Effective: 01/01/2021

These Terms and Conditions (“Terms“) document the terms and conditions Trippie Ltd. (“Trippie”) requires you to accept if you wish to download, install, access or use the Trippie platform (“Platform”) via our website (“Website”) and/or via any associated application or API (“App”) in order to receive Transport Services from, or perform Transport Services for, other Users of the Platform. These Terms whether stated or otherwise referenced in this document constitute a legal agreement between you and Trippie. By using or accessing the Trippie Platform in any manner, including downloading, installing or using any App, or receiving or performing any Transport Services, you expressly acknowledge and agree to be bound by these Terms, and any future changes and additions to these Terms as published intermittently on our Website or on the App. Upon accessing or using the Trippie Platform or receiving or performing Transport Services you become a “User” of Trippie’s Platform, whether as a “Tripster” (a user who provides transport services) or a “Customer“(a user who purchases transport services), as further described in this document. In the context of these Terms the parties responsible for creating maintaining and managing the Trippie platform may be referred to as “we” or “us”.

The services offered by the Trippie platform can only be accessed through the Website, the App or other authorized channels. It is the User’s responsibility to ensure they have downloaded the correct App for their device. Trippie is not liable if you do not have a compatible device or if you have downloaded the incorrect version of the App for your device. Trippie reserves the right to terminate your use of our Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized device.

Trippie reserves the right to alter the terms and conditions of these Terms or any of its policies relating to our Platform or the accessing of Transport Services by our Users upon this Platform at any time, effective upon posting of an updated version of the Terms on our Website. You as a User are still responsible for regularly checking for updates to the Terms. Use of our Platform after any updates to these Terms shall establish your consent to all such changes made to the Terms in such an update and your confirmation of your agreement to the updated Terms as a whole.

In these Terms, unless the context otherwise requires:

“Account” means the online profile you have with us that is accessible via the App;

“Account Information” means your name, address, contact information and any other information provided to us when you register or use the App. Your registration may be updated by you from time to time;

“Agreement/Terms” means these terms and conditions;

“App or Trippie app” means the “Trippie” mobile application software, through which you can order Products from Stores and arrange delivery where applicable;

“CGA” means the Consumer Guarantees Act 1993.

“FTA” means the Fair Trading Act 1986.

 “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

“Intellectual Property Rights” means all intellectual property rights and includes any patents, registered designs, utility models, trade marks (including logos and trade names), domain names, copyright, circuit layouts, rights in computer software and databases, rights in inventions, ideas, know-how and trade secrets, image and personality rights (including all things recording that 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 and all rights to apply for any such rights;

“Trippie” means Trippie Ltd (Company No. 7882070, NZBN. 9429047941854) when used with capital first letter and when used with a lowercase first letter it shall mean a listing created by the Customer.

“Platform” means collectively the Trippie Website at https://www.trippie.co.nz/ or any other URL which may host Trippie websites or services; the Trippie mobile application (App); and any other digital services provided by Trippie from time to time.

“Updates” means all released updates, upgrades, changes, revisions and new versions of the Website, App or services available thereto;

“Users” means any person that accesses the Website or has downloaded and is using the App;

“User Generated Content” means any content posted on or via the App that is generated by you or other Users;

“Virus” a virus is a program designed to infect and potentially damage files on a computer that receives it. According to these terms and conditions a virus is anything or device (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices;

“We, us and our” refers to Trippie Ltd (Company No. 7882070); and

“You and your” refers to you, the individual that downloads the App for use on a mobile device that you own and/or control.

Tripsters and Customers

Both the Tripster and the Customer will be referred to as “Users”. Our App aims to connect those who would like to have someone pick and deliver their personal property (Customers) and those who would like to offer the service (Tripsters). A listing that is created by a Customer is called a trippie. The process of a Tripster picking up and delivering a Customer’s personal property in the manner documented in the trippie(listing) is called “completing a trippie”.

The Trippie Platform connects third party Tripsters who want to complete trippies for third party Customers and gives those Customers a way to find those Tripsters and plan the completion of their Trippies. Tripsters are self-employed/independent contractors who choose to perform Transport Services for Customers that create trippies on our Platform. At no time does Trippie control if or when a Customer creates a specific trippie, or if or when a Tripster chooses to offer to complete a specific trippie.  Agreeing to perform Transport Services for Customers through the Trippie Platform does not restrict or prevent a Tripster from providing Transport Services, or any other types of services, via another platform or for other persons at the same time.

TRIPPIE IS A LOGISTICS MANAGEMENT PLATFORM AND THE COMPANY ITSELF DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD PARTY TRIPSTER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE TRANSPORT SERVICES REQUESTED BY A CUSTOMER.

The App does not provide real time tracking of a Tripster during the process of completing a trippie as the Tripster is not an employee of Trippie and tracking their movements in such a way would be an invasion of privacy and against the ethics practiced by Trippie.

Our Responsibility

Trippie merely creates a connection between the Tripster and the Customer. Trippie has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Transport Services via our Platform, in public, private, or offline interactions, or otherwise. In order to avoid problems and mishaps while keeping Users and their property as safe as possible, we do rely on the Users to adhere to a few rules and guidelines documented below.

