eBus On Demand Terms and Conditions of Use

Last updated: 12 July 2023 – Version 2.0

Please ensure you read and understand the Terms And Conditions fully before using the App, the Website or the Services.

1. Acknowledgement and Acceptance

The use of the App, the Website and the Services is governed by the terms and conditions set out below (Terms and Conditions), as updated by Council from time to time. By downloading the App, interacting with the Website and/or using the Services, a User is taken to have accepted the Terms and Conditions (which incorporate the Conditions of Carriage and the Privacy Policy) in their entirety and a contractual relationship is formed between the User and Council.

A User is responsible for their compliance with the Terms and Conditions (including any updated versions). Amendments to the Terms and Conditions will be published on the Website, and Users will be notified in App or by email. Continued use of the App or the Services by the User is taken as acceptance of the amendments.

To the extent of any inconsistency between the Terms and Conditions and the Conditions of Carriage or the Privacy Policy, the Terms and Conditions shall prevail.

If a User does not agree to the Terms and Conditions (or any variation) they must not use the Services, the Website or the App.

The Terms and Conditions supersede any prior arrangement between the User and Council with respect to the Services.

Council may at any time cease offering some or all of the Services or terminate the contractual relationship established above.

Users will require their own internet connection to use the App and/or the Website and will be responsible for any associated costs of data use. Depending upon the method of Booking, Users are responsible for enabling notifications from the App, checking their email and/or checking their mobile telephone for text messages in order to ensure they receive confirmation Bookings, notifications in relation to their Trip any other updates or notifications from the Council from time to time. Users may choose not to enable notifications (or monitor for email or text updates) however by doing so, a User acknowledges that their use of the Services may be detrimentally impacted.

2. Definitions

In these terms and conditions, the following terms and definitions apply unless otherwise stated:

'App'means the eBus on Demand customer application available for download from the Google Play and Apple iTunes stores.
'Associated Parties' include Council's related entities, its contractors and subcontractors.
'Booking' means a User request for a Trip, made via the App or via telephoning the Council contact centre.
'Bee Card' means a Bee Card which may be used subject to the Bee Card Terms.
'Bee Card Terms' means the Bee Scheme Terms and Conditions, as updated from time to time, and located https://beecard.co.nz/Pages/Terms.
'Conditions of Carriage' means the Conditions of Carriage applicable to Users when using the Services, available on the Website and applicable to all Council eBus services including the Services.
'Council' refers to the Nelson City Council and includes, where the context requires, any Associated Parties providing the Services on behalf of the Council.
'Privacy Policy' means the eBus on Demand Privacy Policy , available on the Website.
'Service Region' means the geographical zone the Services are available in, as shown on the map available on the Website and the App .
'Services' means the provision of User-bookable on-demand shuttle services by the Council within the Service Region which may be shared with other Users.
'Trip' means a part of the Services, the pick-up of the User at a nominated time and location and transportation of them to a nominated location.
'Trip Fare' means the fare payable for each Trip, with applicable fares being published and updated from time to time on the Website.
'User' means any individual that downloads the App, interacts with the Website and/or uses the Services.
'Vehicle' means a vehicle used by the Council to provide the Services.
'Website' means https://eBus.nz/on-demand.

3. Description of the Services

3.1 Account requirements and privacy

To access the Services, Users will need to create an account using the online portal attached to the App or by telephoning the Council contact centre. The creation of an account and ongoing use of the Service requires the provision and collection of personal information. Council will treat all personal information provided by the User in accordance with the Privacy Policy. By using the Services provided by the Council, Users consent to the collection, use and disclosure of their personal information in the manner outlined in the Privacy Policy. The consents and rights above will survive the expiry or termination of these Terms and Conditions.

By becoming a User, individuals warrant that they have the right, authority and capacity to enter into and abide by the Terms and Conditions and agree not to allow any other person access to their account.

3.2 Booking requirements

Bookings are to be made by the User via the App or by phone to the Council's contact centre.

