[Kiaoracabs Limited] – Terms and Conditions
Effective Date: [1 July 2025]
Welcome to Kiaoracabs! These Terms and Conditions (“Terms”) govern your use of the Kiaoracabs platform, including our mobile application and website (collectively, the “Platform”), which facilitates the connection between independent third-party drivers (“Drivers”) and users seeking transportation services (“Riders”).
By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully.
PART A: GENERAL TERMS APPLICABLE TO ALL USERS
1. Definitions
* Kiaoracabs, We, Us, Our: Refers to Kiaoracabs Limited, a New Zealand registered company.
* Platform: The Kiaoracabs mobile application and website.
* Rider/User: An individual who requests or receives transportation services via the Platform.
* Driver: An independent third-party provider of transportation services registered with Kiaoracabs.
* Services: The transportation services provided by Drivers to Riders via the Platform.
* Fare: The amount charged for a Service, calculated as per Kiaoracabs' pricing policy.
* New Zealand Law: Refers to the laws and regulations of New Zealand, including but not limited to the Land Transport Act 1998, Consumer Guarantees Act 1993, Privacy Act 2020, and relevant tax legislation.
• Promotions: Any offers, referral rewards, or discounts provided by Kiaoracabs for a limited time, subject to specific terms.
2. Acceptance of Terms
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, and any other policies or guidelines we may publish from time to time. If you do not agree to these Terms, you may not access or use the Platform.
3. Eligibility
* You must be at least 18 years old to use the Platform.
* You must have the legal capacity to enter into a binding contract.
* You must register and maintain an active user account.
4. The Kiaoracabs Platform – Our Role
* Kiaoracabs acts solely as a technology platform to connect Riders with independent third-party Drivers.
* Kiaoracabs does not provide transportation services itself. The transportation service is provided directly by the Driver to the Rider.
* Kiaoracabs is not an employer of Drivers. Drivers are independent contractors.
* We are responsible for facilitating the booking, payment processing, and providing a communication channel between Riders and Drivers.
5. Account Registration and Security
* You must provide accurate, complete, and current information during registration.
* You are responsible for maintaining the confidentiality of your account login details.
* You are responsible for all activity that occurs under your account.
* You must notify Kiaoracabs immediately of any unauthorized use of your account.
6. User Conduct and Responsibilities
* You agree to use the Platform and Services lawfully and in good faith.
* You must not use the Platform for any unlawful or fraudulent purpose.
* You must treat Drivers and other users with respect.
* You are responsible for your behaviour while using the Services.
* You must comply with all applicable New Zealand laws, including road safety laws, while using the Services.
* You are responsible for any damage you cause to a Driver's vehicle.
• Kiaoracabs reserves the right to suspend or terminate your account at its sole discretion for any misconduct, violation of these Terms, or harmful behavior toward Drivers, Riders, or the Platform.
7. Payments and Fares
* Fares are displayed in the app before you confirm a ride. This may be an estimated fare or an upfront fare, depending on the service type and current demand.
* You agree to pay the applicable Fare for Services requested through your account.
* Payment will be processed via the payment method linked to your account.
* Fares may include a service fee, GST, and any applicable tolls or surcharges.
* Tipping for drivers is optional and at your discretion.
* Cancellations: Cancellation fees may apply if you cancel a ride after a Driver has been dispatched or after a certain time, as outlined in our cancellation policy.
• Promotions and Discounts: Kiaoracabs may from time to time offer promotional discounts or referral rewards. These are subject to specific terms and may be modified or withdrawn at Kiaoracabs’ discretion. Discounts are non-transferable and cannot be exchanged for cash. Misuse or abuse of promotions may result in suspension of your account.
• Cancellations: Cancellations made more than 2 minutes after a Driver has been assigned may incur a standard cancellation fee. If the Driver arrives and waits beyond a reasonable time (e.g., 2 minutes) and the Rider cancels or does not show up, the fee will be charged.
8. Intellectual Property
All intellectual property rights in the Platform, including software, designs, trademarks, and content, belong to Kiaoracabs or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform for personal, non-commercial purposes in accordance with these Terms.
9. Privacy
Our collection and use of personal information in connection with the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to the terms of our Privacy Policy.
• Data Retention and Deletion: We retain your personal and trip data as long as required for legal, regulatory, or operational purposes. You may request data deletion in accordance with our Privacy Policy and New Zealand privacy laws.
10. Disclaimers and Limitation of Liability
* Platform "As Is": The Platform is provided "as is" and "as available." Kiaoracabs disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
* No Guarantee of Service: Kiaoracabs does not guarantee the availability of Drivers or the timeliness of Services.