It is important for the User to agree and action the following every time you engage with the App;

• You are legally liable and have the capacity to agree to the Terms and acknowledge them fully.
• You cannot use the App for other purposes other than your own personal use.
• You are at least 18 years or older as per New Zealand legal requirements to be able to enter into the agreement otherwise you must not use the App.
• You can only have one account with Trippie.
• You will not allow another party to use your account.
• You will not impersonate another user.
• The App should only be used within the regulation and the laws of New Zealand.
• You cannot use another User’s information you come across through the App.
• You are required to provide Trippie any legal identity documentation which is requested and ensure that you do not misguide or use another person’s identity, intentionally or unintentionally.
• You will ensure that any codes or verification which we provide you will be kept safely to enable you to access the App.
• You cannot present yourself as an employee, agent or relative of Trippie.
• You can only use another User’s information solely during the execution of the trippie and not for any other reason.
• You cannot use the App for any illegal purposes or to deliver or attempt to create a trippie which involves fraudulent or criminal activities.
• You cannot share the App with third parties including any music, images or software or other materials without permission from Trippie.
• You will not use any User’s information to track them down or cause any harassment to them.
• You will not compile, directly or indirectly, any content displayed through the Services.
• You will not access, view, or otherwise use another Customers account, impersonate any person or entity, or manipulate or forge headers or identifiers to disguise the origin or nature of any content transmitted through the Services.
• You will not copy or distribute any content displayed through the Services, including Businesses’ menu content and reviews, for republication in any format or media.
• You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Trippie server.
• You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Trippie may use to prevent or restrict access to the Services.
• You will not deep-link to our Website or access our Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our Website or any content on our Website.
• You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
• You will not abuse any promotional offer in any way including opening multiple accounts to benefit from offers available only to first time users.
• You will follow all of the above rules and guidelines while engaging with the App.
• The total value of any animals or items transported in a single trippie must not exceed $2000 NZD.

 Background Checks

Tripster check

During the registration as a Tripster, you are required to provide us with a valid Driver’s License and car details to Trippie and agree to allow us to undertake some background checks before you are officially registered as a Tripster. We also require you to provide a valid document (Visa Copy or equivalent) to show your right to work in New Zealand. Trippie at its sole discretion may or may not allow acceptance of your application to be a Tripster, prior to acceptance you will be registered as a normal user, that is, as a Customer.

Customer Check

Trippie does not conduct any background checks on Customers, they can continue to use the App without any restrictions.  However, we do hold the right to conduct a background checks at any instance of the App being used, involving all Users, the decision lies with Trippie.

The background checks do not necessarily determine the righteousness of the Tripster, all Users always must exercise their own well-reasoned judgement when using the App.

Categories and Delivery types

Categories

A trippie can be classified in three categories; Items, Pets and Livestock. Pets and Livestock have been detailed further in the Terms. An Item can be broken down in 4 categories; Small, Medium, Large and Extra-Large, where Small is anything that can be safely delivered on a motorcycle/moped, Medium is to Cars, Large is to trucks and Extra Large is to large trucks.

Delivery Types

There are three types of delivery a Customer can choose. The regular delivery excludes extra charges. The Customer is charged the price they select. This can be higher than or equal to the minimum estimate price.

Featured allows the Customer to make their trippie stand out. If the minimum price of a regular trippie is fifty dollars or less making the trippie featured will add five dollars to the minimum price. If the regular minimum price of a trippie is greater than fifty dollars making the trippie featured  will increase the price by ten percent. Featured trippies are displayed more prominently than regular trippies and Tripsters are aware of the difference in minimum price. Therefore, there is a high probability that a featured trippie will receive more offers than and be completed before a comparable regular trippie.

Urgent is the highest tier of the trippie pricing structure. An urgent trippie is automatically classified as featured and the minimum price is adjusted accordingly. An urgent charge is then added to the minimum price. An urgent trippie is displayed more prominently than regular trippie or a featured trippie and Tripsters are aware of the difference in minimum price. Therefore, there is a high probability that an urgent trippie will receive more offers than and be completed before a comparable regular trippie or a comparable featured trippie:

Users can also opt for a signature required on delivery, this costs $3 and can only be exercised on Items. Pets and Livestock require a signature by must and cannot be left on the receiver’s property without a signature.

Restrictions on Delivery Contents

Accepted Animals:

• Cattle
• Sheep
• Goats
• Horses
• Cats
• Dogs
• Rabbits
• Birds
• Rodents
• Reptiles

Prohibition List:

Customers will not be allowed to send the following items and therefore no Tripster should offer to deliver the listed items.

• Any animals not in the Accepted Animals list above, or any animal that is deemed to be not fit for travel.
• Any tobacco or tobacco related products.
• Any poisonous or threatening animals.
• Any illegal substances as per NZ Law.
• Any hazardous waste
• Human remains, cremated remains, human body parts or components thereof.
• Passengers

Trippie will not be responsible for any loss or damage that occurs due to a User attempting to transport prohibited items.

As a Tripster, if you are delivering any cigarettes, tobacco products, wine, beer or other alcoholic beverages, you must make sure the person you hand over the items to is over 18 years old. You can confirm this by asking for a valid government issued photo ID; an 18+ Card, driving license, passport, permanent resident card and a NZ military ID. The Tripster also must make sure that they do not hand over these products to someone who is already visibly intoxicated, the Tripster is the main judge here to confirm the state of the receiver. If the Tripster or the Customer is unsure on what to do, do not complete the delivery and contact Trippie support on “info@trippie.co.nz”.    

Livestock and Pets

Trippie does not currently provide any insurance coverage for any Items, Pets or Livestock being delivered, it is solely the Customer’s responsibility to properly insure their items. It is the responsibility of both the Customer and the Tripster to ensure the contents of a trippie are properly stored, properly secured and safely delivered. Trippie cannot be held liable in case of any damages or loss of any Items, Pets or Livestock during delivery. Insurance is solely the owner’s responsibility. All contents sent using Trippie are sent at “Owners Risk” as outlined under Carriage of Goods Amendment Act 2013 and by using the App, Users agree to this.

