"Account ID Information" means the username and password that you provide on registration for the use of MyWay Hawke's Bay.
"Account Application Form" means the aggregate of the data collection screens that you complete upon registration for the use of MyWay Hawke's Bay.
"MyWay Hawke's Bay" means the rideshare service provided by Hawke's Bay Regional Council via the MyWay Hawke's Bay App.
"MyWay Hawke's Bay Account" means your New Account for use of MyWay Hawke's Bay and all the associated transactions or other activity that is recorded using your Account ID Information.
"MyWay Hawke's Bay App" means the smartphone and tablet application provided by MyWay Hawke's Bay for the facilitation of the MyWay Hawke's Bay service. The MyWay Hawke's Bay App is available from Google Play and the Apple App Store.
"MyWay Hawke's Bay Customer Contact Centre" means the call centre service that has been established to support MyWay Hawke's Bay and facilitate customer service in relation for the MyWay Hawke's Bay service.
"MyWay Hawke's Bay website" means the website that has been established to provide more information to the customers about MyWay Hawke's Bay at www.mywayhb.nz.
"Documentation" means any printed and electronic document or documentation (if any) provided to you in connection with MyWay Hawke's Bay by Hawke's Bay Regional Council, including but not limited to these Terms, instructional and operational manuals covering the use of MyWay Hawke's Bay any other quotations for the provision additional or optional components of MyWay Hawke's Bay or including licensing, support services or other services used in conjunction with MyWay Hawke's Bay.
"Estimated time of Arrival (ETA)" means the estimated time it will take for the vehicle to be at the pick-up location. Customers can use the MyWay Hawke's Bay App to track the vehicle in real time.
"Intellectual Property Rights" means a proprietary or personal right arising from intellectual activity in the business, industrial, scientific or artistic fields. It includes a copyright, trademark, design, patent, semi-conductor or circuit layout rights, trade, trade and service mark rights, business or Company Names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of these Terms and whether existing in New Zealand or otherwise.
"IVR" means Interactive Voice Response.
"Licence" means the license to use MyWay Hawke's Bay within these Terms. "Method of Payment" means the valid and current credit card details or debit card details that you associate with your MyWay Hawke's Bay Account for the purposes of paying for MyWay Hawke's Bay.
"Payment Terms" means those terms as detailed by clause 6) of these Terms.
"Restrictions of Use" means those terms as detailed by clause 3) b) of these Terms.
"Ride" means a trip using the MyWay Hawke's Bay.
"Ride Fare" means a fee associated with a Ride. Fees are published and updated on the MyWay Hawke's Bay website from time to time.
"Ride Proposal" means a proposed trip including details such as pick up location, drop off location, schedule time and date for schedule Ride, ETA for on demand Ride, number of seats, Ride Fare and Method of Payment that is presented to you for your reservation confirmation.
"Security Terms" means those terms as detailed by clause 5) of these Terms.
"SMS" means the Secure Message Service used by telecommunication operators that permits text or other messages to be communicated to any mobile phone service.
- MyWay Hawke's Bay is an on-demand rideshare service. Customers use the MyWay Hawke's Bay App to request, manage and pay for the Ride. MyWay Hawke's Bay is an on-demand rideshare service intended to help passengers travel between any two points within a specified service zone by specifying a pick-up location and a drop-off location. MyWay Hawke's Bay is currently being offered as trial in Hastings only, and as such, is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the evaluation of cost and benefit during the market research phase and our anticipation of demand for the service. The service parameters may be reduced or expanded to a broader geographic area and/or additional hours of operation in the future, based on the results of the trial. Should you have any recommendations for additional times and/or areas of service, please contact us at firstname.lastname@example.org.
- Hawke's Bay Regional Council owns the MyWay Hawke's Bay brand, MyWay Hawke's Bay logo and has a license to operate the MyWay Hawke's Bay technology.
