Business Member Agreement - Terms & Conditions
Contracted supplier: Yoogo Share Limited
Rental Service Licence number: 0318255
Address: Level 11, 63 Albert Street, Auckland 1010
Phone number: 0800 GO SHARE (0800 467 4273)
Unless the context otherwise requires, the following words and terms have the following meanings:
Access Card means an access card for a Vehicle issued to a Driver.
Additional Kilometres means kilometres travelled over and above the Booking Kilometre Allowance
Agreement means these Terms and Conditions and the Membership Schedule.
Booking means the time that the Driver has pre-booked for the use of the Vehicle.
Booking Kilometre Allowance means the distance per 24hrs from the start of the Booking Period for which Yoogo Share will not charge an Additional Kilometre fee (as outlined in the Rentals, Fees & Charges Schedule).
Booking Period means the time from when the Driver’s Access Card opens the Vehicle to the time that the Access Card locks the Vehicle and taps their card on the Charging Unit to end the Booking at the Dedicated Parking Space. A minimum booking period of 30 minutes applies.
Business Day means a day, other than Saturday and Sunday, on which Yoogo Share's bank is open for business in New Zealand. Certificate of Registration means the certificate of registration for a Vehicle issued by the New Zealand Transport Agency.
Clean and Tidy Condition means a Vehicle that is reasonably clean and free from rubbish or other belongings taking into account fair wear and tear and is not in a Soiled Condition.
Commencement Date means the date from which the Business Member can use the Yoogo Share Business service as set out in the Membership Schedule.
Consumable means all charges payable pursuant to this Agreement not included in the Rental including all amounts payable pursuant to clauses 12 and 14, and as otherwise set out in in the Rentals, Fees & Charges Schedule.
Dedicated Parking Space means a clearly marked, numbered and sign written parking space within a Hub, in which a Vehicle can be parked and charged.
Driver means a person accepted by Yoogo Share as someone that can drive a Vehicle. A Driver is authorised by the Business Member to be linked to their account.
GST means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985 and includes, but is not limited to, any penalty, interest or other amount charged, imposed or levied on or in respect of goods and services tax.
Hub means the locations at which Yoogo Share will make Vehicles available, implement Dedicated Parking Spaces and install and operate Charging Units of Vehicles.
Infringement Offences means any of the following: speeding offences, offences in respect of failure to comply with traffic signals, toll offences and parking violations,
Membership Schedule means the cover page of this Agreement including the specific details relevant to the Business Member.
Rental means the charges for usage as set out in the Rentals, Fees & Charges Schedule.
Rentals, Fees & Charges Schedule means the schedule of fees and charges relating to both Rental and additional charges, a copy of which is available by request from Yoogo Share.
Business Member means the GST registered entity that is party to this Agreement and includes the successors, permitted assigns and agents of the Business Member.
Soiled Condition means a Vehicle that has been soiled (inside or outside) by a liquid or other foreign substance such as soil, smoke, mud, vomit or blood.
Vehicle includes any motor vehicle within the Yoogo Share Business that a Driver is permitted to drive for the Booking and includes the Vehicle’s accessories. The make, model and registration number of a Vehicle for a particular Booking will be identified to the Driver not later than 15 minutes prior to the commencement of the Booking Period and such details will form part of this Agreement.
2. Replacement Agreement
The Agreement comprises the Terms and Conditions and the Membership Schedule. This Agreement replaces any other Business Terms and Conditions executed or agreed by the Business Member prior to the date of this Agreement. If there is any conflict or inconsistency between the Terms and Conditions and the Membership Schedule, the Membership Schedule shall prevail to the extent of any conflict or inconsistency. Upon Yoogo Share and the Business Member signing the Membership Schedule or otherwise agreeing to the terms of this Agreement by electronic means, the parties will be bound by this Agreement.
3. Driver Access
a. Yoogo Share will provide an access request link (access link) by email to the Business Member to be distributed to each of its nominated Drivers.
b. Drivers can access Yoogo Share’s Driver self-set-up by clicking on this access link. The Driver will be asked for their full name, full address, company email address and phone number, additionally they will be required to upload a photo image of their driver licence and provide their consent for Yoogo Share to conduct driver licensing checks by accepting the Business Member Driver Rules as part of the sign-up process.
c. Yoogo Share will send the Driver’s Access Card either to the Business Member for distribution or directly to the Driver at their nominated address.
d. The Access Card is used to unlock and lock the Vehicle, and end the Booking by tapping their Access Card on the Charging Unit once they have returned to the Dedicated Parking Space.
e. A Driver who misplaces their Access Card must notify Yoogo Share as soon as reasonably practicable after they discover it is missing. A replacement Access Card will be provided within 10 Business Days and the fee prescribed in the Rentals, Fees & Charges Schedule will be charged to the Business Member.
f. Drivers nominated by a Business Member will be subject to acceptance by Yoogo Share before being granted access to Vehicles, and the Business Member on behalf of each nominated Driver agrees that Yoogo Share may access all details concerning the drivers licence and status of the nominated Driver before access is initially given, and at any time thereafter.
g. Yoogo Share will maintain a database of approved Drivers, including all details obtained from each nominated Driver in accordance with clause 3.b. The Vehicle may only be driven by those Drivers listed in the approved Drivers database who are authorised holders of Access Cards. The Driver of the Vehicle for a particular Booking, and all relevant details of that Driver, will be identified at the time the Booking is made.
