TERMS AND CONDITIONS
Loop Carshare Terms and Conditions
1.0 DESCRIPTION OF SERVICE AND DEFINITIONS
Please read these Terms carefully before accessing or using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Loop. If you do not agree to these Terms, you cannot access or use the Services.
Definitions that apply to these Terms:
“Fees” means any costs, fees or charges that Loop may charge you in connection with your use of our Services under these Terms and further set out in the Fee Schedule;
“Fee Schedule” means the Fee Schedule set out https://loopcarshare.com/pricing/ which may change from time to time.
“Geofence Area” means the areas predefined by Loop as the exclusive area to start or end a Trip.
“Home Area” means the designated parking areas that are identified to you by Loop when you use our Services within the Geofence Area.
“Loop App” means our mobile device application which allows you to use our Services.
“Loop Car” means any Loop branded vehicle as well as any equipment or accessories installed by Loop (or any agents of Loop) on the interior or on the exterior of the vehicle.
“Loop Member” means any person who creates a Loop Membership which membership is approved by us;
“Loop Membership” means a person who has created an account with Loop in accordance with these Terms.
“Loop’s Business Hours” are 9am to 5pm, Monday to Friday excluding public holidays in New Zealand.
“Parking Rules” means the rules related to parking in the specific Geofence Area where a Trip ends. The Parking Rules, including any amendments, are incorporated by reference into these Terms and are detailed on Loop’s Website.
“Payment Method” means a valid credit or debit card number and associated payment information including, your name as it appears on the card, your card number, card type, and any activation numbers or codes we require to charge your card and your confirmation that you are authorised to use and that you authorise Loop to charge for any Fees, or other charges you become responsible or liable for under these Terms.
“Roadside Assistance” means the relevant Roadside Assistance programme for the mark of vehicle in question. Specific information can be found in Loop’s support documentation.
“Services” means all services that Loop provides to you in connection with your use of our website, the Loop App, Loop Cars or any other products or services we provide under or in connection with these Terms;
“Trip” means the period of hire of the Loop Car, beginning when a Loop Car is reserved or unlocked by a Loop Member via the Loop App and ends when the Loop Member ends the Trip via the Loop App.
“Multi-day Trip” means the period of hire of the Loop Car greater than 24 hours.
“Usage history” means your trip history, APP usage history and charges which are available for review in the Loop App and available at http://loopcarshare.com/.
2.0 APPLYING FOR LOOP MEMBERSHIP
2.1 Member Eligibility Criteria
To become, and remain a Loop Member, you must meet and maintain all of the following eligibility criteria:
- Be at least 21 years of age, and;
- Hold a full valid Type 1 car driver’s licence, and;
- Have a valid credit card and or debit card in your name as shown on your Driver’s Licence (except where a Loop approved letter of authority with a credit guarantor has been registered against your Membership)
You will also be asked for additional information to the eligibility criteria to complete your application for Membership which includes a physical residential address, valid contact mobile phone number, valid email address, driver’s licence number, type, expiry, date of birth and disclosures of any driving convictions, excluding parking fines.
You may also be required to undertake a credit check and/or criminal history check for Membership approval and maintaining Membership if requested by Loop. The results of these checks may result in a denied application or terminated Membership.
You also understand that a restricted amount of users can use the Loop service before the network reaches capacity. You also understand that your anticipated usage of Loop’s services is considered along with your Membership application, and that Loop can delay and or deny any application if your projected usage is incompatible with the network supply.
2.2 How to Apply for Membership
In order to use our Services, you must apply to be a Loop Member via our website, http://loopcarshare.com/ or through the Loop App. To do this, you must provide your driver’s licence information, a photograph and/or video of you and your driver’s licence, a valid Payment Method and up-to-date personal demographic information.
You agree that Loop may perform background checks on you and verify your personal information, including but not limited to driving history, identity verification, and credit card validation in its assessment of whether you meet its requirements to become a Loop Member. You agree that Loop can deny you membership, at its sole discretion, for any reason, using whatever requirements or criteria we choose. Loop is under no obligation to advise you before this review and/or verification occurs.
3.0 BUSINESS ACCOUNTS
A Business may apply for a Loop Membership. Businesses can allow their chosen employees (“Business Members”) to charge their Trips to that Business’ Loop Membership. Business Members are still required to have their own Loop Membership and are subject to these Terms. Business Members also accept that if a Trip is charged to another Loop Membership, that Loop Member will have access to that Loop Member’s Usage history. These Terms are separate from any agreement made between the Business and its Business Member.