The total value of any animals transported in a single trippie must not exceed $2000 NZD.

It is the responsibility of the sender or the party meeting the service provider at the pick up location to ensure that the vehicle is in a suitable condition to transport animals safely and ensure the driver has accurately represented their skills, experience and level of expertise to ensure they can transport the animals safely.

In order to qualify to transport Pets a Tripster must comply with the following rules and guidelines.

1. The Tripster’s vehicle must have correctly functioning air conditioning.
2. The Tripster must ensure the Pet or Pets are keep at a comfortable temperature.
3. The Tripster must never leave the Pet or Pets unattended.
4. The Tripster must regularly update the Customer on the status of their Pet, not just through the Trippie app but using an additional messaging service that allows the Tripster to send additional pictures.
5. The Tripster must stop and check on the condition of the Pet or Pets at least once every three hours.
6. The Tripster must be able to house and feed the Pet or Pets for 48 hours in the case of unforeseen circumstances.
7. The Tripster must ensure every Pet is provided with adequate food and water for the length of the journey. This should be provided by the Customer.
8. The Tripster must have previous experience transporting animals and must not offer to transport a species of animal with which they have no previous experience.

In order to qualify to transport Livestock a Tripster must comply with the following rules and guidelines.

1. Both the Tripster and the Customer must strictly adhere to the guidelines set out in New Zealand Livestock Transport Assurance (NZLTA) to safely transport Livestock. https://www.asurequality.com/assets/Topstock/NZLTA-Programme-Manual-V1-July-2017.pdf
2. The Tripster must have adequate experience transporting Livestock and must not offer to transport a species of animal with which they have no previous experience.
3. The Tripster must be able to house and feed the Livestock for 48 hours in the case of an emergency.

Both Pet and Livestock trippies will always require a signature upon delivery, this is to avoid a situation where animals are left unattended on and ensure their safety. The Tripster must always be conscious of this responsibility. Dogs, cats and rabbits require a vaccination certificate and must be vaccinated prior to travel time. A copy of this vaccination certificate must be uploaded by the Customer when creating a trippie that requires the transportation of one of the afore mentioned species of Pet. According to New Zealand law before transporting Livestock you must ensure all animals are fit for transport. If there is any question over the fitness of an animal a veterinary declaration of fitness must be provided. In addition to this legal requirement Trippie requires every user creating a trippie that involves the transport of Livestock to provide a document that proves the animal or animals are fit to transport. 

Vehicles:

The vehicles that can be listed for Livestock and Horses are; Horse float, horse trucks, Stock Truck, Pickup Truck with a cage, Single Axle Trailer and Double Axle Trailer. Due to the availability of various sizes, the following are the minimum acceptable sizes (these are the bed sizes of the vehicles):

According to the New Zealand laws, the maximum height is supposed to be at 4.3 metres hence that’ll be the acceptable standard as per trippie as well. 

Livestock:

Both the Tripster and the Customer must strictly adhere to the guidelines set out in New Zealand Livestock Transport Assurance (NZLTA) to safely transport the acceptable Livestock. https://www.asurequality.com/assets/Topstock/NZLTA-Programme-Manual-V1-July-2017.pdf Ensuring that the guidelines are well followed, there is a maximum number of Livestock per vehicle type, considering the space allowance needed for the Livestock and the vehicle sizes listed under Vehicles. The following table lays out the maximum number as per consideration:

It is the Tripster’s responsibility to honestly disclose the type of vehicle and the quantity of the Livestock they can safely transport. As per the guidelines, they can refuse or decline the Trippie if they do deem the Livestock to be unfit for travel or the travel time is beyond acceptable measures, travel time should be as short as possible.

The Customer must also supply adequate food and water according to the requirements of the Pet or Livestock. This food must be consistent with the animals existing diet.

Pets:

There is also a maximum quantity set out, this is according to the category type selected; Medium, Large or Extra-Large. It is prohibited to transport Pets under the Small category as it is unsafe to do so on a moped or motorbike. It is the Tripster’s responsibility to only honestly accept the Trippie if they can safely deliver the Pets. The maximum numbers set out are as follows:

The Customer must make sure the Pets are properly caged so as not to harm the Tripster or the Pet itself. All cages should be properly secured in place in the vehicles. For birds with a hooked beak, plastic cages are not acceptable as they are easily damaged hence a metal cage should be used to avoid any damage. Trippie will not be responsible for cages breaking or falling apart, the Customer must make sure they use appropriate cages.

To ensure safety of the Tripster and the animals if more than one dog being transported, the Customer must ensure that the dogs are safely contained in appropriate cages. Each dog must have its own cage. These cages must be placed a minimum of 0.5 metres away from each other and properly secured If possible, a barrier should be placed between the two cages for extra security. If two dogs are being transported at the same time both dogs must be owned by the same User to ensure the animals are familiar with each other and avoid unnecessary disruption. According to the Dog Control Act 1996 and the Auckland Council, if your dog falls under the Menacing or Dangerous dogs’ category, the Customer is required to specify this clearly while posting the trippie, it is then the Tripster’s decision to deliver the dog or not. In case the Tripster does offer to go through with the delivery, Trippie will not be held liable for any damages or consequences.   

The Customer also must supply relevant food according to the Pet, keeping the journey in mind and the kind of diet they have been following.

Tripster’s responsibility towards Confidential Information

While performing the service both the Tripster and the Customer will have access to personal information relating to each party, this involves it being written, oral or passed through the service, also involves any information of the Trippie administrator as well. Trippie requires all the information to be protected to avoid any uncertainties. Trippie therefore requires all personnel to follow a strict ethical conduct and not disclose this information unless required by law.

