1. Formation
Acceptance
1.1 Welcome and thank you for reading our Membership Terms of Use (Terms). These Terms set out the terms and conditions on which you (referred to as the Member, you or your) agree to use the GoTo Car Share service (Service) provided by GoToNZ Limited, NZBN 9429049548686, Rental Service Licence 0327250 (referred to as GoTo Car Share, our, us or we).
1.2 When signing up to use the Service, we will ask you to provide us with a number of specific details, including the details of the Membership Plan you wish to select (Membership Details). These Terms are to be read in conjunction with the Membership Details. These Terms together with the Membership Details constitute the agreement between you and GoTo Car Share (Agreement). To the extent of any inconsistency between the Membership Details and these Terms, these Terms will prevail.
1.3 Words that are capitalised in these Terms have the meaning given to them in clause 17.1 or the Membership Details, unless the context requires otherwise.
1.4 By signing up to use the Service, you agree to be bound by the Agreement. If you do not accept the terms of the Agreement, you must cease using the Service immediately.
Term
1.5 This Agreement will commence on the date you sign up to use the Service and continues until terminated by either party in accordance with clause 12.
2. Sign Up
Sign Up Process
2.1 In order to access or use the Services, you must sign up on our Website and be approved by GoTo Car Share.
2.2 There are two types of people for the purposes of these Terms:
(a) Account Holder: this is a person (be they a natural or legal person) that has set up an Account. They are responsible for paying GoTo Car Share all Charges and other fees in relation to the use of their Account. Account Holders are also responsible for all Drivers using their Account.
(b) Driver: this is a person that is appointed by an Account Holder to access the Services under that Account Holder’s Account.
2.3 Please note that:
(a) If you are an Account Holder that is a natural person and would like to utilise the Services for yourself, we also require you to sign up as a Driver.
(b) As a Driver you are bound by these Terms except for those terms expressed only to apply to Account Holders.
Eligibility
2.4 Whether you are applying to be an Account Holder or a Driver, to be approved by GoTo Car Share, you must meet the eligibility criteria set out in our Policies from time to time and provide us evidence of that eligibility where requested.
2.5 For clarity, the eligibility criteria will differ for Account Holders and Drivers.
2.6 Notwithstanding the eligibility criteria set out in our Policies, we reserve the right to determine, at our sole discretion, whether you are eligible to use the Service or hold an Account, both upon entry into this Agreement and during the Term.
2.7 If we determine that you do meet the eligibility criteria we will notify you in writing, and if you are an:
(a) Account Holder, we will provide you with an Account and a summary of your Membership Details.
(b) Driver, we will provide access to the Service under the relevant Account Holder’s Account.
2.8 If we determine that you do not meet the eligibility criteria, we reserve the right to reject your application and/or suspend you from using the Service.
2.9 You warrant that all information you provide us will be true, accurate, current and complete.
Ongoing Disclosure Obligations
2.10 You must notify us:
(a) As soon as reasonably practicable, but no less than 48 hours before using a Vehicle, if there is a change in your circumstances that would affect your eligibility to access the Services or hold and Account or if any of the information provided pursuant to clause 2.4 has changed or is incorrect; and
(b) Immediately of any unauthorised access or use of your Account (if you are an Account Holder) or of the Account you are using (if you are a Driver).
2.11 If we reasonably believe any information you provide us is incorrect or untrue or that there is unauthorised access or use of your Account or the Account you are using as a Driver, we may suspend that Account or an individual Driver on that Account from using the Services.
3. App and Web Portal
3.1 The Services are accessed via the Web Portal and the App, which is available for smartphones including iPhones and Android phones. The App and Web Portal also provide GoTo Car Share contact details, the location of available Vehicles, bookings, booking history and booking costs.
3.2 You acknowledge that you will not use the App or Web Portal for any use other than what it is intended for or attempt to enter a Vehicle through any other means other than the App or Web Portal.
3.3 Any improper use of the App or Web Portal may result in suspension or termination as a Driver or Account Holder (as the case may be), referral to local authorities and or any applicable costs arising from damages to GoTo Car Share.