The Business is responsible for all Fees or costs incurred by a Business Member where the Trip has been charged to its Business.
4.0 OBLIGATIONS AND ACKNOWLEDGEMENTS
You agree that Loop may change these Terms. You agree to any such changes that Loop makes if you continue to use our Services. In the case of a change to the Terms, Loop will notify you via the App and/or email about that change, but you are still responsible to check the Loop App and the Loop website frequently and read the most recent Terms to make sure you are up to date. The current version of these Terms is available at http://loopcarshare.com/ and via the Loop App.
In addition to the requirements in clause 2 of these Terms, you agree to hold and carry your valid driver’s licence during every Trip and maintain compliance with any restrictions imposed by your licence.
4.3 Use of the Loop Car
You will ensure that:
All reasonable care is taken in handling and parking the Loop Car;
- the Loop Car is left securely locked when not in use;
- no person interferes with the distance recorder or speedometer, or except in an emergency any part of the engine, transmission, or suspension systems of the Loop Car;
- the tyres are maintained at the proper pressure;
- a copy of these Terms is kept in the Loop Car throughout the Trip and is produced without delay for inspection on demand by an enforcement officer; and
- the Loop Car is not operated whilst any warning light or hazard indicator is activated.
4.4 Warning Lights
If any warning light in the Loop Car is activated, you must stop driving as soon as is safely possible and:
- refer to the manual in the glove box of the Loop Car and follow the instructions in the manual; and
- if you are unable to solve the problem, telephone Roadside Assistance.
4.5 Alerting Loop
You agree not to drive the Loop Car if there are any noticeable issues, and to immediately notify Loop to alert us of any problems. If at any time, whether prior to, during or after riding a Loop Car, you discover any defect or notice any potentially unsafe aspect in respect of any Loop Car, no matter how slight, you must not use the Loop Car or, if you are already using the Loop Car, you must immediately cease using the Loop Car when it is safe to do so.
4.6 Critical Events
You acknowledge and accept that your Loop insurance will not apply to any of the Critical Events listed below, and also that your Membership may be suspended or terminated, vehicle repossessed, and or fees charged as specified in the Pricing Schedule, if any Critical Events occur whilst using the Loop service.
You acknowledge that when using the Loop service, you shall not (each being a ‘Critical Event’):
- Allow or operate the vehicle without your physical Driver’s Licence.
- Allow anybody else to drive the vehicle unless they are an approved Loop Member.
- Allow anyone to smoke or vape in the vehicle.
- Use the vehicle recklessly or allow the vehicle to be used recklessly.
- Exceed the legal speed limit in the area where you are operating the vehicle.
- Allow any physical evidence that the vehicle has been used for the transport of domestic pets to be left in the vehicle when you end the trip. Please note this includes any smells, pet hair or window smudges. We encourage any pets to be transported within a suitable pet carrier container when in the vehicle. Please request a vehicle groom within the Mevo App if cleaning is required due to the transport of pets.
- Allow the vehicle to be used outside your control.
- Allow the vehicle to be hired or rented to another party.
- Allow the vehicle to be involved with any illegal activity.
- Use any hand-held electronic devices whilst driving the vehicle.
- Allow the vehicle to carry more occupants in excess of the manufacturer’s specifications, as detailed in the owner’s manual located in the vehicle’s glove box.
- Use the vehicle for transportation of passengers for a fare or reward unless you have prior written confirmation from Mevo and comply with Part 4A of the Land Transport Act 1998.
- Allow the vehicle to carry dangerous goods as defined by the Land Transport Rule: Dangerous Goods 2005.
- Allow or operate the vehicle in any circumstances when the driver is under the influence of alcohol or a drug which contravenes Sections 12, 56, 57-, 57A, 57AA or 58 of the Land Transport Act 1998.
- Allow or operate the vehicle in a manner which breaches the Land Transport Act 1998, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic in New Zealand.
- Register or claim to be entitled to register any interest in any Mevo vehicle under the Personal Property Securities Act 1999.
- Allow or operate the vehicle, for towing or propulsion of another vehicle.
- Interfere or modify any part of the vehicle, including the engines, transmission, suspension, brakes, body panels, chassis, batteries, glass or interior components, outside the intended use as detailed within the owner’s manual located in the glovebox.