4. Driver Responsibilities
a. The Driver must be aged twenty-one (21) years or over,and have held a full current driver licence for a minimum of three (3) years.
b. Overseas drivers must have been in NZ for less than 12 months and hold a full overseas driver licence or international driver permit that is in English, or has an accurate English translation, with validity of a minimum of three years or longer.
c. The Driver is responsible for the Vehicle during the Booking Period.
d. Ultimate responsibility for Drivers authorised by a Business Member to be linked to their account sits with the Business Member and the Business Member is fully responsible for the payment of all fees, charges and costs incurred by a Driver that is linked to its account and for ensuring that all Drivers linked to its account comply with the responsibilities outlined in this Agreement.
e. The Driver must hold, and carry with them on every Booking a valid driver licence appropriate for the Vehicle and must not allow the Vehicle to be driven by any person who is not the identified Driver for that Booking.
f. The Driver must use reasonable endeavours to avoid any loss or damage to the Vehicle or to third persons or their property.
g. The Driver must ensure the Vehicle is securely locked at all times when unattended.
h. The Driver must unplug the Vehicle from the charging station at the beginning of the Booking Period and plug back into the charging station at the completion of the Booking Period.
i. Should any vehicle warning light activate during a Booking Period the Driver must immediately and safely pull over to the side of the road and contact Yoogo Share.
j. The Driver must not;
i. Use or allow the Vehicle to be used for the transport of passengers for hire or reward;
ii. Sublet or hire the Vehicle to any other person;
iii. Use the Vehicle for any illegal purpose whatsoever;
iv. Use the Vehicle for off-road driving including but not limited to 4 wheel drive tracks, beaches, riverbeds, construction sites, legal unformed roads or on parks;
v. Drive recklessly;
vi. Operate the Vehicle or allow it to be operated in a race, speed test, rally or contest;
vii. Smoke or allow smoking inside the Vehicle or at any Hub;
viii. Allow any animals to be transported in the Vehicle;
ix. Allow the Vehicle to be operated outside his or her authority, including using the Vehicle to teach somebody how to drive;
x. Use any hand-held electronic device whilst driving the Vehicle;
xi. Operate the Vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the Vehicle;
xii. Allow the Vehicle to carry dangerous goods as defined by the Land Transport Rule: Dangerous Goods 2005;
xiii. Allow or operate the Vehicle in any circumstances when the Driver is under the influence of a drug or alcohol which contravenes Sections 12, 56, 57, 57a, 57aa or 58 of the Land Transport Act 1998;
xiv. Allow or operate the Vehicle in a manner which breaches the Land Transport Act 1998, Land Transport (Road User) Rule 2004, or any other act, regulation or bylaw in force within New Zealand;
xv. Interfere with or modify any part of the Vehicle outside of its intended use as detailed within the manufacturer guidelines and specifications located in the Vehicle's glove compartment;
xvi. Register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 1999;
xvii. Operate the Vehicle when it is unsafe or in an un-roadworthy condition;
xviii. Leave an accident scene or similar event before the arrival of a tow or salvage operator if required
xix. End the Booking without plugging the Vehicle back into the charging station associated with the Dedicated Parking Space;
xx. Use the Vehicle in a manner or for a purpose that may negatively affect the reputation of Yoogo Share; or
xxi. At any stage park the Vehicle in any illegal parking space.
k. The Driver must:
i. comply with all rules, instructions and regulations set by the owners and/or operators of any carparking premises (including those car parking premises at which a Hub is located);
ii. comply with all reasonable directions of Yoogo Share in relation to the operation of the Vehicle;
iii. comply with all laws applicable to the operation of the Vehicle; and
iv. ensure that a copy of these Terms and Conditions is kept in the Vehicle for the duration of the Booking Period and produced without delay for inspection by an enforcement officer. A copy of these Terms and Conditions and the details applicable for the Booking will be available via the Yoogo Share App.
5. Yoogo Share's Responsibilities
h. Yoogo Share will ensure the Vehicle is in a safe and roadworthy condition prior to the Commencement of a Booking Period, with a current Certificate of Registration and Certificate of Fitness, provided that Yoogo Share shall not be in breach of this Agreement if it has not been notified of any damage to a Vehicle before the commencement of a Booking Period.
i. Yoogo Share is responsible for all Vehicle running costs during the Booking Period except costs that are payable by a Business Member under this Agreement.
j. Whilst reasonable endeavours are used to ensure Vehicle availability, Yoogo Share does not guarantee availability of a Vehicle when required by the Business Member or Driver whether at a particular Hub or otherwise.