No Booking is to be considered accepted until the User receives confirmation of the Trip via the App, or email or text message (if the booking is made by phone via the Council's contact centre), and notification of the estimated pickup time is provided

The Council shall reserve the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone or email or text message which can be displayed to the driver on pickup. Users who make a Booking via telephoning the Council's contact centre who and do not have access to a mobile phone will need to provide the driver of the Vehicle their first and last name in order to board.

Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks.

3.3 Multiple Passengers

Users must nominate at the time of Booking if the Trip is for additional passengers to that User. A User acknowledges that a failure to notify of additional passenger at the time of the Booking may entitle the Council to refuse carriage to the additional passengers and/or cancel any confirmed Booking in its entirety.

3.4 Seat allocation

The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The on-Vehicle safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.

3.5 Changes to Bookings

A User can cancel or alter any Trip through the App or via telephoning the Council's contact centre at any time prior to pickup.

If a User repeatedly:

cancels Trips without notifying the Council via the App or the Council's contact centre in advance; or
is not present at the pickup location upon arrival of a Vehicle;

the User's account may be terminated or suspended at the Council's discretion.

3.6 Conditions of Carriage

When using the Services, the User agrees to abide by:

all applicable laws, regulations, rules and policies; and
the Conditions of Carriage.

A failure of any User to abide by any of the above may result in the User being required to immediately leave the Vehicle and/or the User's account being terminated or suspended at the Council's discretion.

3.7 Trips

As a shared on-demand shuttle service, Users acknowledge that their Trip will likely include other passengers in the Vehicle travelling in a similar direction and that their Trip may therefore include one or several diversions to pickup or drop off other passengers.

Changes to a Trip are not permitted once a User boards a Vehicle.

Subject to the force majeure provisions in these Terms and Conditions, the Council will endeavour to meet the requested pickup times for confirmed bookings and otherwise provide the Services in line with these Terms and Conditions.

3.8 Trip Fares

Each Trip Fare payment must be on-Vehicle with a Bee Card or by cash. All Users paying by Bee Card are required to comply with the Bee Card Terms.

Users must 'Tag On' at the start of a Trip and 'Tag Off' at the end of a Trip, with the Trip Fare being deducted from a User's Bee Card.

Any refunds will be processed in accordance with the Bee Card Terms.

4. Ownership of Intellectual Property

All intellectual property associated with the Services is owned by the Council or its Associated Parties unless otherwise specified. The User is granted a revokable, non-perpetual, non-exclusive license to use the App and the Website for the purposes outlined above and no other purpose. The Council gives no warranties, and will not in any circumstances be liable for, the infringement of third-party intellectual property rights in relation to the use of the App or the Website by any person.

Any material (other than personal information) uploaded by the User to the App or the Website will become the property of the Council. This includes feedback comments, ratings of the Council's drivers or the Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of App or the Website, the User consents to the use of these in promotional material or other publications by the Council.

5. Limitation of Liability

Any liability of the Council under these Terms and Conditions will not exceed in aggregate the reimbursement of any Trip Fares deducted from the User in breach of these Terms and Conditions or otherwise in error.

Neither party will under any circumstances be liable under the law of tort, contract or otherwise or under any indemnity for any loss of profits or savings or for any indirect or consequential loss or damage, however caused, arising out of or in connection with these Terms and Conditions.

Without limiting this clause, the Council will not be liable for any costs incurred by a User as a result of a cancelled Trip, including the cost of alternative travel arrangements (including, without limitation, for any failure to meet a subsequent journey on any form of transport).

6. Indemnity

Subject to the limitation of liability clause, the User shall be liable for and shall indemnify the Council and Associated Parties in respect of all actions, proceedings, claims, liabilities, penalties, damages, costs, losses and expenses arising directly or indirectly as a result of, or in connection with:

the User's use of the App, the Website and/or the Services;
a third party's use of the App, the Website and/or the Services utilising the User's account;
the User's breach of any of these Terms and Conditions;
the User's negligent or willful acts or omissions;
the User altering, interfering with or tampering with the App or the Website; and
the Council's use of any information provided by the User in accordance with the Privacy Policy.