- Allow or operate the vehicle when it is an unsafe or unroadworthy condition when such condition has arisen during the course of the hire, that has caused or contributed to damage or loss, when it would be reasonably expected that you were aware of the unsafe or unroadworthy condition of the vehicle.
- Leave or fail to remain at an accident scene, or event before the arrival of a tow or salvage operator.
- Refill the vehicle with any other fuel type other than what is listed on the fuel cap.
- Fraudulently use the fuel card.
- Allow the vehicle to be used on a beach, riverbed, floodwater or taken aboard a vehicle ferry.
- Allow or operate the vehicle beyond the terms of the Mevo Membership Agreement which includes the Individual Car Sharing Trip Agreement, or any agreed extension of terms which is agreed in an emergency circumstance.
- Allow the vehicle to be used in a manner or under circumstances that insurance might not be available (see Insurance Exclusions).
Loop has the right to terminate any trip without prejudice or notice and take immediate possession of the vehicle for any member who fails to comply with any terms of the this agreement. If you continue to operate the vehicle after Loop has advised termination of the trip, then Loop reserves the right to report the vehicle as stolen to the applicable authorities.
4.7 Road Rules
You are not allowed to use any Loop Car for or in connection with the commission of a crime. You agree that you will always take the necessary care, time, and effort to familiarise yourself with the road rules before you use our Services.
4.8 Unauthorised Use or Access
Once you become a Loop Member, you will receive a PIN via email. Except to the extent necessary to operate a Business Membership:
- you agree to keep any PIN, account details and password you may have private and confidential and that you are responsible for any unauthorised use of your account, unless any unauthorised use is a result of our negligence. You also agree to contact us immediately if you suspect your account may be used by an unauthorised third party or there is any other suspected fraudulent activity related to your Membership or the Services;
- you agree that it is your responsibility to keep your account details and any password safe and secure and that you are responsible for any reservations or bookings placed using your account details unless any breach of security was caused by us.
4.9 Duplicate Accounts
You agree to have a Loop Membership in your own name, for your personal use. The creation of a duplicate Loop Membership will result in your Loop Membership being suspended and we may charge you for any loss or damage caused as a result of the duplicate account.
4.10 Changes to your personal information
You must keep Loop informed if your key personal information (name, address, phone number, e-mail, driver’s licence, and payment information) changes. If you do not immediately update us when your phone number, e-mail address, and key personal information changes, then you are liable for all damages, fees, and costs that may result. E-mail is our preferred method of communicating with you about service changes or announcements. However, we will communicate with you by phone if we need to get in touch with you while you are on a Trip or if we need to reach you about an urgent matter.
4.11 Changes to Your Driving Record
You agree to immediately inform Loop of any driving related offences (including traffic tickets or speeding tickets) you incur or receive, and any accidents you are involved in. You agree to update us any time your driving record changes. You also agree to cooperate with any requests for additional information about your driving record, including requests Loop may make to or receive from any third-party. If you have a licence that is suspended, revoked, expired, or surrendered we have the right to immediately suspend or cancel your Loop Membership and end any Trip (at your expense).
4.12 Loop’s Responsibilities
Loop will supply a Loop Car in a safe and roadworthy condition, up to current warrant of fitness standards. We will be responsible for all costs of running the Loop Car to the extent that those costs are not costs payable by the Loop Member under these Terms.
5.0 USING LOOP’S SERVICES
To use our Services, you will need to:
- log in to your Loop Membership on the Loop App;
- Find a Loop Car that fits your requirements and click reserve or start a Trip immediately. If you make a reservation, the Loop Car will be unavailable to other Loop Members after you make your reservation;
- Locate the Loop Car and follow the steps in the Loop App to get access to the Loop Car. A Trip is started when you identify the Loop Car, follow the steps on the Loop App and in 5.2. below, and press the “Unlock Vehicle” button. You will then be able to drive to your intended destination;
- At the end of your Trip, return the Loop Car to a Home Area in accordance with the Parking Rules and clause 3 below.
5.1 Cancelling your reservation
Loop may charge you a cancellation fee if you cancel your reservation without using the Loop Car. See clause 6.2 for cancellation charges.
5.2 Before you start your Trip
You must inspect the Loop Car for any damage or excessive soiling before you start your Trip. You must immediately inform Loop for any observed damages, or problems with the Loop Car or Services prior to beginning your Trip. You must not continue with your Trip unless Loop have approved that you may continue. You must have sufficient funds available to pay for your intended Loop trip prior to booking in the app or taking a vehicle.