6. Beginning a Booking
a. The Driver can book a Vehicle in advance right up to the commencement of a Booking Period.
b. Use of Vehicles can be pre-booked via the Yoogo Share Mobile Apps, Yoogo Share's website or any other method that Yoogo Share may make available.
c. Bookings can be cancelled by a Driver right up to the start of the Booking time.
d. The Driver must collect the Vehicle at the Dedicated Parking Space as advised by Yoogo Share.
e. If the Driver is late for their Booking but within 15 minutes of the beginning of the Booking time, then the Booking will not be cancelled and the Business Member will be charged the Rental from the beginning of the Booking.
f. If the Driver fails to arrive for their Booking or arrives more than 15 minutes after the Booking time, then the Booking will be cancelled and the Vehicle will become available to the greater pool. The Business Member will be charged Rental for this 15 minute period. If the Business Member still requires a Vehicle then they must make a new Booking.
g. Yoogo Share may at any stage and for any reason whatsoever cancel a Booking. This may be done for any reason not limited to technical, mechanical, safety, capacity or emergency.
h. Before operating a Vehicle at the commencement of a Booking Period, the Driver must always complete a Vehicle condition inspection, and as soon as reasonably practicable report:
i. any damage to the Vehicle;
ii. the Vehicle being in a Soiled Condition; or
iii. the Vehicle not being in a Clean and Tidy Condition, to Yoogo Share. Yoogo Share will determine a solution which may involve making alternate arrangements for the Booking or cancelling the Booking.
i. The Business Member agrees that if a Driver fails to communicate any of the matters specified in clause 6.h (i)-(iii) at the beginning of the Booking Period, any such matter with respect to the Vehicle may be deemed by Yoogo Share to have occurred during the Booking Period and Yoogo Share may charge the Business Member:
iv. if the Vehicle is not in a Clean and Tidy Condition, the cleaning fee plus the administration fee relating to cleaning as outlined in the Rentals, Fees & Charges Schedule;
v. if the Vehicle is in a Soiled Condition, the soiled vehicle fee plus the administration fee relating to cleaning as outlined in the Rentals, Fees & Charges Schedule; and
vi. if the Vehicle is damaged, all amounts payable pursuant to this Agreement in relation to damaged Vehicles.
7. Vehicle Return
a. At the conclusion of a Booking Period, the Driver must return the Vehicle locked, free from damage and in a Clean and Tidy Condition to a Yoogo Share branded Parking Space in the Hub from which the journey was started, or, should Yoogo Share, at its discretion, introduce a system whereby Vehicles can be taken from one Hub and returned to another Hub, to a Yoogo Share Parking Space in any Hub that Yoogo Share has available for the Vehicle.
b. The Driver must plug the Vehicle back into the charging unit to end the Booking and begin charging. Failure to end the Booking on the Charging Unit will result in the Booking Period remaining active and Rental charges will apply until the Booking Period has been ended (irrespective of the pre-booked period of usage). In this case, an alert will be sent to the Driver by email to check if the Booking Period is still active and allow for the Driver to finish the Booking Period if not still active.
c. At the conclusion of a Booking Period, the Driver must complete a visual inspection of the Vehicle and ensure any new damage, or the fact that the Vehicle is in a Soiled Condition or not in a Clean and Tidy Condition, is reported as soon as reasonably practicable to Yoogo Share.
d. The Driver must check the Vehicle for any property of the Driver and remove all rubbish.
e. If a Driver notifies Yoogo Share, or Yoogo Share otherwise reasonably considers that the returned Vehicle is not in a Clean and Tidy Condition (including if the Driver fails to inform Yoogo Share and the next Driver informs Yoogo Share during their Vehicle condition inspection that the Vehicle is not in a Clean and Tidy Condition) then Yoogo Share will charge the Business Member a cleaning fee plus the administration fee relating to cleaning as outlined in the Rentals, Fees & Charges Schedule.
f. If a Driver notifies Yoogo Share, or Yoogo Share otherwise reasonably considers that the returned Vehicle is in a Soiled Condition (including if the Driver fails to inform Yoogo Share and the next Driver informs Yoogo Share during their Vehicle condition inspection that the Vehicle is in a Soiled Condition) then Yoogo Share will charge the Business Member a soiled vehicle fee plus the administration fee relating to cleaning as outlined in the Rentals, Fees & Charges Schedule.
g. If a Driver notifies Yoogo Share, or Yoogo Share otherwise reasonably considers that the returned Vehicle is damaged (including if the Driver fails to inform Yoogo Share and the next Driver informs Yoogo Share during their Vehicle condition inspection that the Vehicle is damaged) then Yoogo Share will charge the Business Member all amounts payable pursuant to this Agreement in relation to damaged Vehicles.
h. If another vehicle is parked in the Dedicated Parking Space the Driver must contact Yoogo Share and the support team will advise an alternate parking space for the Vehicle.
i. If the Vehicle is towed or clamped during a Booking Period:
i. the Driver is to call Yoogo Share immediately on becoming aware of towing or clamping, to make arrangements for the recovery or unclamping of the Vehicle and its return to its Dedicated Parking Space;
ii. the Business Member shall be liable for all costs incurred by Yoogo Share in the recovery or unclamping of the Vehicle; and
iii. the Booking Period shall be deemed to continue and Rental charges will apply until the Vehicle is returned to the Dedicated Parking Space (irrespective of the pre-booked period of usage).