4. Privacy of Personal Information
4.1 By using our Service (including the App and Web Portal), you authorise us to collect, retain and use information about you in accordance with the Privacy Act 2020 and our Privacy Policy [insert hyperlink].
4.2 You agree to provide us with any consents we require to enable us to access any third party data, services or platforms to the extent we require such access to enable the proper provision of our Service.
Account Holder Specific Terms
5. Fees
Payment and invoicing
5.1 If you are an Account Holder, you must pay GoTo Car Share for any applicable Charges levied in relation to the use of the Service by you and your Drivers. You authorise GoTo Car Share to recover all Charges due and payable by whatever payment method agreed with GoTo Car Share from time to time.
5.2 You acknowledge that GoTo Car Share may suspend your Account and all Driver accounts linked to you as an Account Holder if you fail to pay any Charges when due.
Changes to the Charges
5.3 We may amend the fees set out in the Pricing and Fees Schedule or any other Charges without notice from time to time.
Disputing the Charges
5.4 If you dispute any Charges, you must notify us of the dispute within five (5) Business Days of the Charge and detail the nature and grounds of your dispute. GoTo Car Share will investigate your dispute and use its reasonable endeavours to resolve it. If you dispute GoTo Car Share’s decision, the parties will follow the dispute resolution procedure in clause 15.. This provision does not limit your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
Account
5.5 As an Account Holder or Driver, you:
(a) are solely responsible for maintaining the confidentiality and security of your Account and Account login details and all activities on or through your Account;
(b) will take all reasonable steps to prevent your Account being used to gain unauthorised access or use of the Services; and
(c) agree not to permit any other person(s), other than Drivers approved by GoTo Car Share, to use the App or Web Portal using your Account. You must contact GoTo Car Share immediately if your App access credentials have been compromised or your smartphone with the App installed is stolen, lost, or destroyed.
6. Drivers
Appointing Drivers
6.1 If you are an Account Holder, we may allow you to appoint a limited number of Drivers to access the Services. To appoint a Driver:
(a) that person must apply to become a Driver on our Website and agree to the terms of this Agreement; and
(b) you must pay the registration fee set out in the Pricing and Fees Schedule for the Driver (unless agreed otherwise).
6.2 We may in our sole discretion accept or deny any Driver application or remove any Driver from your Account.
Liability for Drivers
6.3 The Account Holder is liable for the acts and omissions of each Driver appointed to its Account and the Account Holder indemnifies GoTo Car Share from any Loss suffered or incurred by it arising out of or in connection with the acts and omissions of the Driver as if they were your acts or omissions.
Removing a Driver
6.4 The Account Holder may remove a Driver from its Account by giving us written notice. Removal of a Driver will not relieve the Account Holder of any liability accrued prior to such removal being actioned by us and becoming effective.
Driver Specific Terms
7. Booking
Making A Booking
7.1 Provided you are a Driver, you may make a booking to use a Vehicle via the App or Web Portal. Only one booking can be made at a time per person, which can be cancelled at any time via the App or Web Portal (note that cancellation fees may apply as set out in the Pricing and Fees Schedule).
7.2 The booking gives you a conditional right to use the allocated Vehicle for the period booked by you, but this does not entitle you to exclusive access, usage or possession of a Vehicle.
7.3 If you have any issues regarding your booking or opening the allocated Vehicle, please contact us via our contact details set out in clause 16.3.
Extending a booking and late returns
7.4 If you cannot return the Vehicle at the time agreed, you must:
(a) if the Vehicle is not booked by another Driver, extend the booking via the App or Web Portal; or
(b) if the Vehicle is booked by another Driver, contact GoTo Car Share immediately.
7.5 You may be charged additional fees if you access or use a Vehicle outside of your allocated booking time, as set out in the Pricing and Fees Schedule.
Cancelling a booking
7.6 You may cancel a booking at any time, however you may be charged a cancellation fee as set out in the Pricing and Fees Schedule.
7.7 We may at any time, in our absolute discretion, change or cancel your booking, including by changing the duration of your booking, or repossessing, reclaiming or substituting a Vehicle.