5.3 Ending your Trip
To end a Trip you must park the Loop Car in the Home Area in accordance with the Parking Rules. Once parked, you must ensure that the key and fuel card have been returned to the designated holder in the Loop Car, all windows and doors are fully closed, and all interior lights have been turned off. You may then end the Trip via the Loop App. The Trip is ended only if the Loop App confirms that the Trip has ended and if the Vehicle is locked. If the Trip cannot be ended for any reason, you must contact Loop via telephone during Loop’s Business Hours so that Loop may end the Trip remotely and provide confirmation and exit instructions to you. If your issue with ending the trip occurred outside of business hours you must lock the vehicle with the key so that it is secure and keep the key with you, then contact Loop during business hours for next steps. If you leave a Vehicle unsecured because you failed to end a Trip correctly, you will be liable for any damages to that Vehicle as a result. Loop reserves the right to end a Trip remotely for any reason, including if Loop is unable to contact a Loop Member in connection with an ongoing Trip.
5.4 What Happens To Items You Leave in Our Cars
We are not responsible for any loss or damage to any property you or any passengers leave in a Loop Car or at Loop’s HQ. We strongly encourage you to look around the Loop Car before you end your Trip for your property. We will endeavour to assist you with returning your property, but you agree that we are under no obligation to notify you or take a Loop Car out of service to recover or check for your lost property. If you find any property in a vehicle that does not belong to you, please contact Loop. In the case of finding another Loop Member’s property, please leave the item in the Loop Car and Loop will endeavour to arrange for it to be returned.
5.5 Keeping the Vehicle Clean
You agree to leave the Vehicle as clean as you found it and that you will clean up any mess that you have made before you end your Trip. If you cause any mess to the Loop Car during your use, you must immediately notify Loop.
5.6 Fuel Charges
Fuel charges are included in your Trip. You must refuel the Loop Car if the fuel indicator falls below 25%. Loop provides a Z Fuel card located inside the glovebox of each Loop Car. More information on Z Fuel cards can be found through https://z.co.nz. The fuel card in each vehicle must ONLY be used for filling that specific Loop vehicle with fuel. The registration of the vehicle being filled with fuel must match the registration printed on the fuel card being used for payment.
6.0 PAYMENT AND FEES
By using our Services and Loop Cars, you agree to pay us the price for each Trip, Fees or any other amounts in accordance with these Terms.
6.1 Trip Charges
At the end of your Trip, we will charge your Loop Membership Account for the price and any additional Fees incurred from your Trip. Our Fees are set out in clause 6.2. You agree that Loop can charge you for any Fees after your Trip if Loop determines that you have breached any obligation under these Terms, specifically in relation to your use of a Loop Car. This may occur immediately, or several days or even several weeks after a Trip concludes, such as in the case of a traffic and/or parking offence infringement fees, or toll. Loop reserves the right to take payments after each 24 hour period for trips lasting longer than one day.
The price for your Trip is calculated on a per-minute basis subject to a $5 minimum charge. Prices may also differ depending on the vehicle type, location, time of day or day of the week. Prices for our Trips are located at http://loopcarshare.com/pricing/. You acknowledge that you will be liable to pay us for any applicable additional charges which may include:
- Unlocked Fee: We may charge you a fee for leaving the Loop Car unlocked;
- Loop Car relocation or repossession expenses and costs: You will be liable to pay additional charges if you fail to return the Loop Car to the Home Area and within the maximum Trip time including relocation costs, repossession or transportation incurred in recovering the Loop Car;
- Fines and/or toll road charges: you are liable for the cost of all fines and/or road tolls incurred in relation to the Loop Car during your Trip in accordance with clause 6.5;
- Key Replacement Costs: you will be liable to pay for the cost of replacing any key not returned with the Loop Car and/or any replacement key provided to you;
- Charges for cleaning and/or deodorising: We may charge you for the costs of returning the Loop Car to the same condition it was in immediately prior to the beginning of your Trip, including but not limited to additional cleaning and deodorising in excess of the cleaning that is usually required (as determined by us). This includes, but is not limited to, cleaning and/or deodorising necessitated by spillage of fluids, food, vomit, stains, smoke, unpleasant odours and animal hair.