8. Vehicle cleanliness
a. If Yoogo Share reasonably considers, or is notified by a Driver, that a Vehicle is:
i. not in a Clean and Tidy Condition; or
ii. in a Soiled Condition,
the Vehicle will be removed by Yoogo Share from availability and groomed accordingly.
b. If the Vehicle is in a Soiled Condition, then the Driver must remove as much as reasonably possible and contact Yoogo Share as soon as reasonably practicable.
9. Lost Property
a. Yoogo Share encourages every Driver to check all compartments, seats and storage spaces after the Booking Period is completed to ensure no personal property is left behind.
b. If a Driver is missing something or if a Driver finds any lost property then they must contact Yoogo Share as soon as reasonably practicable. The Driver is to leave the property secured in the Vehicle and Yoogo Share may arrange for it to be returned at the cost of the relevant Business Member.
c. The Business Member acknowledges that neither Yoogo Share nor any other Driver can be held responsible for any items left in a Vehicle during or after a Booking Period.
Where the Vehicle is involved in an accident:
a. The Driver is to call Yoogo Share immediately to procure assistance and otherwise take prompt steps to minimise, avoid or diminish the loss or damage or liability of Yoogo Share or its insurer. The Booking Period will end at the time of the call.
b. If required Yoogo Share will dispatch a roadside assistance contractor as soon as practicable.
c. The Driver is to make the Vehicle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts.
d. The Driver is to collect the registration of any other vehicle involved as well as the names, addresses and licence number of any other driver involved.
e. If the Vehicle is immobilised or otherwise unsafe to drive as a result of the accident, Yoogo Share will arrange to transport the Vehicle to a selected location and the Driver may be provided with alternative transport at the discretion of Yoogo Share. The type of alternative transport solution that may be provided by Yoogo Share (if any) will be selected at the discretion of Yoogo Share (acting reasonably) provided that such alternative transport is either:
i. reasonably sufficient to enable the Driver to complete the Booking; or
ii. sufficient to return the Driver to the Dedicated Parking Space.
In the event that an alternate Vehicle is provided by Yoogo Share, the Booking Period will re-commence form the time such replacement Vehicle is opened by the Driver
f. If the Vehicle is safe to drive, Yoogo Share may approve continuation of the Booking and will make contact with the Driver again at an appropriate time to complete any documentation relating to the accident.
g. The costs of the provision of any roadside assistance contractor or alternative transport following an accident shall be:
i. at Yoogo Share's expense where the reason for the accident is mechanical failure; and
ii. subject to clause 13, otherwise at the cost of the Business Member (with the Business Member to be invoiced the month following the accident).
h. The Driver is:
i. to provide Yoogo Share’s insurer with any information as may be reasonably required in connection with the accident (including completing any insurance claim forms as requested by Yoogo Share);
ii. not to admit it is liable or say or do anything that prejudices the Yoogo Share or its insurers ability to defend the claim or seek recovery;
iii. not to negotiate, or offer to pay reparation, including but not limited to, offers made as part of any case management conference or sentencing hearing; and
iv. allow Yoogo Share’s insurer the sole right to act in the Driver's name to defend, negotiate or settle the claim as Yoogo Share’s sees fit.
11. Breakdown Assistance
Where a Vehicle suffers a breakdown (including where a warning light is activated, or the Vehicle is immobilised or is unsafe to drive) otherwise than as a result of an accident at any time during the Booking Period:
a. The Driver is to call Yoogo Share immediately to procure assistance and the Booking Period will end at the time of the call;
b. Following such call, Yoogo Share will dispatch a roadside assistance contractor as soon as practicable;
c. The Driver may be provided with alternative transport at the discretion of Yoogo Share. The type of alternative transport solution that may be provided by Yoogo Share (if any) will be selected at the discretion of Yoogo Share (acting reasonably) provided that such alternative transport is either:
i. reasonably sufficient to enable the Driver to complete the Booking; or
ii. sufficient to return the Driver to the Dedicated Parking Space.
d. In the event that:
i. an alternate Vehicle is provided by Yoogo Share, the Booking Period will re-commence from the time such replacement Vehicle is opened by the Driver; or
ii. the Vehicle is sufficiently repaired bv the roadside assistance contractor Yoogo Share may approve the continuation of the Booking.
e. The costs of the provision of any roadside assistance contractor or alternative transport following a breakdown shall be:
i. at the cost of the Business Member (with the Business Member to be invoiced the month following the breakdown of the Vehicle). if the cause of the breakdown is Driver induced (including the Vehicle having a flat battery that is not otherwise caused by mechanical failure); and
ii. otherwise at the cost of Yoogo Share.
f. The Driver shall ensure that the Vehicle is kept secure and parked legally (to the extent reasonably practical) following any breakdown.
The Business Member is liable for:
a. Any loss of, or damage to, the Vehicle and its accessories during the Booking Period;
b. Any damage, loss or costs incurred by Yoogo Share in connection with the use or misuse of the Vehicle including any damage to property, injury or death of people, penalties and fines, any claims against Yoogo Share by a third party arising from their use/misuse of the Vehicle, and salvage costs;
c. Any loss of, or damage to, vehicles and property of third parties during the Booking Period arising out of or in connection with the use or misuse of the Vehicle.