- License Rights. Hawke's Bay Regional Council grants to you and you accept, a non-transferable and non- exclusive right to use, without the right to sub-licence, MyWay Hawke's Bay and the MyWay Hawke's Bay subject to the following terms:
- You are only licensed to use MyWay Hawke's Bay and the MyWay Hawke's Bay App, and acknowledge that there has been no title in the product passed on to you by Hawke's Bay Regional Council;
- You have registered to use MyWay Hawke's Bay and maintain a current MyWay Hawke's Bay Account with Hawke's Bay Regional Council;
- You acknowledge that Hawke's Bay Regional Council has full right to alter the MyWay Hawke's Bay App features or functionality from time to time as it deems appropriate and will publish appropriate release information on the Google Play and App store in relation to such modifications; and
- You acknowledge and agree your right to use Hawke's Bay Regional Council and the MyWay Hawke's Bay app may be revoked by termination of this agreement as specified by clause 14.
- Restrictions of Use. You will not and will not allow any third party to use MyWay Hawke's Bay app for any purpose other than to facilitate a Ride;
- Title. Title to and ownership of MyWay Hawke's Bay, the MyWay Hawke's Bay App, the Documentation, the MyWay Hawke's Bay brand and logo, all modifications (and all copies and portions) thereof, and all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property embodied in MyWay Hawke's Bay, the MyWay Hawke's Bay App and the Documentation, and modifications and derivative works thereof, is permanently and irrevocably vested in Hawke's Bay Regional Council and its suppliers and shall remain with Hawke's Bay Regional Council and its suppliers.
- Other than to the extent of the Licence granted hereunder, no licence, right or interest in any MyWay Hawke's Bay or any other of Hawke's Bay Regional Council's trademarks, service marks or trade names is granted to you under these Terms.
- You are required to register a new account ("New Account") via the MyWay Hawke's Bay App.
- If registering a New Account for the use of MyWay Hawke's Bay:
- You are required to provide the information requested by the Account Application Form including:
- your contact details (including your full name, your email and phone number);
- a username and password to be associated with your New Account (the "Account ID Information");
- the details of your method of payment;
- any further account information which may be required to protect the security of your New Account.
- You are able to maintain your New Account via the MyWay Hawke's Bay only. If you wish to delete your MyWay Hawke's Bay account, you will need to contact the MyWay Hawke's Bay Customer Contact Centre.
5. Security terms
- You are not permitted to disclose your Account ID Information to any third party and in doing so (to the fullest extent permitted by law), you relieve Hawke's Bay Regional Council of any liability it may or may not have to you in respect of any breach of misuse of your confidential information through the use of your Account ID Information by any third party (including any liability for any activity on your MyWay Hawke's Bay Account).
- You acknowledge that the applicable ride fees will be automatically deducted from your nominated credit card by any party who initiates and completes a ride via the MyWay Hawke's Bay App with your MyWay Hawke's Bay Account.
- You accept full responsibility for maintaining the accuracy of your information that is associated with your MyWay Hawke's Bay Account at any particular time - modifying, deleting, or adding such information as you determine to prevent any account inactivity.
- You agree to notify Hawke's Bay Regional Council immediately upon becoming aware of any unauthorised use of your Account ID Information
6. Payment terms
- Method of Payment
- You will provide a valid credit card or debit card to be associated with your MyWay Hawke's Bay Account at all times as the "Method of Payment" for your MyWay Hawke's Bay Account at any time.
- You warrant that the Method of Payment information that you provide will at all times be correct, valid, and current information that you are authorised to provide.
- You agree to update your Method of Payment details via the MyWay Hawke's Bay App, MyWay Hawke's Bay website, or MyWay Hawke's Bay Customer Contact Centre should your credit card or debit card be cancelled, suspended, expire or its details otherwise change.
- Failure to maintain your Method of Payment details accurately via the MyWay Hawke's Bay App may result in Hawke's Bay Regional Council suspending your account.
- As the MyWay Hawke's Bay is currently offered as a trial, credit cards and debit cards are the only accepted Method of Payment within the App. MyWay Hawke's Bay does accept cash payment.
- While Hawke's Bay Regional Council does not store or transmit payment card data, it does process card payments, which are subsequently handled by an external service provider who are certified as being PCI DDS compliant.
- Automatic deduction
- For any ride booking that is initiated with your MyWay Hawke's Bay Account, you authorise Hawke's Bay Regional Council to automatically deduct the ride fare using the Method of Payment that you have associated with your MyWay Hawke's Bay Account once your ride is complete.