- Interest on any unpaid amounts: Loop may charge you interest on due and unpaid amounts under these Terms calculated at the rate of 5% above the interest rate payable by Loop to its bankers for unsecured overdraft accommodation, on a daily basis from the due date for payment to the date the payment is actually received;
- Damage Costs: Loop may charge you for costs relating to damage to or repair of the Loop Car and any enforcement or debt collection charges relating to such damage or repairs, including legal cost (on a solicitor-own client-basis);
- Damage Administration Fee: Loop may charge an administration fee for the administration costs relating to any damage to a Loop Car.
- Administration Fees: Loop may charge you administration fees in relation to any Infringement Fee as defined in clause 6.5 debiting your Payment Method. This is the cost of Loop processing or sending notices in relation to any Infringement Fees.
- Loss of Vehicle Fee: Subject to the cover provided by any insurance, if you cause damage that makes a Loop Car unavailable for use by Loop Members, Loop may charge you a fee for each day that the Loop Car is unavailable for use by Loop Members, until the Loop Car or a replacement Loop Car is available for use.
- Unauthorised Parking Fee: Loop may charge you a fee if you fail to park in accordance with the Parking Rules.
- Lost Fuel Card Fee: Loop will charge you a fee if you lose or take a fuel card from a Loop Car.
- Non-Collection Fee: If you start a Trip, but do not use the Loop Car within the specified time, Loop will charge you a non-collection fee.
- Re-Fuelling Administration: If you fail to refuel a Loop Car in accordance with these Terms, we may charge you an administration fee for the administration costs relating to refuelling the Loop Car.
6.3 Collection Agency
Loop may assign the account to a third party collection agency or take legal action to collect on the unpaid balance. You will be responsible for any fees, expenses and legal costs incurred by Loop as a result of your failure to pay amounts you owe to us on the due date under these Terms.
You agree that you have sufficient funds on your Loop Membership to use our Services. You agree that you are authorised to pay for our Services using the Payment Method on your Loop Membership. You unconditionally and irrevocably agree that we are entitled to charge your Payment Method for any amounts you owe us in connection with your use of our Services or otherwise under these Terms. You agree to have available funds on your Payment Method or otherwise pay any amounts due to us at all times before using our Services. You are liable for any fees or costs that your bank may charge you arising out of us taking any payment or attempting to take any payment from your Payment Method in relation to any amounts due to us by you. You can view your Trip History on the App or at www.loopcarshare.co.nz. Even if your Loop Membership ends, you agree that Loop is entitled to charge your Payment Method for all sums owed to Loop.
6.5 Your Liability for Infringement Fees
You are liable for all fines, penalties (and other similar costs or charges) incurred during, or as a result of, the Trip related to traffic and/or parking offences, including any and all infringement fines or fees for speeding offences, failure to comply with traffic or road signals or rules, toll charges (and late payment penalties), parking tickets and vehicle clamping fees (“Infringement Fees”).
We undertake, in the event of receiving a notice of any traffic or parking offence, to send a copy of and any reminder notice to you as soon as is practicable. You authorise us to provide such information as is necessary or required to the relevant issuing enforcement authority for such notices to be directed to you.
You have the right to challenge, complain about, query or object to the alleged offence to the relevant issuing enforcement authority, and have the right to seek a court hearing within 56 days from the date of issue of the infringement notice (by the relevant authority) or 28 days from the date of issue of the reminder notice) (by the relevant authority).
6.6 Lost or Stolen Loop Cars
If a Loop Car is not returned within 24 consecutive hours, then the Loop Car may be deemed lost or stolen in Loop’s sole and absolute discretion, and a police report may be filed with local authorities. The data generated by the Services is conclusive evidence of the period of use of the Loop Car by you. You must report any disappearance or theft of any Loop Car to Loop immediately (or as soon as possible if you cannot report it immediately).
6.6 If you want to dispute our Fees
If you do not agree to any charges we have made to your Loop Membership, you must notify us within 14 days from the date that the invoice was issued (“Timeframe”) (except in relation to Infringement Fees as recorded in clause 6.5 of these terms). If you do not contact us within the Timeframe, subject to clause 6.5 in relation to Infringement Fees only, you agree that you have waived your right to dispute the charges. Refunds are subject to review and approval on a case-by-case basis at Loop’s sole discretion.
6.7 Keeping Us Informed About Your Membership and Vehicle Damage
If you make any statements to Loop in connection with your membership which are untrue, or fail to disclose requested or important facts, we may immediately reject your application or suspend or cancel your membership. You will also be responsible for any loss, damage, fees, or expense incurred by Loop, or any third party, that are caused by your breach of this clause.