The Business Member agrees to release and indemnify Yoogo Share from and against all actions, claims, demands, losses, damages, costs, expenses, or harm which the Driver or Business Member may suffer or incur or become liable as a result of the use or misuse of the Vehicle. Except as expressly set out in this agreement (including any types of loss or costs described in this clause 12 and clause 14.g), the Business Member will not be liable for any loss of profits and/or indirect or consequential loss.
a. Motor vehicle insurance is offered by Yoogo Share but the Business Member may make its own insurance arrangements provided these are approved by Yoogo Share in accordance with clause 13.c.
b. Unless the Business Member elects to be covered by its own insurance as approved by Yoogo Share in accordance with clause 13.c:
i. subject to the remaining provisions of this clause 13.b, provided a Driver fulfils their obligations as set out in these Terms and Conditions, including but not limited to providing Yoogo Share with all the relevant disclosures in relation to the Driver's driving and insurance history, its liability under 12 will be covered by Yoogo Share’s insurance policy when driving a Vehicle;
ii. Yoogo Share's insurance policy provides cover against loss or damage to the Vehicle. Details of Yoogo Share's Business insurance policy is available on request;
iii. The Business Member and Driver acknowledge that Yoogo Share’s insurance policy contains a number of exclusions, qualifications and limitations from cover. Where an exclusion, qualification or limitation applies the insurance cover referred to in this cause will not apply. In these circumstances the Business Member will be responsible for the matters specified in clause 12;
iv. By issuing a person with an Access Card, Yoogo Share authorises that person to become a Driver who can then drive under Yoogo Share's motor insurance policy;
v. A Driver must inform Yoogo Share immediately should any of their driving history details change, including but not restricted to revocation of their driving licence or any further endorsements or accidents. Failure to inform Yoogo Share in relation to a change in driving history could exclude insurance cover for the Business Member and or Driver;
vi. No cover is provided for the theft of personal belongings from the Vehicle, nor is any personal accident cover provided;
vii. Business Members are liable for any excess in the event a Driver has an accident. Excess rates plus any relevant administration fees are listed in the Rentals, Fees & Charges Schedule (with additional excess applying for Drivers using an international drivers licence). The excess is payable for each and every incident involving the Vehicle. If the damage is excluded under Yoogo Share’s insurance the excess will be considered part payment towards the total damage cost and any additional costs will be paid by the Business Member and
viii. Yoogo Share's insurer will not exercise rights of subrogation against Business Members (or Drivers) subject to the Vehicle being driven within the terms of Yoogo Share’s insurance policy and the Driver
complying with all applicable laws.
c. If the Business Member proposes to be covered by its own insurance (and not Yoogo Share’s), the Business Member will provide all relevant details of its proposed alternative insurance arrangements to Yoogo Share. Yoogo Share will review the alternative insurance arrangements and an administrative fee set out in the Rentals, Fees & Charges Schedule for this review may be charged. Yoogo Share will only approve the alternative insurance arrangements if these are comparable to Yoogo Share’s offered insurance policy. If Yoogo Share is not satisfied that the alternative insurance arrangements are comparable, Yoogo Share may decline to hire any Vehicles to the Business Member or to any of its Drivers.
d. If the Business Member elects to use its own insurance (and such insurance is approved in accordance with clause 13.c above), then the Business Member accepts all liability for all losses, costs and damages set out in this Agreement and agrees that Yoogo Share’s insurance does not apply to and will not cover any such losses, costs and damages.
e. Each party shall, at its own cost, obtain and maintain with a reputable insurance company public liability insurance cover which includes vehicle liability and contractual liability coverage, and is for an amount not less than $2 million.
a. The Business Member will pay to Yoogo Share all Rentals, Fees & Charges and Consumables for each Booking Period by either credit card, direct debit, or on monthly invoice payment terms by prior approval.
b. Where monthly payment terms have been approved and/or Guarantor provided, a tax invoice detailing the prior months Rentals, Fees & Charges and Consumables will be emailed to the Business Member Dedicated person on or around the 10th of the month following. All Rentals, Fees & Charges and Consumables will be paid by direct bank transfer or by direct debit two days following notification to the Business Member of the amount to be direct debited by Yoogo Share.
c. If a bank account number provided by a Business Member to Yoogo Share for payment purposes is declined by the bank then Yoogo Share may, at its discretion, suspend or cancel all Drivers linked to the Business Member's account until such time that Yoogo Share is satisfied accurate details have been provided and payment has been received by Yoogo Share.
d. If a bank account number is declined by the bank leaving the Business Member with an outstanding balance, then access to all Vehicles will be suspended for all Driver's linked to that account until full payment is received by Yoogo Share.
e. Rental for each Booking shall be calculated to the closest minute, hour or day rate whichever is the lowest. All Rental rates are as specified in the Membership Schedule. A day to which the Day Rate applies is a continuous period of ten (10) hours. Accordingly, additional Rental will be payable for any period that exceeds 10 (ten) continuous hours
f. Rental charges shall accrue from the beginning of a Booking (the beginning of pre-booked period of usage) and end at the end of a Booking Period (the time that the Access Card locks the Vehicle and activates the Charging Unit at the Dedicated Parking Space). During a Booking, a Driver may extend the pre-booked period of usage via the Yoogo Share Mobile Apps, Yoogo Share's website or any other method that Yoogo Share may make available. During such extended period, the applicable Rental will continue to accrue and be charged until the end of the Booking Period. In the event that a Booking Period ends after the conclusion of the pre-booked Booking period:
i. for the first 15 minutes after the conclusion of the pre-booked Booking, the Rental will continue to accrue at the rate otherwise applying to the Booking; and
ii. for the period from 15 minutes after the conclusion of the pre-booked Booking until the end of the Booking Period (the time that the Access Card locks the Vehicle and ends the Booking on the Charging Unit at the Dedicated Parking Space) the Rental will be charged at the minute rate set out in the Rental, Fees and Charges Schedule.