All information classified as “Confidential” will be held by Trippie for 5 years, it will then be safely deleted. If a User would like their data deleted, they can request Trippie to do so which will be exercised solely on Trippie’s discretion.

Other Tripster’s Responsibilities

Insurance

Vehicle Insurance

It is solely the Tripster’s responsibility to make sure their vehicles are properly insured. If you do not have at least one vehicle with proper insurance, you will not be able to register as a Tripster. A Tripster must register any vehicles they will use to complete trippies to their Trippie account. A Tripster may have up to three vehicles registered to their account at any one time. As per New Zealand Transport Agency, your vehicle must have up to date Registration (Rego), Warrant of Fitness and a Road User Charges (if required). All vehicles must be road legal to be registered to a Tripsters Trippie account and used in the process of completing a trippie. These requirements also extend to trailers. If any of the previously mentioned licenses associated with a vehicle expire or lapse, run out or lapse you are no longer permitted to use that vehicle to complete trippies.

Vehicle Editing or Removal

In case of change of ownership of the registered vehicles occurs, due to a sale, write off or other valid reasons, it is the Tripster’s responsibility to update their profile to reflect the correct information. Trippie will not be liable for any damages or mishaps caused due to a vehicle’s information being out of date.

Packaging

Items are required to be packaged in a way that will ensure the items are kept safe while allowing the contents to be inspected and photographed by the Tripster before taking the items into their custody. However, this does not relieve the Customer of the responsibility to package their items in a way that will protect them from damage. If a Customer does not allow a Tripster to inspect their items, the Tripster has the right to decline to complete the trippie.

If in any case, the Tripster continues with the trippie without carrying out a proper inspection, any issues relating to the package will be the Tripster’s responsibility.

If the Tripster does not notice and document any pre-existing damage to the items before picking up the trippie, it will be assumed that this damage occurred while the items were in the Tripster’s custody which implies the Tripster could be held liable.

Insurance Coverage

Trippie does not currently provide any insurance coverage for any items, Pets or Livestock being delivered, it is solely the Customer’s responsibility to properly insure their items. It is the responsibility of both the Customer and the Tripster to ensure the contents of a trippie are properly stored, properly secured and safely delivered. Trippie cannot be held liable in case of any damages or loss of any items, Pets or Livestock during delivery. Insurance is solely the owner’s responsibility. All contents sent using Trippie are sent at “Owners Risk” as outlined under Carriage of Goods Amendment Act 2013 and by using the app, users agree to this.

The total value of any animals or items transported in a single trippie must not exceed $2000 NZD.

Cancelations

What to do when a Customer cancels or Does not Show Up (No-Show)?

There are a few conditions that determine whether you pay a penalty for cancelling your trippie. These are as follows: 

The Customer should send in a cancellation request as soon as possible. Cancelling a trippie which has received no offers, is free. Cancelling a trippie which has received offers incurs a $1 administration fee. If a Customer cancels a trippie with an accepted offer before the Tripster has updated the status to “on the way to pick up” the Customer will be charged $10 or 50% of the trippie cost if this amount is less than $10.

If a Customer cancels the trippie after the Tripster has updated the status to “on the way to pick up” then the Customer is charged 50% of the trippie cost (the price on the offer the Customer accepted) plus a $5 administration fee. Unless this amount would be greater than the original cost of the trippie in which case the Customer is charged 100% of the original price with no administration fee.

The Customer may have their fee refunded if they cancel due to a no-show by the Tripster or if the cancellation is due to significant circumstances beyond the Customer’s control and proper procedure is followed. Refunds may be given or refused solely at the discretion of Trippie LTD. We offer no guarantees related to refunds and all such decisions will be made on a case by case basis and we can give no accurate indication of how long these decisions will take. The unique circumstances of each situation will be considered.  

These circumstances may include but are not limited to crime, serious injury or bereavement.  The Customer should contact the Tripster who consents to this leading to any fees being wavered. Both parties involved should contact Trippie through our Website and report this as an incident.

What to do when a Tripster cancel or Does not Show Up (No-Show)?

The Tripster should cancel as soon as possible so that the Customer can have enough time to have their trippie serviced by another Tripster. There are 3 scenarios and consequences as to when a Tripster cancels or does not show up, these are explained below;

• A Cancellation: A pattern of these cancellations 7 or more in a calendar year would lead to the User automatically being prevented from making new offers until their current jobs were completed or cancelled at which time they would lose access to driver functionality. In certain cases, disciplinary action may be taken after fewer cancellations if the User is judged to be negatively impacting the community. After this disciplinary action is complete the count will be reset. If the User had 7 cancellations within a calendar year measured from the first of January disciplinary action will be taken and they will be prevented from acting as a driver for a period of time determined by the administrator who will review each case personally.
• Explained Lateness: If a Tripster is late but explains their lateness beforehand using Trippie’s phone or messaging service it is up to the Customer to accept their reason or report a no show. 
• Low Rating Suspension: If a Tripster’s rating drops below three stars, disciplinary action may be taken the administrator will review each low rated user on a case by case basis.

What may lead to disciplinary action potentially including the cancellation or Suspension of your Account?

Not considering other factors, Trippie can, at our sole discretion, suspend or cancel any User’s account if they fail to comply with the Terms or breach any of the agreements for the Customer or Tripster respectively. If we believe that your actions can cause legal liabilities or financial loss to other Users or to Trippie itself, we will remove all your data from our database. This also includes any attempt by any User or Users to use the App in a harmful or illegal way.