6.8 Payment terms on Multi-day Trips
Loop reserves the right to charge funds from the Loop Members registered Payment Method during the Trip up to the full amount of the current Trip cost. The funds will be taken within business hours every 48 hours after the start of the Trip. The Loop Member will receive an email notification each time the funds are held from their Payment Method. All funds held will be refunded at the conclusion of the trip, during business hours, after the full amount has been charged to, and received from, the registered Payment Method. Please note that this refund may take 5-7 business days to show up on your bank records depending on your bank.
6.9 Declined Transactions
If a transaction is declined for any reason, the Loop Member will be notified via any combination of the following contact methods: phone call, SMS and / or email. Once the Loop member has been notified, they must contact Loop Carshare via the instruction in the notification that they have received and arrange payment within 2 hours of the notification or the vehicle will be immobilised and retrieved by Loop Carshare at the Loop Members cost. Until the vehicle is in Loop Carshare’s possession, the Loop Member remains responsible for the vehicle as per all other Terms. At Loop’s sole discretion, a police report may be filed with local authorities and any unpaid charges passed onto a debt collection agency.
6.10 Fuel Cards
Loop Carshare retains the right to check fuel card usage at any time and can, entirely at Loop’s own discretion, restrict that card from completing transactions for any reason.
Loop may issue credits to you to be used toward future Trips in lieu of refunding you certain fees, costs or expenses related to the use of Loop Cars. These credits have no monetary value, cannot be exchanged for cash and are not transferable to any third party. Loop may also offer free credit to member accounts at sign-up, this credit is only valid for a period of 1 month. The valid period may be extended at the sole discretion of Loop and is not redeemable for cash or in kind in any way.
Motor Vehicle Insurance is included in the charge for every Trip. The Loop Member using the Loop Car has the following:
(a) insurance cover in respect of any liability that the Loop Member might have with respect to:
- Loss or damage to the Loop Car and its accessories and its spare parts;
- Other expenses of Loop, including towing and salvage costs associated with the recovery of the Loop Car and its accessories and spare parts; and
- insurance cover in respect of any liability that Loop might have for damage to any property belonging to any other person arising out of use of the Loop Car.
You acknowledge that an excess of $1,500 for New Zealand Driver Licence holders, and $3,000 for International Licence Holders, applies to any claim we make to our insurer that is accepted by our insurer. You are liable to pay that excess to us. If our insurer does not accept any claim made by us, we reserve the right to make a claim against you for the total cost of any damage, costs and expenses that were the subject of that insurance claim.
A copy of the full insurance policy is available on request.
8.1 Own Repairs
Instead of making a claim to our insurer, you agree that Loop can elect to charge you for any damage caused by you under these Terms where we consider it (in our sole discretion) unnecessary or uneconomic to make a claim to our insurer. In these cases, you agree we can charge you a reasonable amount as if this were the excess amount that would otherwise be payable by you for an insurance claim.
8.2 Member Insurance
The Loop Member may make their own insurance arrangements provided they are approved by Loop. We will, however, not change our pricing for the Trip or suspend our own insurance. If a Loop Member’s own insurance cover is not comparable with the insurance cover provided by us, we have the right to refuse to allow you to use a Loop Car. Loop is entitled to any compensation paid to you by your insurer or any other third party in connection with damage to a Loop Vehicle. If you are paid money related to damage to a Loop Vehicle you must immediately transfer those sums to Loop.
8.3 Insurance Exclusions
Insurance is subject to:
- the excess set out in the Fee Schedule;
- a damage administration fee as detailed in the Fee Schedule; and
- the Insurance policy put in place by Loop (Loop’s insurance)
You must, in good faith, fully cooperate with Loop and our insurers on all insurance related matters including following directions, and providing reasonably requested information and assistance.
You acknowledge that there is no insurance cover for any personal items left in the Loop Car by you or any passenger, or which is stolen from a Loop Car or that is lost or damaged during a trip period or in relation to any items left in the vehicle after you complete your Trip.
Loops insurance will not provide cover for the following:
- the excess referred to in clause 8.0;
- if the Loop Car is being driven:
- in a manner which constitutes any Critical Event; or
- in a manner which means cover is excluded by Loop’s insurer; or
- in a manner which constitutes a breach of these terms.