7.8 GoTo Car Share may cancel your booking for any reason, including due to reaching Vehicle network capacity, technical or mechanical reasons, emergency, safety or business operational reasons that may arise. GoTo Car Share will not be liable to you for any loss or damage whatsoever (including but not limited to indirect or consequential loss) arising from its cancellation of your booking.
Fair Use
7.9 GoTo Car Share endeavours to facilitate the fair use of its App and Vehicles.
7.10 If you book a Vehicle and do not commence your booking within the reservation timeframe, your booking will expire and the Vehicle will be made available to other GoTo Car Share Drivers to reserve or use.
7.11 In the event that you cancel a number of bookings each month such that your cancelled bookings cause a material decline in the availability of Vehicles for other Drivers, as determined by GoTo Car Share in its sole discretion, GoTo Car Share may deem you are in breach of this Agreement. In such case:
(a) you must pay the full price of each booking made and cancelled by you in the applicable month; and/or
(b) GoTo Car Share may prevent you from accessing and using the Service.
8. Vehicle collection
Access Device
8.1 The only method you have to Start and End a booking, and Unlock and Lock a Vehicle is via the App on an active mobile device (Access Device), logged in via your user name and password. It is critical that you have a functioning and active Access Device throughout the duration of the booking. GoTo Car Share will not be responsible for any disruption to your booking due to your mobile Access Device being inactive - for example, lack of charge or malfunction. If you have any issues completing your booking it is your responsibility to contact GoTo Car Share immediately.
Starting and Ending a Booking
8.2 A booking commences when the “Start Booking” button is pressed in the App and ends when the "End Booking" button is pressed in the App.
8.3 You must ensure that you comply with all directions and procedures published by GoTo Car Share in our Policies during the course of your booking, including (but not limited to) in relation to:
(a) Conducting a pre-booking check of the Vehicle;
(b) Returning the Vehicle to a Dedicated Parking Space at the Base; and
(c) Returning the Vehicle in a clean, tidy, acceptable manner.
8.4 You are responsible for ensuring that your booking has ended successfully by checking the Vehicle is locked. You acknowledge and accept that if you do not successfully end your booking you will be charged in accordance with the Pricing and Fees Schedule until the booking has actually been completed.
8.5 If you have exceeded your booking period and have not extended your booking, you may be unable to access, unlock or lock the Vehicle. It is your responsibility to ensure you have sufficient time within your booking period to return the Vehicle to the Base and end your booking.
8.6 If you have any issues completing your booking it is your responsibility to contact GoTo Car Share immediately.
9. Speeding, Traffic fines and Theft from the vehicle
Speeding
9.1 Vehicles are equipped with speed sensing technology which GoTo Car Share is able to utilise to manage safe driving practices.
9.2 You are aware that each Vehicle is monitored for speed and should any speeding events occur you may be notified of this speeding breach. A speeding event can lead to a Driver’s or corresponding Account’s suspension, Driver or Account termination and/or repossession of the Vehicle.
Traffic fines
9.3 If a speeding, parking or other traffic infringement notice is issued as a result of the actions of a Driver, or any party using the vehicle during your booking, this infringement will be processed and re-issued in the Driver’s Account Holder’s name by GoTo Car Share. The Account Holder will be liable for the applicable fines and our reasonable fees for processing the fine.
Lost Property and Theft
9.4 GoTo Car Share encourages you to check all compartments, seats and the boot before you end the booking to ensure you take all your property. If you are missing something, or you find any lost property in a Vehicle from another Driver, please contact GoTo Car Share. In the case of finding another Driver’s item, please leave the item in the Vehicle’s boot and GoTo Car Share will arrange for it to be returned.
9.5 You acknowledge and accept that GoTo Car Share, and/or any other GoTo Car Share Drivers cannot be held responsible for any items that you leave in the Vehicle during and/or after a booking. We exclude all liability for any loss or theft from the Vehicle.
10. Recharging
10.1 GoTo Car Share endeavours to keep Vehicles charged however it is your responsibility to ensure you have enough charge and range for your booking. If you do require additional charging throughout your booking please follow the instructions in the glove box of the vehicle to re-charge the Vehicle.