Other reasons that may lead to disciplinary action potentially including suspension or cancellation of your account;

• A no show or cancellation for the 7^th time 
• If your User rating falls below 3 stars.
• In case of delivering or posting a trippie which involves prohibited items or illegal items.

• If there has been a complaint about a missing item from a trippie which the driver cannot explain properly.

• If an account has been inactive for 3 months or 120 days.

In case of cancelation or suspension, the user loses any benefits or privileges related to the App, and Trippie is not liable to compensate for any such loss occurred.

Trippie at our sole discretion can reactivate any cancelled or suspended accounts.

Billing and Payment

Trippie is not and will not be a party to the agreements between Users for a Tripster to preform transportation services using our Platform, including the Customers agreement to pay the Tripster. This means all Users are required to provide the information required by the Payment Service Provider selected by Trippie (the “PSP”) and complete the relevant registration. By accepting these Terms, each User agrees that they have printed or downloaded, reviewed and agreed to the Services Agreement of the PSP selected by Trippie. Please note that Trippie is not a party to this agreement and has no obligations or liability to any User under this agreement.

Payment Processing. 

Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/nz/legal) (collectively, the “Stripe Terms“). By using the Trippie Platform to pay for the completion of trippies or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Trippie enabling payment processing services through Stripe, all Users authorize Trippie to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by these Terms and your relationship with Trippie. All Users further agree to provide accurate and complete information about themselves and their business, and authorize Trippie to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Trippie reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.

Payments transferred through Stripe currently incur a fee (2.9% + NZ$0.30 per successful card charge) in the event of a successfully completed trippie this fee will be included in the commission Trippie charges successful driver. Currently Trippie charges a commission of 15.05% on the fee a driver receives for the completion of a successful listing which includes any Stripe fees incurred. This fee is subject to change at the sole discretion of Trippie LTD. In the event of a Customer cancellation this Stripe fee will be deducted from any refund a Customer receives. In the event a Tripster cancellation this Stripe fee will be deducted from the refund a Customer receives until Trippie is well established enough to absorb this cost.  

Billing

Customers will be responsible for paying the invoice for each trippie contracted for (the “Invoice”), which will include the pricing terms of the trippie provided by a Tripster, fees incurred in the event of a cancelation, and any fee Trippie assesses for use of its Platform (combined, the “Trippie Payment”). Unless otherwise explicitly stated in these Terms, any fees that Trippie may charge a User for their use of the Trippie Platform (including to receive or perform any Delivery Services), are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Platform or the Delivery Services either planned, accidental or intentional, or any reason whatsoever. Trippie reserves the right to determine final prevailing pricing and any pricing information published on the Trippie Website may not reflect the current pricing.

Users of our Platform will be liable for any taxes required to be paid because of the User’s use of or access to the Trippie Platform or receiving or performing any Transport Services or on any Trippie Payment received (other than taxes on the Trippie’s income).

Payment, Withholding and Release

If their offer is accepted, a Tripster is solely responsible for completing the trippie as agreed upon BEFORE being paid. By accepting an offer, the Customers will authorize Trippie to provide the Customer’s payment details to the PSP for processing of Trippie Payment. The PSP will then hold this payment until conformation is received that the trippie has been completed. Trippie in its sole discretion, may place a hold on a Tripster’s Trippie Payment if the completion of the trippie is not expressly in accordance with the Customer’s directions set forth in the request for Transport Services, and these Terms, and/or Trippie determines it otherwise necessary or advisable to place a hold on such Trippie Payment, including without limitation if Trippie has any suspicion or reason to believe that a Tripster or Customer has breached these Terms, including, without limitation by (1) an incident report has been filed under the Trippie Protection Plan for loss, damage or theft to a trippie carried by Tripster, (2) sending or accepting items on the Prohibited Item list; (3) establishing an account with Trippie or agreeing to complete a trippie with the purpose of defrauding Trippie or any other party; (4) using a stolen credit card or any other false information to establish an account with Trippie or pay for the completion of a trippie; or (5) otherwise engaging in any questionable or fraudulent activity in connection with the completion of a trippie or access and/or use of the Trippie Platform.

Trippie will release the Trippie Payment to a Tripster upon establishing the validity of the accounts and trippies under suspicion, in Trippie’s sole but reasonable discretion.

In order to account for Stripe’s standard pay-out timing in New Zealand and to allow for any dispute resolution service providers(drivers) should receive payment for their completed listings approximately nine days after the completion of a listing, depending on the service provider’s bank provider, weekends and bank holidays. A listing will be considered complete when the contents of the listing have been successfully delivered and this delivery has been properly recorded via the Trippie application.
In the event of a cancellation if part of a sender’s payment is going to be returned. The sender should receive these funds in approximately seven days.
In the cases above the figure of seven days is provided as a guide and is not legally binding. The timing of these payments may vary depending on the circumstances outlined in this agreement and the timing of these payments is at Trippie’s sole but reasonable discretion.

Trippie will not release Customer’s payment to the Tripster until the performance of the trippie is completed by the Tripster as agreed upon herein.

Reimbursement for Expenses

A Tripster will not be reimbursed for costs and expenses incurred in completing a trippie such as parking fees and tolls. A Tripster must consider such expenses before offering to complete a trippie.

Tripster Teams

There is only one Invoice and Trippie Payment per trippie.  If Tripsters are in teams the Tripster whose offer was accepted will receive the entire Trippie Payment and it is the responsibility of the members of the team to divide as they see fit.  Once the Trippie Payment is released to the assigned Trippie account, Trippie will have no further liability or responsibility to any Tripster or member of a team.  Tripsters may not be accompanied by minors under any circumstances while completing trippies.