9.0 LOOP CAN TRACK YOUR TRIP
You agree that we can track and monitor any behaviour that takes place in our Loop Car. In particular, you agree that we can track and store information regarding where you drive, how you drive, and when you drive our Loop Cars. Our Loop Cars are equipped with event data recorders (“EDR”) and airbag control modules (“ACM”) that automatically store information about the Loop Car from vehicle sensors. You agree that Loop is the owner of the information recorded by the EDR and ACM and can access such information from those devices without your permission. You also agree that Loop may contact you if it is unable to locate a Loop Car that you have previously used.
10.0 ACCIDENTS AND BREAKDOWN
If the Loop Car is involved in an accident, is damaged, breaks down or requires repair or salvage, you must call Loop on 0800 5667 227 during Loop’s Business Hours and as soon as possible within 24 hours so we can investigate the problem and help you. Please follow Loops instructions with respect to the Loop Car.
Following an accident involving the Loop Car, you must:
- if necessary, advise NZ Emergency Services by calling ‘111’ or if Police did not attend, call into the closest Police station to report the incident and get a copy of the Police report;
- record full details of all parties, witnesses to, and vehicles involved in the accident;
- if possible, take photos of the accident site and damaged vehicles and prepare a written statement of the facts;
- not make any admission of liability; and
- notify Loop.
If the Loop Car breaks down or requires repair or salvage (regardless of the cause), you shall contact the manufacturer’s Roadside Assitance as advised in Loop’s support material (depending on the vehicle type you are driving) and follow their instructions with respect to the Loop Car.
You must not leave the Loop Car until the Roadside Assistance has reached the Loop Car and the Roadside Assistance personnel have confirmed that you can leave the Loop Car. We will contact you during Loop’s Business Hours to discuss any further details. If a Loop Car requires repair or replacement the decision to supply another vehicle to you is at Loop’s sole discretion. You are responsible for all transportation costs to collect any replacement and for any accommodation/living expenses that are incurred. Do not arrange or undertake any repairs or salvage without Loop’s permission except if necessary to stop further damage to the Loop Car or other property.
You agree that you will not break, damage, make unauthorised use of, or steal any Loop property, intentionally or otherwise including a Loop Car, our website, the Loop App, other Services, and any other access materials or devices we provide you.
Loop will only be responsible for costs and expenses if such accident, breakdown or equipment failure has been caused by or contributed to by a breach of these Terms by or the negligent act, error or omission of Loop.
11.0 SUSPENSION OR TERMINATION / CANCELLATION OF YOUR LOOP MEMBERSHIP
11.1 Termination by you
You can cancel your Loop Membership at any time by contacting us by email at Hello@loopcarshare.co.nz
Loop is entitled to immediate payment of any Fees or amounts you owe to Loop upon cancellation of your Loop Membership and can charge your Payment Method. Loop reserves the right to keep your information for 7 years from the date of your last payment to Loop.
11.2 By Us
We can suspend or cancel your membership at any time for any reason. You agree that you have no vested rights in maintaining your Loop Membership, or in the use of any Loop Car or the Service upon becoming a Loop Member. Loop is entitled to immediate payment of all amounts owing to us upon cancellation or suspension of your membership.
During a suspension of your Loop Membership for any reason, these Terms remain in effect.
11.4 PROVISIONS THAT SURVIVE TERMINATION
You will remain bound by the following provisions after termination of these Terms:
- Section 6 Payment of Fees
- Section 12.0 Contacting You
- Section 13.0 Limitation of Liability
- Section 15.0 Retention and Use of Your Personal Information
- Section 16.0 Intellectual Property Rights
You will also remain responsible for all Infringement Fees and costs suffered or incurred in connection with your use of our Services or Loop Cars.
12.0 CONTACTING YOU
You agree that Loop may contact you by either calling and/or send text messages to your mobile phone or telephone. At Loop’s sole discretion, you may be liable to pay for any costs incurred by Loop for Loop receiving text messages or calls from your mobile phone. You agree that we may record or monitor any or all conversations that you have with us, without any further notification and for any reason.
13.0 LIMITATION OF LIABILITY
Except for claims against us under the Consumer Guarantees Act 1993 in relation to the Services we provide under these Terms:
- our liability for all and any claims arising out of or in connection with these Terms, or our Services, whether arising in contract, tort (including negligence) or otherwise will not exceed the total value of the Fees paid by the Loop Member in the 12 months prior to the date that you make a claim against us;
- we are not liable to you for any special, indirect, consequential or economic loss (including loss of profits) or damage suffered or incurred by the Loop Member in connection with the Loop Car or the Services or otherwise under these Terms;
- we will not be liable for any advice, information or instructions provided by third parties in respect of the Loop Car or Services.