- In the event that an automated payment that Hawke's Bay Regional Council is authorised to make with your nominated Method of Payment, is declined by your payment card provider:
- you will be notified and your MyWay Hawke's Bay Account will be suspended immediately. In such event, your MyWay Hawke's Bay Account will not be able to be used for the payment of a trip until your credit card or debit card balance is sufficient to pay the outstanding amount.
- you authorise Hawke's Bay Regional Council to attempt to recover the outstanding amount. If you do not pay the amount owing on your MyWay Hawke's Bay Account, after ninety days has passed since the date of the failed transaction, Hawke's Bay Regional Council will permanently disable your MyWay by Metro Account.
7. Your MyWay by Metro account
- Hawke's Bay Regional Council may, in its absolute discretion, suspend your MMyWay Hawke's Bay Account if you breach any of these Terms. In the event that we suspend your MyWay Hawke's Bay Account:
- the suspension will remain in force for such period as Hawke's Bay Regional Council may direct; and
- Hawke's Bay Regional Council may require the payment of a reasonable administration fee and impose such other terms as Hawke's Bay Regional Council deems necessary or desirable as a condition of reactivation of a suspended MyWay Hawke's Bay Account.
- Dormant MyWay by Metro Accounts:
- When your MyWay Hawke's Bay Account has been inactive for a continuous period of no less than 24 months ECan may, at its discretion, deem the MyWay by Metro Account to be inactive.
- At that point, Hawke's Bay Regional Councilwill make an attempt to contact you via email or other means as it may deem appropriate.
- If ECan is unable to contact you, after a further period of no less than 3 months, your MyWay Hawke's Bay Account may be closed and disabled. In such event, your MyWay Hawke's Bay Account will not be able to be used for the payment of Ride fees.
- You accept full responsibility for ensuring that your MyWay Hawke's Bay Account is current.
- You may disable your MyWay Hawke's Bay Account at any time by contacting the MyWay Hawke's Bay Customer Contact Centre.
- You agree to update your MyWay Hawke's Bay Account to reflect any changes in your details, name, contact number or payment details immediately upon the occurrence of such a change.
- You shall be exclusively responsible for the management, and control of your MyWay Hawke's Bay Account, including but not limited to:
- maintaining the confidentiality of your Account ID Information
- maintaining the validity of your Method of Payment; and
- ensuring that you follow the instructions for the correct and proper use of the MyWay Hawke's Bay App or other use the MyWay Hawke's Bay service that are published or otherwise notified by Hawke's Bay Regional Council from time to time.
- You must not modify or use MyWay Hawke's Bay in a manner which is illegal or interferes with the reasonable enjoyment or use of MyWay Hawke's Bay and related services by any other party.
8. Transaction details
All transaction details and other details recorded as a result of you using your MyWay Hawke's Bay Account will be recorded and retained by Hawke's Bay Regional Council and/or its suppliers.
The Ride Fees, charges and other amounts payable to Hawke's Bay Regional Council under these Terms are stated and payable in New Zealand dollars inclusive of GST, if any. A payment receipt will be provided to you through your MyWay Hawke's Bay App. If you need to make an expense claim or GST claim, please use a printout from your MyWay Hawke's Bay Account as a basis for your claim.
10. Request a ride
- MyWay Hawke's Bay allows you to request a Ride on demand or schedule a Ride in the future. Once you request or schedule a Ride, a Ride Proposal will be presented to you. You need to accept the Ride Proposal in order to confirm your reservation ("Ride reservation").
- You are solely responsible for ensuring the number of passengers ("your passengers"), pick up time, pick up and drop off locations in your Ride request are correct and accurate. If you do not indicate the correct number of passengers at time of booking, we reserve the right to refuse to carry to any additional passengers. If you arrive at the pick-up location with fewer passengers than confirmed in your Ride reservation, you will be charged the full amount for original reserved number of passengers.
- You are responsible for the conduct of your passengers.
- You must make sure you and your passengers are at the pick-up location at least 2 minutes prior to departure. If we require you to walk to the pick-up location, it will be clearly indicated in the MyWay Hawke's Bay App. If there is more than one passenger travelling, please make sure that your group has a responsible person to organise your group.
- We may substitute an alternative vehicle if deemed necessary at our discretion.