g. In addition to the Rental the Business Member is liable for all other charges and in the Rentals, Fees and Charges Schedule or as otherwise set out below including but not limited to;
i. Annual Membership Fee as set out in the Membership Schedule if applicable;
ii. Additional Kilometre Fee for usage above the Booking Kilometer Allowance;
iii. Any charges for loss or damage to the Vehicle resulting from a Business Member and/or Driver's failure to comply with these Terms and Conditions (subject to the other provisions of these Terms and Conditions) including the administration fee for accidents;
iv. Any cleaning fee plus the administration fee relating to cleaning arising from the return of the Vehicle not in a Clean and Tidy Condition.
v. Any soiled vehicle fee plus the administration fee relating to cleaning arising from the return of the Vehicle in a Soiled Condition.
vi. The fee for replacing any lost or damaged Access Card;
vii. All costs incurred by Yoogo Share in the recovery of a towed Vehicle;
viii. All road tolls charged to the Vehicle during the Booking Period;
ix. If, without the prior agreement of Yoogo Share, the Vehicle is not returned to its Dedicated Parking Space at the end of the Booking Period the Business Member will pay the relevant fee set out in the Rentals, Fees & Charges Schedule;
x. All penalties, fines and other costs for Infringement Offences incurred by the Driver during a Booking Period. Any fines and penalties that are processed by Yoogo Share will render the Business Member liable for Yoogo Share's administration charges as set out in the Rentals, Fees & Charges Schedule;
xi. Any costs Yoogo Share incurs, including legal fees, in collecting payments due from the Business Member (including the cost of debiting the Business Member’s credit card for an Infringement Offence, and processing and sending to the Business Member notices relating to an Infringement Offence);
xii. Any finance charges Yoogo Share incur for dishonoured, declined or failed payments and direct debits;
xiii. Any payment of an excess under clause 13;
xiv. Applicable fees for special information or data requests;
xv. Interest at the rate as detailed in the Rentals, Fees & Charges Schedule on any amount that is not paid on the due date, such interest to be calculated on a daily basis from the due date of payment until the actual date of payment in cleared funds.
xvi. Any payments made by credit card will incur a merchant fee surcharge.
h. The Business Member's entry into this Agreement shall constitute authority for Yoogo Share to calculate and charge against the Business Member's nominated bank account all monies due under this Agreement.
i. The Business Member shall pay GST in addition to the Rental and other charges, such GST being payable at the time the Rental and other charges are paid.
j. The Business Member must pay all amounts owing to Yoogo Share without set off or deduction.
k. Where a payment under this Agreement is due on a day that is not a Business Day, the due date will be the preceding Business Day.
15. Infringement Offences
a. Yoogo Share undertakes, in the event of receiving a notice of any Infringement Offence, to send a copy of the infringement notice and a copy of any reminder notice to the Business Member and/or the Driver (as applicable) as soon as practicable. The Business Member and/or the Driver (as applicable) authorizes Yoogo Share to provide such necessary information to the relevant issuing enforcement authority for such notices to be directed to the Business Member and/or the Driver (as applicable).
b. The Business Member and/or the Driver (as applicable) has the right to challenge, complain about, query or object to the alleged Infringement Offence to the issuing enforcement authority, and the Business Member and/or the Driver (as applicable) has the right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
c. If Yoogo Share receives a reminder notice for an Infringement Offence it may debit the Business Member’s bank account in accordance with clause 14.h for the amount of the penalties, fines and other costs relating to the Infringement Offence together with the applicable administration charges as set out in the Rentals, Fees & Charges Schedule.
d. If Yoogo Share pays any amount for which the Business Member or Driver is liable for an Infringement Offence, the Business Member will also be charged that amount together with the applicable administration charges as set out in the Rentals, Fees & Charges Schedule.
e. By agreeing to this Agreement, the Business Member and/or the Driver (as applicable) confirms that it has been notified of its liability for any Infringement Offences, its rights in respect of any Infringement Offences and Yoogo Share’s undertaking in respect of any infringement notices and/or reminder notices.
16. Vehicle Charging
Yoogo Share shall use reasonable endeavours to ensure a Vehicle is suitably charged at the beginning of a Booking Period but on occasion and depending on the type of journey the Driver may be required to recharge the Vehicle. The network of charging locations is continuously growing so if any doubt a Driver needs only contact Yoogo Share and the support team will direct them to the closest or most appropriate Charger.