10.2 Vehicles have a Fob Key in the glove box which can be used at any ChargeNet charger, and a home charger cable in the boot for domestic charging. The Fob Key remains the property of GoTo Car Share. You must not:
(a) Use the Fob Key to charge any vehicle other than the Vehicle you are using during your booking.
(b) Copy, manipulate or destroy the Fob Key in any way.
10.3 You must comply with the charging procedure and adhere to the specified uses of the Fob Key as set out in our Policies. You acknowledge and take full responsibility for any unauthorised charges that have occurred on the Fob Key whilst in your control. You understand and accept that if there is a discrepancy in the energy you have put in the Vehicle and what has been charged to the Fob Key, that you are personally liable for payment.
11. Vehicle Use
Compliance with Relevant Laws and Policies
11.1 You must comply with all Relevant Laws and our Policies, including holding a Driver’s Licence, while using a Vehicle.
11.2 You must not use or allow the vehicle to be used for the transport of passengers for hire or reward.
11.3 You must not:
(a) Sublet or hire the vehicle to any other person;
(b) Allow the vehicle to be operated outside your authority;
(c) Operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act 1998;
(d) Operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;
(v) Operate the vehicle or allow it to be operated in breach of 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;
(vi) 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;
(vii) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle.
Accidents and damage
11.4 In the event of an Accident or where the Vehicle sustains Damage, however it occurs, you must follow the procedure set out in our Policies from time to time.
Termination
12. Termination
You may terminate for any reason
12.1 You may terminate this Agreement at any time by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We will confirm the termination via email.
GoTo Car Share may terminate or suspend
12.2 We may immediately suspend your use of the Service or Account if you breach this Agreement.
12.3 We may terminate this Agreement or suspend your use of the Service or Account for any reason including, but not limited to, if:
(a) In the case of an Account Holder:
(i) you breach this Agreement and that breach is not capable of remedy;
(ii) you fail to remedy a breach within 10 Business Days’ notice from us requesting the breach be remedied, noting that we may suspend your Account during that 10 Business Day period at our sole discretion;
(iii) you become insolvent, bankrupt or enter liquidation;
(iv) after a failed attempt to debit any fees from your payment facility.
(b) In the case of a Driver:
(i) you breach this Agreement and that breach is not capable of remedy;
(ii) we reasonably believe that you are not fit to operate a motor vehicle or do not meet the eligibility criteria.
Consequences of termination or suspension
12.4 Upon the expiry or termination of this Agreement:
(a) if you are an Account Holder, all Drivers appointed on your Account will cease to be able to use the Service;
(b) your Account will be terminated and you must cease using the Services; and
(c) all outstanding amounts will become immediately due and payable.
12.5 If your Account or status as a Driver is terminated or suspended:
(a) while you are in possession of a Vehicle, you must return the Vehicle in your possession immediately;
(b) you may not book or access further Vehicles; and
(c) you will remain liable to pay all outstanding fees, including any damages incurred to GoTo Car Share under the Agreement.
Insurance and Liability
13. Insurance
13.1 All GoTo Car Share Vehicles have vehicle insurance and third party cover. Insurance is subject to:
(a) Payment of the vehicle excess as per our Pricing and Fees Schedule;
(b) Payment of a damage administration fee as detailed in the Pricing and Fees Schedule;
(c) The coverage exclusions as set out in our Insurance Cover Exclusions policy.
13.2 You must cooperate with GoTo Car Share and our insurers in good faith on all insurance related matters including by following directions and providing reasonably requested information and assistance.
13.3 You acknowledge that there is no insurance cover for any personal items left in the Vehicle by you or any passenger, which is or may be stolen from the Vehicles, lost or damaged during a booking or left in the Vehicle after you complete your booking.
14. Liability
Exclusion of liability - GoTo Car Share
14.1 Notwithstanding any other provision of this Agreement and to the maximum extent permitted by law we are not liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise:
(a) for any Consequential Loss;
(b) for Loss or damage to property left in the Vehicle; or
(c) for any unauthorised use of your Account.
Limitation of liability - GoTo Car Share
14.2 Notwithstanding any other provision of this Agreement and to the maximum extent permitted by law our aggregate liability in connection with this Agreement whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to $250,000.00.