- We will endeavour to meet the requested pick up times. If circumstances beyond our control arise, we cannot be held liable should any delays result.
- We don't allow any itinerary changes.
11. Fare and fees
- Payment by Bee card will be collected when you board the MyWay vehicle.
- Payment by credit or debit card will be deducted automatically once you complete your Ride in the App.
- Cancellation policy
- You will not be charged any cancellation fee for the first Ride reservation cancellation.
- From the second cancellation onward, if you cancel a Ride reservation 90 seconds after accepting the Ride Proposal, Hawke's Bay Regional Council may charge you a cancellation fee.
- Hawke's Bay Regional Council will waive the cancellation fee if the vehicle arrives more than 5 minutes later than the ETA in the Ride Proposal.
- If you repeatedly cancel the Rides, Hawke's Bay Regional Council reserves the right to suspend your MyWay Hawke's Bay Account on 48 hours' notice.
- No-show policy
- A "no-show" is if you and your passengers are not present at the pick-up location and time designated in your Ride reservation. You will not be charged a cancellation fee for the first no-show.
- From the second no-show onward, Hawke's Bay Regional Council may charge you a cancellation fee of Adult $2.50 or Child $1.50.
- If you are not at the pick-up location due to vehicle arrival delay, Hawke's Bay Regional Council will waive the cancellation fee if the vehicle arrives more than 5 minutes later than the ETA in the Ride Proposal.
- If you repeatedly no-show, Hawke's Bay Regional Council reserves the right to suspend your MyWay Hawke's Bay Account on 48 hours' notice.
- MyWay Hawke's Bay may offer promotion codes with various features and rates. The promotion codes can only be used with MyWay Hawke's Bay and subjected to their stated conditions and expiration date. It is your responsibility to fully understand the rates and conditions for the promotion codes you use.
- MyWay Hawke's Bay does not offer any discount in Ride Fare for mobility-impaired customers.
- Additional Cleaning/Damage: Any damage incurred beyond normal wear and tear will be charged to the hirer. Any additional cleaning required to the vehicle beyond normal use will incur a minimum $100.00 cleaning fee. If a biological incident occurs on board, the driver has a specific kit for cleaning and disposing of this waste. An additional $100.00 fee will apply for the cleaning of this type of spill.
Hawke's Bay Regional Council, acting reasonably, reserves the right to refuse a refund for any Ride Fare and fees described in these Terms deducted from your Method of Payment.
13. Eligibility and conditions of carriage
A parent or guardian must register anyone under the age of 14 years old to use MyWay Hawke's Bay.
- Refusal to carry The driver of the Ride vehicle shall have the right to refuse to carry any person, or to seek to remove them from the vehicle if:
- The person is intoxicated, drugged, dirty, or behaving in a manner which is dangerous or offensive to other passengers or the driver, or who refuses to obey a reasonable request made by a driver under these circumstances.
- The person is accompanied by an animal (other than a Guide, or other assistance dog)
- The person possesses and/or consumes alcohol/drugs on board any Ride vehicles.
- The person is carrying a weapon or any noxious or illegal substance such as fuel containers and/or gas cylinders, explosives, corrosive or similar items on board any Ride vehicles.
- Travel with small children.
You are responsible to provide and install the child car seat securely before the start of the Ride and remove it at the end of the Ride.
As the MyWay Hawke's Bay is currently offered as a trial, three vehicles in the service trial fleet will be accessible to mobility-impaired customers.
For guidance only: Manual wheelchairs and power wheelchairs can be carried on wheelchair accessible MyWay vehicles subject to the following restrictions:
- Maximum length: 1200mm (including footplates/feet)
- Maximum width: 700mm
- Maximum weight: 300kg (combined weight of wheelchair and user)
Being able to operate within these dimensions and weights is necessary to enable safe negotiation of the ramp and manoeuvring into the priority seating area.
Some larger mobility equipment may protrude into the aisle. This is acceptable as long as it does not make it difficult for other passengers to move down the aisle.