You hereby grant Trippie permission and the full right and authority to fully investigate and prosecute violations of any of these terms (including all documents and agreements referenced or incorporated herein) to the fullest extent of the law, including involving, cooperating or disclosing your personal information to law enforcement authorities in connection therewith.

Disclaimer of Warranties and Limits on Trippie’s Liability to You 

Neither Trippie nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of our Platform and Trippie and its officers, directors, employees, agents, representatives, affiliates and licensors are not be liable for any loss, claim, injury or damage arising in connection with your use of the platform or your receiving or providing transport services.  By using the Platform, you thereby release Trippie, its officers, directors, employees, agents, representatives, affiliates and licensors from any liability related to any use of our platform or your receiving or providing transport services or the conduct or misconduct of a user.

No Warranties

The Transport Services, Platform and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Trippie to the maximum extent permitted by applicable law. Trippie makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or App or the content of any websites linked to the Platform or App.

Trippie does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising and Trippie will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Without limiting the foregoing, neither Trippie nor its affiliates or licensors warrant or guarantee:

• that access to the Transport Services, Platform or App will be uninterrupted, error-free, secure, timely or operate on any device or in combination with any other hardware, application, system or data;
• as to the results that may be obtained from the use of the Transport Services, Platform or App;
• that the Transport Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;
• as to the timeliness, accuracy, or reliability, of any User;
• as to the timeliness, accuracy, or reliability of our Transport Services, Platform or App, or any information or materials provided through or in connection with the use of the Transport Services, Platform or App;
• as to the completeness or content of any trippie;
• that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services, Platform or App will be corrected; or
• that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Limitations of Liability

Trippie expressly disclaims any liability that may arise between Users of the Trippie Platform. Use of the Platform and receiving or preforming transport services via this Platform takes place entirely at the User’s own risk.

You acknowledge and agree that Trippie is only willing to provide this Platform if you as a User agree to certain limitations of our liability and to the liability of our third parties.

Trippie currently does not and has no obligations to assess the suitability, legality or ability of any User to preform or complete a trippie and you expressly waive and release Trippie from any and all liability; claims or damages arising from or in any way related to a User’s performance when creating or completing a trippie. You as a user acknowledge that users providing delivery services requested using the Trippie Platform or App may not be professionally licensed or permitted and may not have the proper insurance. Trippie will not be party to disputes or negotiations of disputes between any of our Users. You expressly waive and release Trippie from any and all liability, claims, causes of action, or damages arising from your access or use of the Trippie Platform , app or your receiving or preforming delivery services, or in any way related to another User or any other third party introduced to you by the Trippie Platform, App or during the process of completing a trippie or otherwise. 

You agree not to hold Trippie , its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of such agents, employees, officers, directors, corporate partners or participants liable for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to access or use the Platform, App or transport services, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act or service provided by Trippie or its affiliates or licensors and any destruction of your information and whether such conduct, act or omission occurs during your use or access of the Platform or App or during the completion of a Trippie.

Under no circumstances will Trippie, its affiliates, its licensors, or any such parties’ agents, employees, officers, directors, corporate partners, or participants be liable to you, another User or any third party for any direct, incidental, consequential, punitive, special or exemplary damages arising in connection with your use of or inability to access or use the Platform, App or transport services, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between a Tripster, Customer, any third party service provider, advertiser or sponsor whose advertising appears on the Website or is a User of the Platform or App including for personal injury, loss of data, revenue, profits, use or other economic advantage, even if all parties have been previously advised of the possibility of such damages.

Intellectual Property

Ownership

Trippie holds all the rights to all the intellectual property related to the App and the services, these include and are not limited to the copyright, design rights, trademarks, database rights and any registrations already done, in process or to be registered in the future, Trippie has the full rights to apply for ownership of the related intellectual property. You as the Users of the App do not have any rights over this whatsoever.

App License

Trippie owns all the rights to the ownership and retains it too, related to the App and its services. You as the Users get the rights on your sole account to use the App on any android phone you own, these rights are not transferrable and non-exclusive. This license does not allow you to use the App on any phone that you do not own. This license also covers any rights to updates or upgrades of the App and the services.

Trippie retains the rights to stop offering the services or the App at Trippie’s sole discretion. In case this does happen, any licenses for the Users will be automatically terminated. Trippie will not be held liable to compensate the User’s due to discontinued services.

You as the Users do not have the rights to sell, resell, modify, give rights to any third parties, build a similar product, or induce any software that may cause the App to not run as desired.

For Apple Users

 This Agreement is concluded solely between the user and Trippie ltd, and not with Apple, and Apple is not responsible for the App and its content; 

any maintenance or support that may be offered by us in connection with the App is solely Trippie Ltd.’s responsibility and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and request a refund of the purchase price (if any) you paid for the App through Apple’s App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App. In the event of any third party claim that the App or your possession and use of it infringes that third party’s intellectual property rights you should contact us as Apple will have no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary;

(f) except as related to app store purchases any questions, complaints or claims with respect to the App should be directed to us at the following address:

Email: info@trippie.co.nz

Copyright

The App respects any copyright laws and intellectual property of others and we expect the Users to do the same.  If any of the Users disrespect or void any rights of copyright holders, their accounts may face suspension or cancelation. If you do believe that any material on the App does infringe any copyrights related to you, you can contact us on “info@trippie.co.nz”.