* Driver as Independent Contractor: You acknowledge that Drivers are independent third-party contractors and not employees or agents of Kiaoracabs. Kiaoracabs is not responsible for the acts or omissions of Drivers.
* Limitation of Liability: To the maximum extent permitted by New Zealand Law, Kiaoracabs shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Platform or Services.
* Consumer Guarantees Act 1993: Nothing in these Terms is intended to contract out of the Consumer Guarantees Act 1993 (CGA) where it applies. If you are a "consumer" under the CGA, certain guarantees apply to our services.
• Force Majeure: Kiaoracabs shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, government actions, or internet service interruptions.
11. Indemnification
You agree to indemnify and hold Kiaoracabs, its affiliates, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (a) your use of the Platform or Services; (b) your breach or violation of any of these Terms; (c) your violation of the rights of any third party, including Drivers or other Riders; or (d) any property damage caused by you.
12. Modifications to Terms
Kiaoracabs reserves the right to modify these Terms at any time. We will notify you of significant changes via the Platform or email. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.
13. Governing Law and Dispute Resolution
* These Terms are governed by and construed in accordance with the laws of New Zealand.
* In the event of a dispute, the parties agree to first attempt to resolve the matter amicably through good faith negotiations.
* If a dispute cannot be resolved through negotiation, the parties agree to submit to the exclusive jurisdiction of the New Zealand courts.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Kiaoracabs regarding your use of the Platform and Services.
• These Terms incorporate by reference additional policies including our Community Guidelines, Cancellation Policy, Driver Agreement (available during onboarding), and any in-app or web-based notices.
PART B: SPECIFIC TERMS APPLICABLE TO RIDERS
1. Requesting and Receiving Rides
* You can request a ride through the Kiaoracabs app by setting your pickup and destination.
* The app will display estimated fares, driver availability, and vehicle types.
* You are responsible for ensuring you board the correct vehicle and driver. Always verify the driver's name, vehicle make, model, and license plate number shown in the app before entering the vehicle.
* Children must be accompanied by an adult. It is the Rider's responsibility to provide and correctly fit any required child restraints.
• By using the Kiaoracabs app, you consent to receive communications from Kiaoracabs, including SMS, push notifications, emails, and in-app alerts related to your ride, account status, and promotional offers.
• Drivers are required to maintain valid insurance as per New Zealand law. Kiaoracabs does not provide insurance coverage for Riders or Drivers. We encourage Riders to check their own personal insurance if needed.
2. Ride Conduct
* Do not engage in unlawful, harassing, or disrespectful behaviour towards Drivers or other passengers.
* No smoking, vaping, or consuming illegal substances in the Driver's vehicle.
* Respect the Driver's vehicle and property. Any damage caused by you will be your financial responsibility.
* Do not distract the Driver or interfere with the safe operation of the vehicle.
3. Lost Property
Kiaoracabs is not responsible for items left in a Driver's vehicle. While we will assist in connecting you with the Driver if an item is reported lost, retrieval is solely at the Driver's discretion and convenience. A return fee may apply.
PART C: SPECIFIC TERMS APPLICABLE TO DRIVERS
(Note: This section would be significantly more detailed and might be a separate "Driver Agreement" document, but here are the key elements to include or reference.)
1. Independent Contractor Relationship
* You acknowledge and agree that you are an independent contractor providing transportation services to Riders. You are not an employee, agent, or partner of Kiaoracabs.
* You retain full control over when and how you use the Platform to offer Services.
* You are responsible for your own taxes, ACC levies, and other statutory deductions.
2. Driver Requirements
* You must hold all necessary valid New Zealand driver's licenses, Passenger Endorsements (P endorsement), and permits required by the NZ Transport Agency (Waka Kotahi) for providing passenger services.
* Your vehicle must meet all legal requirements for a passenger service vehicle in New Zealand, including current Warrant of Fitness (WoF) and Certificate of Fitness (CoF) as applicable, and vehicle registration.
* You must maintain adequate vehicle insurance (including third-party liability and passenger liability insurance) as required by New Zealand law for providing passenger services.
* You must undergo and pass all background checks and vetting processes required by Kiaoracabs and New Zealand law.
* You must maintain a satisfactory driving record and adhere to all road rules.
• All Drivers must undergo police vetting, right-to-work checks, and compliance verification before being granted access to the Platform.
3. Providing Services
* You are responsible for the safe and lawful operation of your vehicle.
* You must pick up and drop off Riders at the locations specified in the app, or as mutually agreed with the Rider.