- This agreement between yourself and Hawke's Bay Regional Council in respect of the use of MyWay Hawke's Bay may be terminated by Hawke's Bay Regional Council immediately upon:
- Any misuse by you of the MyWay Hawke's Bay App, or the MyWay Hawke's Bay service in any way;
- Any misuse of your MyWay Hawke's Bay Account by yourself or any third party including any fraudulent activity; or
- Any breach by you of any of these Terms;
- If after 90 days of your MyWay Hawke's Bay Account being suspended under clause 7(1), a valid Method of Payment has not been provided by you; or
- You become bankrupt or are otherwise unable to pay your debts in full as they fall due; or
- If Hawke's Bay Regional Council's license to operate the MyWay Hawke's Bay technology is terminated or Hawke's Bay Regional Council otherwise determines it will cease to provide MyWay Hawke's Bay.
- This agreement between yourself and Hawke's Bay Regional Council in respect of the use of MyWay Hawke's Bay may be terminated by you having provided 7 days' notice to Hawke's Bay Regional Council via the MyWay Hawke's Bay Customer Contact Centre that you wish to close your MyWay Hawke's Bay Account.
- Clauses 3), 17) and 20) survive termination of this agreement.
- Termination or cancellation of this agreement for any reason, does not affect any other rights or remedies available to either you or Hawke's Bay Regional Council which arose at or before the end of the termination of the agreement.
16. Notification services
ECan may communicate with you by telephone call, email, text message or posting a notice on the MyWay Hawke's Bay App.
You agree to receive emails from us at the email address you provided to us for purposes related to provision of MMyWay Hawke's Bay.
- In-App Notices.
- We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the MyWay Hawke's Bay App or sending an email to you.
- SMS Text Messages.
- You agree that SMS notification may be sent to the phone number you provide when (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your Ride vehicle is approaching the designated pick-up location, (iv) when your Ride vehicle is at the designated pick-up location, and (v) when you reset your password with the Service.
- Hawke's Bay Regional Council will not charge you for the SMS notification services but your telecommunications provider may charge you for transmission of, or receipt of, SMS services.
- You acknowledge that SMS messages are not always guaranteed to be delivered and that Hawke's Bay Regional Council cannot be held responsible for their successful delivery unless it is shown that the SMS failed to be delivered due to a fault with the MyWay Hawke's Bay App, or the MyWay Hawke's Bay website. (SMS messaging is a "store and forward" technology that depends on various cellular carriers and their networks. As such, individual messages are not guaranteed to arrive at their destinations and can also be delayed).
- You indemnify Hawke's Bay Regional Council against all actions, proceedings, claims, liabilities, penalties, costs (including legal costs on a solicitor and own client basis), awards, damages, losses and expenses arising directly or indirectly as a result of:
- You altering, interfering with or tampering with the MyWay Hawke's Bay App, your MyWay Hawke's Bay Account or your Method of Payment (or allowing a third party to do so);
- Your failure to comply with any of these Terms;
- The breach of these Terms by anyone using your MyWay Hawke's Bay Account with valid Account ID Information or valid Vehicle ID Information; or
- Your negligent or wilful acts or omissions.
- Your liability in respect of this clause 17) is reduced to the extent that it can be shown that Hawke's Bay Regional Council has contributed to such loss, damage or liability.
18. MyWay by Metro customer service
- You may contact Hawke's Bay Regional Councilin respect of any aspect of MyWay Hawke's Bay:
- By feedback in MyWay by Metro app
- By email to email@example.com
- By phone 0800 108 838 (hours of operation of the service)
- You may clarify or notify any disputed payment deduction by either of the methods in clause 18)a) and Hawke's Bay Regional Council will provide correct the error on your Account or otherwise provide a response to you at the address associated with your MyWay Hawke's Bay Account within 60 days.
20. Limited warranty, liability and disclaimer
- ECan makes no representation to you about the availability of MyWay Hawke's Bayor the MyWay Hawke's Bay App. If MyWay Hawke's Bay is not available, you are advised to seek transport alternatives.
- There may be scheduled maintenance of MyWay Hawke's Bay App from time to time, which will be notified on the App in advance.
- Warranties and Representations. To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to MyWay Hawke's Bay service, the MyWay Hawke's Bay App and the Method of Payment and your use of (or inability to use) such items, (including, without limitation, warranties of availability, accuracy, non-infringement, title, completeness, timeliness, currency, merchantability, or fitness for a particular purpose).