17. Business Member and Driver Termination
a. Either party, unless specifically stipulated in the Membership Schedule, can terminate this Agreement on three months’ written notice at any time by submitting their request in writing, and at the conclusion of the three months’ notice period the Business member shall return all Access Cards associated with the Business Member's account to Yoogo Share.
b. Yoogo Share may terminate this Agreement or remove any Driver associated to the Business Member account at any time if either the Business Member or any of its Drivers materially breach any of these Terms and Conditions and if such breach is capable of remedy, the Business Member fails to remedy the breach or perform the obligation within 14 days after receiving notice from Yoogo Share specifying the material breach and requiring remedy. During the 14 day notice period, Yoogo Share may suspend the access of all Drivers linked to the Business Member’s account.
c. The Business Member may terminate this Agreement on written notice at any time if Yoogo Share materially breaches any of these Terms and Conditions and if such breach is capable of remedy, Yoogo Share fails to remedy the breach or perform the obligation within 14 Days after receiving notice from the Business Member specifying the material breach and requiring remedy.
d. Either party may terminate this Agreement on written notice at any time if the other party:
i. ceases to carry on all or substantially all of its business or operations;
ii. becomes, or is deemed to be, insolvent or bankrupt;
iii. makes an assignment for the benefit of, or enters into or makes any arrangement or composition with, its creditors generally; or
iv. goes into receivership or has a receiver, trustee and manager (or either of them) (including a statutory manager) appointed in respect of all or any of its property.
e. Any moneys owed to Yoogo Share at the time of termination will become immediately due and payable. The Business Member’s acceptance of this Agreement grants Yoogo Share the right to charge against the Business Member's nominated bank account all monies due and payable under this Agreement at the time of termination.
Yoogo Share respects a Business Member's and Driver's right to privacy and as a result Yoogo Share maintains a policy of strict confidence concerning all personal information (as that term is defined in the Privacy Act 1993). Yoogo Share's policy concerning the use and disclosure of personal information is;
a. All information collected is for the purpose of providing a Business service to Yoogo Share's Business Members and linked Drivers and for the provision of related services.
b. The Business Member acknowledges and agrees that Yoogo Share, or a third party on Yoogo Share's behalf, may from time to time contact the Business Member or linked Drivers with information about products, services and special deals offered by Yoogo Share or any other third party by post, email or other electronic means.
c. Yoogo Share may request personal information to verify Business Member or Driver identity. Yoogo Share will only speak to authorised Business Member contacts or Drivers in relation to their own accounts and not to any third party.
d. Some Business Member, Guarantor and Driver Information supplied must necessarily be shared, and the Business Member, Guarantor and Driver acknowledge that personal information may be disclosed to Yoogo Share's insurers, professional advisors and service providers, for the purposes of a credit check, to debt collection agencies and payments facility providers, to other parties involved in an accident with the Vehicle, or any organisations responsible for issuing, processing or handling traffic and/or parking related offences, or otherwise as permitted by the Privacy Act 1993.
e. Yoogo Share will not sell, lease, rent, loan or trade lists of any Business Member or Driver information.
f. Reasonable steps are taken to ensure Yoogo Share's information is accurate, complete and current. If any information is inaccurate then a Business Member or Driver is able to contact Yoogo Share and all reasonable steps will be taken to correct it.
g. All personal information is kept in a secure environment.
h. Under the Privacy Act 1993, individuals have rights of access to and correction of their personal information.
i. These policies may be superseded by requirements or obligations imposed by statute, regulation or legal process.
a. The Business Member and Driver acknowledges and understands that the Vehicle has been fitted with GPS and Telematics technology which among other things communicates Booking and usage information to the Vehicle and from the Vehicle back to Yoogo Share.
b. Subject to clause 19.f, the Business Member agrees (on behalf of itself and each Driver) that Yoogo Share may disclose to any affiliated or non-affiliated third party any personal data necessary for performance of the Agreement and/or with regard to the use of the Vehicle.
c. The Business Member and Driver acknowledge that Yoogo Share's technology utilises cellular and/or radio signals to transmit data and communications and therefore, privacy and security of transmissions cannot be guaranteed.
d. Subject to clause 19.f, the Business Member and Driver authorise and consent to the use of, disclosure of, access to and retrieval of any and all data and information produced or derived from Yoogo Share's technology.
e. The Business Member and all Drivers authorise Yoogo Share to use all abovementioned data and information to formulate reports, information and insights on both Vehicle usage and Driver behavior which will be shared with the Business Member.
f. Any data to be disclosed by Yoogo Share in accordance with clauses 19.b and 19.d shall be disclosed on the basis that it is aggregate information not attributable to or identifiable against the Business Member or any Driver, provided that Yoogo Share may disclose to the Business Member data collected concerning the Business Member’s individual Drivers.
20. Limitation of Liability
a. This Agreement is subject, in all cases except where the Business Member is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
b. To the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded. This Agreement constitute the sole understanding of the parties in relation to its subject matter and supersede all prior understandings, written or oral, which will be of no further force or effect.
c. To the extent permitted by law, in no event shall Yoogo Share be liable to the Business Member under or in connection with this Agreement and/ or the supply of the services (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
d. To the extent that Yoogo Share’s liability is not otherwise limited or excluded, and to the fullest extent permitted by law, Yoogo Share’s aggregate liability to the Business Member whether in tort, contract or otherwise for any loss, damage or injury in relation to the services is limited to the price paid by the Business Member for the services in respect of which the claims or claims are made.
e. Yoogo Share will not be in breach of any of its obligations under this Agreement because of any failure on Yoogo Share’s part due to a cause beyond Yoogo Share’s reasonable control.