Limitation of liability - You
14.3 Notwithstanding any other provision of this Agreement and to the maximum extent permitted by law:
(a) you are not liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any Consequential Loss; and
(b) your aggregate liability in connection with this Agreement whether in contract, tort (including negligence), statute or otherwise will not exceed the greater of:
(i) $250,000.00; and
(ii) the actual cost of making good or remedying any Damage caused to a Vehicle (howsoever caused) by you or your Driver (including, where Damage cannot be made good or remedied, the actual replacement cost of a Vehicle Damaged by you or your Driver).
Indemnity
14.4 If you are an Account Holder, you indemnify GoTo Car Share against any Loss suffered or incurred by it arising out of or in connection with:
(a) a breach of this Agreement or any Relevant Law or Membership Policy by you or your Drivers, as applicable;
(b) any fraudulent, negligent or wilful act or omission by you or your Driver; or
(c) any excess payable in relation to any Damage caused to a Vehicle (howsoever caused) by you or your Driver,
except to the extent that the Loss is caused by the negligence or wrongful act or omission of GoTo Car Share.
Defence of claims
14.5 You agree to provide GoTo Car Share with sole control of any negotiations, settlements, claims and/or defences and provide GoTo Car Share all reasonable assistance with respect to the same in relation to any Damage to the Vehicle, damage to third party property or injury to a person associated with your use of the Vehicle. If you have proceeded with negotiations, settlements, claims and/or a defence before contacting GoTo Car Share, your claim may be rejected by GoTo Car Share.
Content
14.6 While we do our best to make sure that information available on the App and Website is accurate and free from errors, we do not guarantee its accuracy. While we endeavour to prevent the presence of viruses or malicious code on the App and Website, we cannot guarantee this outcome.
14.7 We do not undertake to keep the App and Website updated.
14.8 We do not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the App or Website including without limitation where such loss or damage is a result of or contributed to by our negligence. Additionally, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the App or Website. You must take your own precautions to ensure that whatever you select for your use from the App and/or Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
15. Interruption of Service
15.1 GoTo Car Share may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that GoTo Car Share is not liable for any interruption or suspension of the Service (whether intentional or not), and you understand that will not be entitled to any refunds of fees or other compensation for interruption or suspension of service.
Dispute Resolution
15.2 If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.
15.3 Despite the existence of a dispute, each party must continue to perform its obligations under the Agreement unless those obligations are the subject of the dispute or GoTo Car Share has a right to suspend the Services or this Agreement as set out in this Agreement.
General Terms
16. General
Amendments to this Agreement
16.1 You acknowledge and agree that GoTo Car Share may amend this Agreement by notifying you of such amendments in writing no later than 30 days before such amendments are to take effect. Such amendments will be binding on you at the expiry of that 30-day period unless you notify GoTo Car Share prior to that time, that you wish to terminate this Agreement.
Assignment
16.2 You may not assign or licence your rights and/or obligations under this Agreement. GoTo Car Share may assign its rights and/or obligations under this Agreement, in GoTo Car Share’s sole discretion.
Contact us
16.3 We can be contacted in any of the following ways:
Email: via our Contact Page
Phone: 028 255 63525
Post: GoToNZ Limited, c/- Basestation, 148 Durham Street, Tauranga, 3110, New Zealand
16.4 A notice by email is deemed to have been received the earlier of when the sender receives an automated message confirming delivery or within 24 hours after the message has been sent (as recorded on the device from which the sender sent the message).
Linked Websites and Third-Party Information
16.5 The App and Website may contain links to other websites or apps (Linked Websites). As the content and maintenance of Linked Websites is out of our control, please be aware that we are not responsible for the content or privacy practices of those websites. Links on the Internet Sites to Linked Sites do not necessarily endorse those Linked Sites.
Employment, agency, partnership or joint venture
16.6 Nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture. Except as otherwise provided in this Agreement, the parties acknowledge and agree that neither party will have any authority to bind the other party or to enter into an agreement in the name of the other party.
Entire agreement
16.7 Except where expressly stated, this Agreement contains the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.
Invalid terms
16.8 If any term or provision of this Agreement is held by a court to be void, illegal or unenforceable under the applicable law that term or provision will be severed from this Agreement and the remaining terms and conditions will be unaffected.