Agreement for the Tripster

In addition to all stated above, the following Terms and Conditions are also part of the agreement the Tripster agrees to;

• The Tripster is a third-party independent contractor who willingly agrees to offer the services related to the App. The Tripster is in no way and under no circumstances an employee of Trippie. We therefore do not owe any employment benefits or rights to the Tripsters.
• The Tripster owns and can legally operate the vehicles registered in their Account. It is also required for those vehicles to be insured with either comprehensive or third-party insurance. Trippie is not liable for any damages to the vehicle or the Tripster including and not limiting to death as a result of providing the service. The Tripster is required to carry all the required licenses and insurance while performing the service.
• Tripster must check the trippie’s contents before taking it into their custody and take pictures of any visible damage, to show the contents was not damaged during transportation. 
• The Tripster will not discriminate anyone due to race, gender, sexual orientation, age, marital status or disability.
• Any information collected during the services including but not limited to names, phone numbers, addresses or other personal information relating to the Users cannot be used or stored by the Tripster outside Trippie. The Tripster must agree to protect and never disclose such personal information to any third party to maintain confidentiality.
• Can only offer for a trippie three times and the prices should be different, each time. A tripster is limited to three offers per trippie only.

Agreement for the Customer

• The Customer will not discriminate anyone due to race, gender, sexual orientation, age, marital status or disability.
• Customer ensures that they have packaged the trippie safely and correctly and will not send any prohibited or illegal items.
• Customer will not knowingly contact a previous Tripster outside Trippie to do a delivery service outside the App.
• Customer is required to list out items in the trippie and take photographs, this should be disclosed to the Tripster. Any prohibited items must not be sent with or without the Tripster’s consent, if this does happen, Trippie will not be held liable for any losses or damages to the prohibited item.
• If the Customer is sending Livestock or Pets, the animal or animals will be sent in a safe and appropriately sized cage or enclosure with appropriate water for the journey in an appropriate container, appropriate food for the journey in an appropriate container and anything else the animal or require to travel in a safe comfortable and legal way. The customer will honestly disclose the size and nature of the animal and upload the relevant vet clearance or vaccination certificate if required.

Incidents

Filing an incident report

In case of any incident reports, Trippie advises the User to complete the incident form on our Website, which will then be looked in to by the Trippie team and relevant action will be taken.

Only the Tripster or the Customer who posted the trippie can file a proper incident report. Please make sure you have all relevant documentation related to the trippie. Trippie will be able to provide pictures taken by the driver at delivery and pick up. If the incident is about a damaged trippie relating to items, do not dispose the items as these will be used in the incident evaluation.

Breakdowns

A breakdown is classified as a situation out of the Tripster’s control, majorly a breakdown of the vehicle. In this case, Trippie team must be informed and the Customer will relist the trippie, using the breakdown location as the pick-up address and plausibly get another offer from another Tripster. In a circumstance where this may not be possible, the Tripster still needs to maintain an active communication with the Customer, and they can decide on the best way forward. Where the Customer can successfully accept an offer from a new Tripster, the payment terms between the Tripsters will be decided by Trippie on a case by case basis.

Updates

General Updates

Trippie may provide updates, upgrades, patches and other modifications to the App (together Updates) that must be installed in order for a User to continue to use the App properly or at all. A User may be required to install Updates to the App or to update or upgrade the device you use to access the App or the operating system running on that device in order to continue to use the App.  Unless we specify otherwise, Updates will be provided at no cost.

Although we use reasonable measures to ensure that any Updates to the App do not cause any problems in your use of the App, our liability to you to the extent that problems arise from such Updates is limited in accordance with the section of the App related to errors.

Trippie may at any time charge for use of the App, and modify, discontinue or restrict access to the App (or any part of it), temporarily or permanently with or without notice to you. To the extent permitted by law, you agree that we will not be liable to you or to any third party for any modification, discontinuance or restriction of the App.

User Generated Content

General user Generated Content.

A user must not post on the App, or transmit to other Users, any User Generated Content (including links to other content), or otherwise engage in any activity through the App, that:

contains photographs or images of another person, unless you are that person’s parent, custodian or legal guardian;

breaches the Intellectual Property Rights of any third party;

uses another person’s personal information other than for the specific purposes that person’s personal information was provided to you for;

implies that the User Generated Content is in any way endorsed, supported or sponsored by Trippie;

is intended to harass, annoy, threaten or intimidate any other User;

is false, misleading, defamatory, inaccurate, abusive, pornographic, racially or ethnically objectionable in nature, or otherwise objectionable; or

contains any Viruses.

Users must acknowledge and agree that:

Trippie does not control, and therefore is not responsible for, any communication between you and any other User that may have been initiated as a result of use of the App; and

the views expressed in User Generated Content may not be our views. While we will endeavor to monitor User Generated Content and exercise editorial control where possible, Users agree to inform us immediately if they come across any illegal activity, activity that is in breach of these Terms, activity they suspect might be in violation of these Terms or applicable laws, or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third-parties, we do not pre-screen the content, so Users hereby agree that they use the Platform and the Services at their own risk. We reserve the right to remove any User Generated Content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasons for such action. Users recognize and agree that Trippie bears no obligation regarding the risk, harm, damage, or loss that might occur from User Generated Content submitted to or distributed on the Platform. Users further understand that by providing their User Generated Content online, other people will have access to such content, and they will be able to copy, share or otherwise interact with such content. If Users do not want their content to be used as described the only remedy is to not share such content.

Trippie may at any time:

refuse to post any User Generated Content; or

edit or delete User Generated Content;

that we in our absolute discretion consider breaches the terms of this Agreement or is otherwise inappropriate for the App.

