact any Feedback that breaches this requirement at our absolute discretion.

  7. Disclaimers
    1. We are not responsible for the descriptions of Registered Vehicles, the content of Profiles, other User Content on yourdrive.co.nz or any information regarding Registered Users or Registered Vehicles or any information otherwise communicated to you by anyone other than us directly, including information provided in direct communications between you and an Owner. Subject to clause 8, notwithstanding the fact that a Rental involves the rental of a Registered Vehicle from an Owner to us and from us to a Renter, we give no undertakings, representations, or warranties in relation to Registered Vehicles listed or rented on yourdrive.co.nz, including the suitability, safety, description, quality, features or specifications of a Registered Vehicle.
    2. The information provided by us, whether on yourdrive.co.nz, or otherwise, is for general guidance only. You must make your own assessment of the suitability and appropriateness of the products, services and the information contained on yourdrive.co.nz for your particular use of such products, services and information.
    3. We do not warrant that yourdrive.co.nz and/or your use of yourdrive.co.nz will be faultless, immediate, continuous or virus-free, or that information provided by us through yourdrive.co.nz or otherwise (including the stated availability or unavailability of products and services) will be complete, accurate or up-to-date. We have no liability or responsibility for any errors or omissions in the content on yourdrive.co.nz.
    4. Internet transmissions are never entirely secure or private. Accordingly, we do not warrant that any information you provide through yourdrive.co.nz will not be read or intercepted by others. We will not have any liability for the interception, 'hacking' or other unauthorised access of information provided through yourdrive.co.nz.
    5. The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents. This clause is intended to be for the benefit of, and enforceable by, each such supplier, licensor and agent for the purposes of the Contracts (Privity) Act 1982.
  8. Consumer Guarantees Act
    1. Subject to clause 8.2, nothing in these Terms is intended to limit or replace any rights you may have under the Consumer Guarantees Act 1993 (CGA).
    2. If you are, or are holding yourself out as, using the Yourdrive Service or yourdrive.co.nz for the purposes of a business in terms of section 43(2) of the CGA, you agree that the provisions of the CGA will not apply.
  9. Indemnity
    1. You agree to indemnify us and our related or associated companies, relevant suppliers, licensors and agents (each an Indemnified Party) in respect of any loss, damage, cost or expense (including legal costs on a solicitor and own client basis) suffered or incurred as a result of any:
      1. failure by you to comply with, or breach by you of, these Terms;
      2. breach by you of any warranty given in these Terms;
      3. of your negligent acts or omissions; or
      4. claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party's use of any material provided by you in connection with your use of the Yourdrive Service infringes that third party's intellectual property rights.
    2. This clause is intended to be for the benefit of, and enforceable by, each Indemnified Party for the purposes of the Contracts (Privity) Act 1982.
  10. Third Party Websites

    yourdrive.co.nz may contain links to third party websites. These websites have not been prepared, and are not controlled, by us. The links are provided for your convenience only, and do not imply that we check, endorse, approve or agree with any third party website (or the content on such website) that yourdrive.co.nz links to.

  11. Hyperlinking

    You may not link your website to yourdrive.co.nz without our prior written consent. If you wish to link to any part of yourdrive.co.nz, please email your request to hello@yourdrive.co.nz. We reserve the right to prohibit links to yourdrive.co.nz and you agree to immediately remove or cease any link upon written request from us.

  12. Privacy Policy

    Our Privacy Policy governs the collection, use, storage and disclosure of personal information by us. Our Privacy Policy forms part of these Terms.

    Where you provide personal information to obtain any product, service or information through yourdrive.co.nz, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise us as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.

  13. Suspension of Membership
    1. A Registered User can suspend that Registered User's account and remove his or her Profile from public access at any time, provided that no current Booking is associated with that Registered User's Profile at that time. Upon suspension of an account by a Registered User, we will remove Profile information from public access but we may retain Profile information as party of our business records.
    2. A Registered User can reinstate that Registered User's account and public access to his or her Profile at any time provided that the Registered User has not had his or her account suspended by Yourdrive for reasons that still stand.
    3. We may terminate a Registered User's account at any time for any or no reason and we may retain or delete your Profile information at our discretion.
    4. Termination of a Registered User's account will not affect your or our rights and obligations under these Terms accruing prior to termination.
  14. Confidentiality

    Subject to the Privacy Policy, any communication or material transmitted to us in connection with yourdrive.co.nz (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free licence to any information you transmit to us, including ideas, suggestions or other material and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.

  15. Dispute Resolution
    1. Either you or we may, at any time while there is a genuine dispute relating in any way to these Terms (Dispute), give written notice (Dispute Notice) to the other party specifying the subject matter of the Dispute and requiring that you and we meet within 10 Business Days after delivery of the Dispute Notice, to attempt to resolve the Dispute (Dispute Resolution Meeting).
    2. If:
      1. (a) you or we fail to resolve the Dispute at the Dispute Resolution Meeting; or
      2. either you or we fail or refuse to attend the Dispute Resolution Meeting within the 10 Business Day period referred to in clause 15.1, or at an alternative time and venue agreed in writing between you and us,

      you and we will immediately be deemed to have submitted the Dispute to mediation by a single mediator chosen by Yourdrive (Mediation).
    3. In the event of any submission to Mediation:
      1. the mediator will not be acting as an expert or as an arbitrator;
      2. the mediator will determine the procedure and timetable for the Mediation; and
      3. you and we will share equally the cost of the Mediation unless agreed otherwise by you and us.
    4. Neither you or we may issue any legal proceedings (other than for urgent interlocutory relief) relating to any Dispute, unless you or we (as the case may be) has first taken all reasonable steps to comply with clauses 15.1 and 15.3.
  16. Limitation and Exclusion of Liability

    Subject to clause 8 of these Terms, to the fullest extent permitted by law:

    1. we will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to, or use of, the Yourdrive Service, yourdrive.co.nz or the content on or accessed through it;
    2. we have no liability to you under or in connection with these Terms (whether in contract, tort or otherwise) except as expressly provided for in clauses 22, 25 and 26; and
    3. all warranties, representations and guarantees, (whether express or implied, by statute or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights) are excluded.
  17. General
    1. These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms and the use of yourdrive.co.nz and the Yourdrive Service.
    2. You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. We may assign or otherwise transfer any of our rights or obligations under these Terms to any other person without your consent.
    3. Subject to clause 1, no amendment to these Terms will be effective unless it is in writing and signed by each party.
    4. These Terms record the entire understanding and agreement between us relating to the matters dealt with in these Terms.
    5. If any provision of this agreement is, or becomes, invalid or unenforceable, that provision will be deemed deleted from this agreement. The invalidity or unenforceability of that provision will not affect the other provisions of this agreement, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.