To the maximum extent permitted by law and subject to the guarantees provided under the Consumer Guarantees Act 1993, Loop provides no other representations, warranties, or guarantees (either express or implied), regarding the Services or Loop Cars, or the results to be achieved from the use of the Loop Car or Services.
Any information or recommendations Loop may provide are for marketing or entertainment purposes only and you agree that Loop will not be liable for any information or recommendations that you have relied on.
If your membership is a Business Membership or you are a Business Member you acknowledge that you are procuring the Services from us for business purposes and the provisions of the Consumer Guarantees Act 1993 do not apply to you.
13.3 Service Availability
To the maximum extent permitted by Law, Loop will not be liable for any damages resulting from the use of or inability to use the Services, Loop Cars, the Website, or Loop App. This includes, without limitation, damage:
- caused by malware, viruses or any incorrectness or incompleteness of the information or the Website or Loop App, unless such damage is the result of Loop’s wilful misconduct or gross negligence; or
- resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties, or by computer programs used for electronic communications and transmission of viruses.
13.4 Loop Member’s Liability
Except to the extent that Loop’s insurance provides indemnity, you are liable for:
- any loss or damage to a Loop Car, its accessories and spare parts caused by the Loop Member or any third party (other than Loop) during the Trip;
- any loss of, or damage to, property of third parties during the Trip arising out of or in connection with the use or misuse of the Loop Car or the Services by the Loop Member or a third party (other than Loop); and
- any consequential damage, loss or costs, including salvage costs, loss of ability to make the Loop Car available to other members and loss of revenue, incurred by Loop in connection with the Loop Member’s use or misuse of the Loop Car or the Services (however that loss, cost or damage may have been caused).
You agree to release and indemnify Loop from and against all actions, claims, demands, losses, damages, costs or expenses, which you may suffer or incur or become liable for as a result of the use or misuse of the Loop Car or Services (unless such actions, claims, demands, losses, damages, costs, expenses, are directly and solely attributable to the negligence of Loop).
Even in the circumstance where the Loop insurance provides cover, the insurer reserves the right to subrogate against the driver if the insurance policy would not otherwise have responded but for the invalidation clause
14.0 LIMITATION ON AVAILABILITY OF SERVICES
Loop makes every effort to provide the Services 365 days per year, but we do not guarantee that the Services will be available at all times, as events out of control or other circumstances might prevent Loop from providing the Services. Access to the Services is also conditional on the availability of our Loop Cars. Loop does not represent or warrant the availability of the Services or the availability of any Loop Car at any time. You agree that Loop may require you to return a Loop Car at any time.
Loop reserves the right to prevent you from using a Loop or the Services Car at any time.
15.0 RETENTION AND USE OF YOUR PERSONAL INFORMATION
15.2 Personal Information
16.0 INTELLECTUAL PROPERTY RIGHTS
All intellectual property in our Services, Loop Cars, or website, including any content, images, logos or graphics are at all times, our exclusive property. You must obtain our written permission if you wish to use any such intellectual property.
Loop may assign, novate or otherwise transfer any of its rights or obligations under these Terms to any third party without your consent. You may not assign, novate or transfer any rights or obligations under these Terms to a third party without our consent, which may be withheld in our absolute discretion.
No waiver of any breach of these Terms shall be deemed to be a waiver of any other, or any subsequent breach. No failure or delay by any party in exercising any rights, power or privilege under these Terms shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under these Terms.
If any provision of these Terms is void, invalid, illegal or unenforceable, it may be severed without the rest of the Terms being affected or the enforceability of the other provisions in these Terms being affected.
20.0 ENTIRE AGREEMENT
These Terms constitute the entire agreement between us. They can only be modified by us. This Agreement contains everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by another party, or by a director, officer, agent or employee of that party, before this Agreement was executed, save as permitted by law.
21.0 GOVERNING LAW
These Terms are to be governed by and construed in accordance with the laws of New Zealand and the parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand for any matter arising under or touching these Terms.
22.0 HOW TO SEND US FORMAL NOTICE
Any time you want or need to send us formal notice you must do it in writing. Such notice shall be effective only upon actual receipt by Loop at the following address:
Mevo Limited T/A Loop CarShare
29 Marion St, Te Aro, Wellington 6011, New Zealand
Loop Carshare is operated by MEVO LIMITED, a New Zealand Owned and Registered Company