* You agree to provide Services professionally, courteously, and safely.
* You must ensure your vehicle is clean, well-maintained, and suitable for passenger transport.
* You must comply with all Kiaoracabs Community Guidelines.
4. Fares and Payments to Drivers
* Kiaoracabs will process payments from Riders and remit your share of the Fare (less Kiaoracabs' commission and any applicable fees) to your nominated bank account.
* Details of commission rates, payment cycles, and fee structures will be outlined in a separate Driver Agreement.
* You are responsible for any GST or other taxes applicable to your earnings from providing Services.
5. Ratings and Feedback
* Riders will have the opportunity to rate and provide feedback on your services.
* Kiaoracabs may use ratings and feedback for quality control, performance management, and to inform decisions regarding your access to the Platform.
* Consistent low ratings or serious complaints may lead to suspension or termination of your access to the Platform.
6. Termination of Access
Kiaoracabs reserves the right to suspend or terminate a Driver's access to the Platform at its sole discretion, including but not limited to, for violations of these Terms, safety concerns, or consistently poor performance.
Contact Us
For any questions regarding these Terms, please contact Kiaoracabs at info@kiaoracabs.com
Kiaoracabs – Cancellation & Refund Policy
Effective Date: 1 July 2025
This Cancellation & Refund Policy outlines the terms and conditions for ride cancellations, associated fees, and eligibility for refunds on the Kiaoracabs platform.
1. Cancellation by Riders
a. Free Cancellation Window
Riders may cancel a ride within 2 minutes of being matched with a Driver without any cancellation fee, provided the Driver has not yet arrived at the pickup location.
b. Standard Cancellation Fee
A standard cancellation fee (typically $7.50 NZD) will apply if:
• You cancel more than 2 minutes after being assigned a Driver, and
• The Driver is already en route or has arrived at the pickup point.
c. No-Show Fee
If a Driver arrives and waits at your pickup location for more than 2 minutes, and:
• You do not show up, or
• You cancel after the Driver has waited at the pickup point, a no-show fee (equal to or higher than the cancellation fee) will be charged.
2. Cancellation by Drivers
Drivers may cancel rides for legitimate reasons such as:
• Unsafe pickup locations,
• Aggressive or abusive Rider behavior, or
• Rider delays beyond the wait time threshold.
If a Driver cancels without valid reason, they may be subject to:
• Lower platform priority,
• Temporary suspension, or
• Permanent removal (in repeat cases).
3. Refund Eligibility
You may be eligible for a full or partial refund if:
• The Driver never showed up and you were wrongly charged,
• You were charged a cancellation fee in error,
• The app showed technical issues affecting the booking process,
• You were charged for a trip you did not take.
Refunds will be issued at Kiaoracabs’ discretion, typically within 5–10 business days via your original payment method.
4. How to Request a Refund
To request a refund or report a cancellation issue:
• Open the Kiaoracabs app
• Go to ‘Trips’ > Select Ride > Report Issue
• Or email support@kiaoracabs.com with trip details and your account information
All refund or cancellation disputes must be reported within 7 days of the ride in question.
5. Exceptions and Promotions
• Promotional discounts or referral rides are non-refundable once used.
• Cancellation or no-show fees may be waived as part of promotional grace periods or user goodwill policies.
• Frequent abuse of cancellations or refund requests may lead to account review or suspension.
6. Final Authority
Kiaoracabs reserves the right to:
• Determine refund eligibility on a case-by-case basis,
• Adjust cancellation fee amounts at any time, and
• Take disciplinary action against Riders or Drivers found misusing the system.
Questions?
Contact us at:
📧 support@kiaoracabs.com
📞 Available via in-app support during business hours.
Kiaoracabs Community Guidelines
Effective Date: 1 July 2025
Kiaoracabs is committed to providing a safe, respectful, and reliable experience for everyone on our platform. These Community Guidelines outline the standards expected from all Riders and Drivers who use Kiaoracabs. By using our platform, you agree to uphold these values.
🛡️ 1. Safety First
Your safety is our top priority.
Riders must:
• Always wear a seatbelt.
• Avoid distracting the Driver.
• Enter and exit vehicles safely and legally.
• Never request dangerous, illegal, or off-app trips.
Drivers must:
• Drive sober, alert, and within legal speed limits.
• Keep vehicles clean, roadworthy, and smoke-free.
• Use GPS and follow safe routes.
• Refuse service to Riders who appear intoxicated, aggressive, or unsafe.
🤝 2. Respect One Another
We believe in mutual respect between Riders, Drivers, and the community.