21. Ownership of Vehicle
The Business Member acknowledges that any Vehicle is and shall remain the sole property of Yoogo Share and nothing contained in this Agreement or Membership Schedule will confer upon the Business Member any right of property or interest in or to the Vehicle and the Business Member shall at all times be bailee only of the Vehicle.
22. Credit checks
The Business Member acknowledges and agrees that Yoogo Share may use a credit reporting service provider to conduct a credit check on the Business Member and Guarantor and if required that; (i) the credit reporting service provider will give Yoogo Share information about the Business Member and Guarantor for the purpose of Yoogo Share's credit checks; (ii) Yoogo Share will give the Business Member’s and Guarantor’s personal information to the credit reporting service provider and that the credit reporting service provider will hold that information on their systems and use it to provide their credit reporting service. When other customers of the credit reporting service provider use that credit reporting service, the credit reporting service provider may give the information to those customers; (iii) Yoogo Share may use credit reporting services in the future for purposes related to the provision of credit to the Business Member (iv) if the Business Member or Guarantor defaults in its payment obligations, information about that default may be given to the credit reporting service provider, and that credit reporting service provider may give information about that default to other customers.
23. No Waiver
No failure or forbearance by Yoogo Share, to exercise, or delay in exercising, (in whole or in part) any right, power or remedy under, or in connection with, this Agreement shall operate as a waiver of that right, power or remedy. A waiver by Yoogo Share (which must be in writing) of any breach by the Business Member shall not be, or deemed to be, a waiver of any other or subsequent breach.
a. In consideration of Yoogo Share entering into this Agreement, the Guarantor unconditionally and irrevocably:
i. guarantees to Yoogo Share (as principal obligor, and not merely as a surety), the due and punctual compliance by the Business Member and each of the Drivers with their obligations pursuant to this Agreement; and
ii. indemnifies Yoogo Share against any liability or losses suffered by Yoogo Share as a result of this Agreement being lawfully disclaimed by any liquidator or receiver, or arising though default by the Business Member or Driver in the performance of the provisions of this Agreement.
b. The Guarantor's liability under clause 24.a constitutes a principal obligation of the Guarantor. No release, delay, granting of time, forbearance, compromise or any other indulgence given by Yoogo Share to the Business Member, or amendment, alteration, compounding, compromise, release, abandonment, waiver or other variation of any of the provisions of this Agreement, or any other thing by which the Guarantor would have been released, if the Guarantor had been surety only or otherwise, shall discharge, release, prejudice or affect the liability of the Guarantor as guarantor or indemnifier.
25. Assignment and Subcontracting
a. The Business Member shall not directly or indirectly assign, transfer or otherwise dispose of any of its rights or interests in, or any of its obligations or liabilities under, or in connection with, this Agreement except with the prior consent of Yoogo Share.
b. Yoogo Share may subcontract the performance of its obligations under this Agreement.
26. Responsibility for Drivers
The Business Member must procure that its Drivers are aware of the terms of, and comply with, this Agreement as if they had been parties to this Agreement. In the event of a breach of this Agreement by any of the Business Member’s Drivers, that breach shall be deemed to be a breach by the Business Member, and Yoogo Share shall be entitled to all remedies available to it under this Agreement or at law or in equity as if the breach of this Agreement by the Business Member’s Drivers was a breach by the Business Member.
27. Governing Law
This Agreement is governed by the laws of New Zealand. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
A notice pursuant to this Agreement shall be sufficiently given or served if delivered or sent by email to such party at the address set out in the Membership Schedule.
Yoogo Share may vary these Terms and Conditions by putting the varied terms on its website. Bookings 7 days after the date of the publication of the varied terms will be subject to the variation, and the placing of the Booking shall be deemed to be an acceptance of such varied Terms and Conditions.
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions will not affect the legality, validity or enforceability of another provision.
31. Rental rates (excluding gst)
Minute: $ 0.30
Airport one-way, incl. 90 mins travel time & airport surcharge: $19.00
Airport one-way, after initial 90 mins: Standard minute and hour rates apply
Airport one-way + Day, Overnight or Weekend: Standard rates + $3.50 airport surcharge
The Club: 4-week after-hours subscription: $344.36
33. Additional fees & charges (excluding gst)
Additional kilometres fee per km over 180km per day $0.40
Cleaning & Soil Admin fee $25 Charged in addition to the Cleaning or Soil Fee if not informed by the Driver
Cleaning fee $50
Soiled vehicle fee $195
Replacement access card $25
Failure to return car to designated hub/car park $150 + relocation costs
Cancellation fee: Same day cancellation $11.10
No show fee $11.10
Failure to plug the car into the charging unit at end of a booking (excl. Airport) $150
Failure to turn the car off at the end of a booking or leave unlocked $150
Accident Admin fee $150
Fines Admin fee $25
Interest on unpaid fees and charges 12%p.a.
Insurance excess $1,739.13