- In particular, Hawke's Bay Regional Council does NOT warrant that:
- The MyWay Hawke's Bay is error free;
- Use of MyWay Hawke's Bay App will be uninterrupted or will not result in loss of data;
- The MyWay Hawke's Bay App will function correctly on your particular equipment (personal computer, smartphone or otherwise).
- A Ride will start at the ETA or be completed within a particular journey time.
- Consumer Guarantees Act. Nothing in these Terms 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. If you acquire any goods or services from us for the purposes of a business you agree that the guarantees and remedies provided in the Consumer Guarantees Act 1993 will not apply.
- Indirect Losses. To the maximum extent permitted by law, Hawke's Bay Regional Council (and our respective employees, contractors, and agents) will not be liable (in contract, tort, or otherwise) to any party for any direct, indirect, special or consequential loss, damage, cost, expense, delay, or inconvenience that is suffered by that party in connection with:
- the issue, use of, inability to use, or reliance upon, MyWay Hawke's Bay, the MyWay Hawke's Bay App and an MyWay Hawke's Bay Account;
- any fees payable using MyWay Hawke's Bay including, without limitation, any MyWay Hawke's Bay Ride Fares;
- a MyWay Hawke's Bay Account being suspended or cancelled for any reason;
- any period where any equipment, software, or system is unavailable for processing MyWay Hawke's Bay Account transactions; or
- MyWay Hawke's Bay, Method of Payment, or MyWay Hawke's Bay App in any other way, even if we have been expressly advised of the possibility of such damages.
- any Ride delays.
- Limitation of Liability. If, we are found liable to you under these Terms (or in contract, tort, or otherwise), to the maximum extent permitted by law, our liability to you will not exceed in aggregate the reimbursement of any fees and Ride Fares deducted in error.
21. Accompanied items and lost property
- Accompanied items
- Large items may not be carried.
- All vehicles have bicycle racks capable of carrying at least 2 bicycles.
- Prams, pushchairs, baby carriages, and similar items may be carried on a vehicle at any time without charge, provided that there is room available and the safety or comfort of other passengers is not affected. These devices must either be capable of being manoeuvred or able to be carried by you and/or your support person. The driver may assist but is not obliged to lift / manoeuvre wheelchairs, prams or other heavy items. You are responsible to inform the driver through the MyWay Hawke's Bay App if you carry prams or many luggages so we can arrange for suitable vehicles.
- Battery powered mobility scooters may be carried by mobility-impaired customers on a vehicle if they are no longer than 1350mm, no wider than 650mm, do not have a fully laden weight of more than 200kg and are capable of turning easily from the door of the carriage into a designated parking area within the vehicle.
- Personal motorised mobility devices, such as Segways, are not permitted on the accessible vehicle.
- Guide (and other assistance) dogs may be carried free of charge at all times on the accessible vehicle. No pets or other animals (other than Guide or other assistance Dogs) may be carried on the vehicles.
- Customers may take hand luggage and small articles on vehicles without charge. Any article which is offensive or which may in the opinion of the driver cause danger, discomfort or inconvenience to other passengers is not permitted. The driver will not accept property for carriage on a vehicle unless a customer accompanies it.
- The driver will give reasonable assistance to customers who require it. However, they are not expected to lift any item heavier than 15kg, (i.e. the size of a small suitcase), or which is bulky or difficult to lift, or which presents a risk of injury to the driver.
- You must inform the driver through the MyWay Hawke's Bay App if you carry large items, prams, pushchairs, baby carriages, shopping jeeps, battery powered mobility scooters, non-motorised golf buggies and similar items or many luggage so we can arrange for suitable vehicles.
- Lost or Damaged Personal Items
All personal items (including luggage, sports gear, computers and bicycles) are stored and carried entirely at your own risk. You are solely responsible for the items and the contents thereof. Items left in our vehicles whose owner cannot be identified and contacted will be removed from the vehicle and will be stored at the operator's depot. Items will be available for collection during office hours. Please contact our customer service to confirm office hours for collection and the operator's depot location. If not claimed within three months items will become the property of Hawke's Bay Regional Council. We will remove and securely destroy personal data from the item and will then either donate any items to charity or recycle, dispose of or sell items. Hawke's Bay Regional Council is not responsible for any items transported by the passenger under his/her own care. We are also not responsible for loss or damage to money, securities or valuable items. If you find an item that somebody has left on the vehicle, please hand it to the driver as you leave the vehicle. However, if you believe an abandoned item is suspicious, please do not touch the item and alert the driver immediately.