Statutory rights
16.9 This Agreement does not modify, restrict or exclude any additional rights you may have under additional laws including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that cannot be so modified, excluded or restricted.
Non-waiver
16.10 The failure of either party to enforce any provisions under this Agreement will not waive the right of such party thereafter to enforce any such provisions.
Governing law
16.11 This Agreement shall be governed by and construed in accordance with the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
Continuing obligations
16.12 Any warranty, indemnity, or obligation of confidentiality in this Agreement will survive termination. Any other term which by its nature is intended to survive termination of this Agreement survives termination of this Agreement.
17. Definitions and Interpretation
17.1 In this Agreement, unless the context requires otherwise:
Access Device has the meaning given to that term in clause 8.1;
Accident means any collision with an object, person or any damage to third party property associated with the Vehicle;
Account means a GoToCar Share account held by an Account Holder by which the Account Holder may appoint Drivers to use the Service;
Account Holder means an individual/entity approved by GoTo Car Share to hold an Account, having accepted these terms;
App means the application provided by GoTo Car Share to manage your bookings and your Account;
Base means the locations at which GoTo Car Share will make Vehicles available, implement Dedicated Parking Spaces and install and operate chargers for Vehicles;
Business Day means a day that is not a Saturday, Sunday or public holiday in New Zealand;
Charges means charges or fees payable for your use of the Services from time to time in accordance with these Terms, including any fees or charges we are or may become entitled to charge or recover from you;
Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss;
Damage means any interior or exterior loss or damage to the Vehicle such as scratched paint, damage to the interior of the Vehicle, scratched materials within the car, dents, collisions, or like events and includes theft and Accidents;
Dedicated Parking Space means a clearly marked, numbered and sign written parking space within a Base, in which a Vehicle can be parked and charged;
Driver means a person appointed by an Account Holder and approved by GoTo Car Share to access the Services under an Account Holder’s Account;
Driver’s Licence means a current full New Zealand driver’s licence issued by an existing or a current and valid international driver’s licence translated into English held by a person legally able to drive within New Zealand. Holders of a learner’s driver’s licence will not meet this requirement;
Fob Key means a ChargeNet tag linked to a Vehicle to enable charging of that Vehicle at ChargeNet charging stations;
Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise;
Membership Plan means the membership level or plan applicable to the Account Holder’s Account as selected in the Membership Details;
Policies means the policies and service guidelines accessible on the App and Website from time to time;
Pricing and Fees Schedule means the schedule of fees and charges relating to the Services, a copy of which is available here as may be amended from time to time or supplemented by information expressed via our Web Portal or App.
Privacy Policy means the GoTo Car Share privacy policy available here; [insert hyperlink]
Relevant Law means any legislation or other law, code of practice, guidelines, standards or request issued by relevant regulators, authorities or industry bodies insofar as they relate to vehicles, driving and the provision of the Services;
Services means any services provided by GoTo Car Share including membership services and the provision of Vehicles;
Unauthorised Parking Fees means fees incurred as a result of parking the Vehicle outside of a Dedicated Parking Space at the end of your booking;
Vehicle means vehicles available for booking through the Services;
Website means the GoTo Car Share website located at https://goto.nz; and
Web Portal means the portal provided by GoTo Car Share on the Website to manage your bookings and Account.
Interpretation
17.2 In this Agreement, unless the context requires otherwise:
(a) headings are for convenience only and do not affect the interpretation of this Agreement;
(b) a reference to the singular includes the plural vice versa;
(c) $ means the lawful currency of New Zealand;
(d) “includes” is not a word of limitation;
(e) where a word or expression is defined its other grammatical forms have a corresponding meaning;
(f) no rule of construction applied to the disadvantage of a party because these terms are prepared by (or on behalf of) that party;
(g) a reference to a party includes the party’s executors, administrators, successors and permitted assigns;
(h) if a party consists of more than 1 person, then the agreement binds each of them separately and any 2 or more of them jointly; and
(i) a reference to a statute, regulations, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws under that statue.
[Version 1.1 - valid from 1 April 2023]