When a user publishes or uploads User Generated Content on the App, they are deemed to have granted Trippie a non-exclusive, perpetual and worldwide license to use such content on the App. The user also warrants that any such User Generated Content does not infringe the Intellectual Property Rights of any person or entity.  The user agrees to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with a breach of the warranty given by the user in this agreement.

If you provide us with any suggestions, comments or other feedback relating to the Platform (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Trippie, even after this Agreement is terminated. By providing such Feedback to Trippie, you acknowledge and agree that it may be used by Trippie in order to: (i) further develop, customize and improve Trippie Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Trippie-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Trippie may use to provide and improve its Services, (vi) to enhance Trippie data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback does not infringe on any third party rights; (2) irrevocably assign to Trippie any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

Ratings  

The sender and the tripster involved in a completed Trippie will be given the opportunity to rate the other user involved in the completion of this listing (collectively, “Ratings”).

You grant Trippie a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to publish the Ratings generated by you so that other users can see your Ratings of a other users when they are acting a sender or a tripster. during their use of the Services. In doing this, we agree that we will not publish your username or any information that would enable another Customer to identify you as the author of any Ratings or Review unless you authorize us to do so.

In the event of termination of this Agreement, the licenses granted in these terms will survive.

We strive to maintain a high level of integrity with respect to Ratings posted or otherwise made available through the Services. As such you agree that:

You will base any Rating on first-hand experience with a user with whom you have completed a trippie.

You will not attempt to influence a user’s rating of you through threats, bribery coercion or other such unethical conduct.

You will not submit a Rating in exchange for payment or other benefits.

Your Rating will comply with the terms of this Agreement.

If we determine, in our sole discretion, that any Rating is not compliant with these Terms, we may remove such Rating or Review without notice.

Ratings are not endorsed by Trippie and do not represent the views of Trippie or its affiliates. Trippie shall have no liability for Ratings or for any claims for any loses or damages resulting from such Ratings.

App Performance Limitations

General Limitations

All users must acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), the App is provided on an “as is” basis and all representations, conditions or warranties in respect of the App (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.

Trippie does not guarantee the App will be free from errors or that any errors will be corrected.

In particular, Trippie does not warrant that:

use of, or access to, the App will be uninterrupted or error-free;

the App will meet a user’s requirements;

the App will operate on all types of devices; or

the App will be secure or free from Viruses.

The user agrees that, to the maximum extent permitted by law, Trippie will not be liable to you for any form of loss or damage or injury, regardless of cause or origin, on any basis whatsoever, (including but not limited to breach of contract, warranty, negligence, strict liability in tort or otherwise), arising out of or in connection with use of the App or this Agreement. If, notwithstanding the foregoing, Trippie has any liability to a User for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to this user for all claims under this Agreement will not exceed the total commission paid by that user to Trippie in the three months prior to the time the liability arises.

The user acknowledges that:

they assume all risk when using the App, including (without limitation) all of the risks associated with creating listing accepting offers and transporting cargo;

Trippie does not have control over the accuracy, reliability, or completeness of User Generated Content and we make no representations or warranties as to such User Generated Content;

The App may contain links to other mobile applications, websites and resources provided by third parties, and that these links are provided for your information only. We have no control over the content on those applications, websites or resources, and accept no responsibility for any loss or damage that may arise from your use of them; and

Trippie is not responsible for any and all problems, conditions, delays, delivery failures and all other loss or damage arising from, or relating to, your network connections or telecommunications links or caused by the internet.

Legal Limitations and Indemnification

All Users will indemnify Trippie Ltd (including its employees and affiliates) against all costs, losses, expenses, and damages incurred through any claims against us resulting from your use of the App.

All Users, agree to indemnify Trippie Ltd (including its employees and affiliates) in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with:

• any person using your Account to gain access to the Services;
• your misuse of the Services;
• your breach of this Agreement; or
• your violation of any applicable laws, rules or regulations through or related to the use of the Services.

You agree that the provisions in this section will survive any removal or deactivation of your Account, this Agreement, or your access to the Services.

The exclusions and limitations of Trippie’s liability to you set out previously are subject to any rights the User has under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that cannot be excluded by agreement between Trippie and the User.

Ending the Agreement

Trippie may terminate this Agreement and cancel, or suspend, your Account for any reason whatsoever, without limitation.

A User may terminate this Agreement at any time by uninstalling and removing the App from the device(s) on which it is installed.

General

These Terms and Conditions constitute the entire agreement between Trippie Ltd and all Users in relation to the App and supersedes any previous understanding or agreements on that subject matter. 

If any part or a provision of the Terms and Conditions is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of the Terms and Conditions will continue to operate.

A provision or a right under these Terms and Conditions may not be waived except in writing signed by the party granting the waiver.

A party that has agreed to these Terms and Conditions may exercise a right, power or remedy under the Terms and Conditions at its discretion, and separately or concurrently with another right, power or remedy.  A single or partial exercise of a right, power or remedy by a party under these Terms and Conditions do not prevent a further exercise of that or of any other right, power or remedy.

These Terms and Conditions may be varied by Trippie at any time. Unless otherwise stated, amendments to these terms will be effective upon notifying Users of the changes via email, or by posting the changes on the App (including by push notification). Users must ensure that they have read, understood and agree to the terms in this Agreement. Users agree that their continued use of the App represents your agreement to be bound by the most recent terms. 

A user must not assign, transfer or otherwise deal with these Terms and Conditions or any of their rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

These Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.

Should a User wish to take any action against Trippie in respect of the App and/or this Agreement, all Users agree that any such action will be commenced only in the New Zealand courts, which courts will have exclusive jurisdiction over such actions and proceedings.01