- Assignment of Agreement
- You shall not assign or otherwise transfer your rights under these Terms. Any attempt to make such an assignment without Hawke's Bay Regional Council's consent shall be void and result in immediate termination of this Agreement without notice.
- Hawke's Bay Regional Council is entitled to assign or otherwise transfer its rights and obligations hereunder at its own absolute discretion.
- Non-waiver. Hawke's Bay Regional Council and you agree that no failure to exercise, and no delay in exercising, any right, power, or privilege hereunder, on the part of either party shall operate as a waiver of any right, power, or privilege. Hawke's Bay Regional Council and you further agree that no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise. The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
- Severability. If any part of these Terms is adjudged by any court of competent jurisdiction to be invalid, void or illegal, that judgment shall not affect or nullify the remainder of these Terms, and the effect shall be confined to sever the part immediately involved in the matter adjudged.
- Variation. These Terms may be varied by Hawke's Bay Regional Council at any time and such changes will be notified to you in accordance with clause 21) j), with reasonable notice prior to coming into effect.
- Governing Law. These Terms will be governed by, and construed in accordance with, New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all issues and disputes which may arise under or in relation to MyWay Hawke's Bay, Method of Payment or these Terms.
- New Zealand Use Only. MyWay Hawke's Bay is intended for use in Hastings, New Zealand and may not satisfy the laws of (or be appropriate or suitable for use in) any other country. You are responsible for compliance with applicable local law and you must ensure that accessing and using MyWay Hawke's Bay is not illegal or otherwise prohibited by the laws of your jurisdiction.
- Electronic Communications. You consent to receiving communications from us electronically (other than promotional messages under the Unsolicited Electronic Messages Act 2007, in which case we will obtain your consent to receiving such promotional messages in accordance with that Act) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
- Entire Agreement. These Terms, together with any other terms produced by us relating to MyWay Hawke's Bay incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior communications, representations, agreements or understandings, either verbal or written, between you and us with respect to the subject matter of these Terms.
- Force Majeure. Hawke's Bay Regional Council will not be liable for any non-performance, error, interruption, or delay in the performance of their obligations under these Terms or in the availability or performance of MyWay Hawke's Bay or the MyWay Hawke's Bay App, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of Hawke's Bay Regional Council, including (without limitation):
- flood, lightning, acts of God, fire, earthquakes, and other natural disasters;
- judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;
- failure of any electricity or telecommunications service (including the Internet);
- failure of any equipment, software, computer hardware, or system required for the operation of the
- System where the maintenance and repair of that item is the responsibility of a third party;
- the acts or omissions of any party for whom Hawke's Bay Regional Council is not responsible.
- Notices (which includes any written communications or statements may be):
- Sent by email to the email address provided by you on your MyWay Hawke's Bay Account;
- Sent by an SMS message to the mobile number you notified on your MyWay Hawke's Bay Account; or
- Given to you by any other way which the law permits
- Notices to Hawke's Bay Regional Council (which includes any written communications or statements may be):
In and for the purposes of interpretation of these Terms, unless inconsistent with the sub-context or subject matter:
- Reference to time unless otherwise specified shall be reference to New Zealand Standard Time (NZT).
- Reference to monetary amounts shall be reference to such amounts expressed in New Zealand Dollars (NZD).
- The headings in these Terms are for the purpose of more convenient reference only and shall not form part of this Agreement or affect its construction or interpretation.
- Except as otherwise expressed or provided, where under or pursuant to these Terms or anything done hereunder the day on or by which any act, matter or thing needs to be done falls on a day other than a business day, such act, matter or thing shall be done on the immediately succeeding business day.
- The obligations and liabilities imposed and the rights and benefits conferred on the parties in these Terms will be binding upon and in favour of the respective parties and each of their respective successors in title, legal personal representatives and permitted assigns.
24. Contact us
If you have any questions or concerns in relation to the MyWay Hawke's Bay App or these Terms, please Contact us.