7. Suspension or Termination of Accounts

Council may suspend or terminate a User's account with immediate effect:

in accordance with clause 3.5 (Changes to Bookings);
in accordance with clause 3.6 (Conditions of Carriage);
if the user otherwise materially breaches these Terms and Conditions; or
for any other reason at Council's sole discretion.

If Council suspends a User's account, such a suspension will remain in force for as long as Council may direct. A User will be unable to make Bookings for the duration of the suspension.

Council may terminate a User's account if Council's license to use the App and/or Website is terminated or if Council otherwise determines it will cease to provide the Services.

Termination of a User's account does not affect any right or remedy available to the User or the Council which arose at or before the termination and, for the avoidance of doubt, clauses 3.1, 4, 5, 6, 8 and 9 survive any termination or expiry of these Terms and Conditions.

8. Cleaning and Repair Costs

If a User causes any damage or soiling to a Vehicle beyond ordinary and reasonable wear and tear, that User will be responsible for the repair of the Vehicle, including any reasonable cleaning costs or fees.

9. Lost or Damaged Personal Items

All personal items are stowed and carried on Vehicles entirely at the User's risk and Users are solely responsible for these items. Council is not responsible for any loss or damage to any personal items transported by a User.

Personal items left in Vehicles whose owner cannot be identified and contacted will be removed from the Vehicle and, if deemed valuable, will be promptly forwarded to Nelson Police. Other items will be stored by the Council and will be available for collection during office hours. Please contact the Council's contact centre to confirm office hours for collection and location for collection. If not claimed within one month, items will become the property of Council. Council will remove and securely destroy personal data from such items and will then either donate to charity, recycle, dispose of or sell each item.

10. Contact us

The Council values feedback, questions and concerns from Users in relation to the App, the Website and the Services and will endeavour to respond to all genuine enquiries as soon as possible.

Feedback and enquiries can be lodged as follows:

via the feedback link contained within the App
via email to ebus@ncc.govt.nz
via telephoning the Council's contact centre on 03 546 0200

11. General Provisions

Relationship between the Parties

In relation to the performance of Services, the Council will provide the Services to the User as an independent contractor and nothing in these Terms and Conditions will be construed so as to constitute the Council as an employee of the User or constitute a partnership between the parties or so as to constitute either party as the agent or legal representative of the other party.

Applicable law

These Terms and Conditions shall be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

Force majeure

Council will not be liable for any non-performance, error, interruption, or delay in the performance of the Services or its obligations under these Terms and Conditions due to any cause reasonably beyond a Council's control and where the Council cannot reasonably mitigate its effects including strikes, lockouts, riots, acts or war, epidemics, governmental action superimposed after the date of this Contract, fire, power failures, earthquakes or other disasters.

No warranty

Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.

The Council makes no warranties that the App, the Website or the Services will be available, accurate, reliable, secure, accessible, free from errors or defects or fit for any User's particular purposes. In particular, Council does not warrant that the App will function correctly on any User's particular device, nor that a Trip will start at the notified time of arrival or be completed within a particular journey time.

It is the responsibility of the User to investigate whether the use of the App, the Website and/or the Services will meet their requirements.

Nothing in these Terms and Conditions is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms will be modified to the extent necessary to give effect to that intention.

Entire Agreement

This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible.

Waiver

No right under this Agreement shall be deemed to be waived except by notice in writing signed by the party providing the waiver.

A waiver by either party will not prejudice its rights in respect of any subsequent breach of these Terms and Conditions by the other party.

Any failure by either party to enforce any clause of these Terms or Conditions, or any forbearance, delay or indulgence granted by a party will not be construed as a waiver of that party's rights under these Terms and Conditions.

Assignment

The User shall not assign any right or obligation under these Terms and Conditions without the written consent of the Council which may be given or withheld at the Council's sole discretion. Any attempt to make such an assignment without the Council's consent shall be void and result in immediate termination of the User's account.

Electronic communications

Users agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. Users agree that all agreements, notices, disclosures and other communications that Council may provide to them electronically satisfy any legal requirement that such communications be in writing.

Severance

In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.