AT Local terms of use AT Local terms of use

Introduction

AT Local is an on-demand rideshare service provided by AT which allows customers to book a ride (which may be shared with other customers) between specified points within the Service Area. Rides are paid for using an AT HOP Card.
AT Local currently is being offered on a trial basis in the Conifer Grove, Takaanini and Papakura areas as shown on the map on the AT Local webpage (the “Service Area”). AT Local is limited in its capacity, Service Area and hours of operation for the duration of the trial. The Service Area and hours of operation were selected based on the evaluation of cost and benefit during the market research phase and our anticipation of demand for the service. The service may be terminated or be expanded to a broader geographic area and/or additional hours of operation in the future, based on the results of the trial. Should you have any recommendations for additional times and/or areas of service, please contact us at Rideshare@at.govt.nz.

Terms of Use

These Terms of Use (“Terms”) detail your rights and obligations for use of the AT Local service including the AT Local App and AT Local Customer Contact Centre. You agree to be bound by them immediately upon your successful registration to use AT Local via the AT Local App or the AT Local Customer Contact Centre and, upon registration, you also agree that you (and anyone else using the AT Local App on your device) will comply with:
- these Terms;
- AT’s Website, Mobile App & Digital terms of use;
- AT’s Privacy Policy; and
- any other terms and conditions that apply to products and services provided by AT such as AT HOP Terms of Use.
To the extent of any inconsistency between these Terms and the other terms and conditions, these Terms shall prevail in relation to AT Local.

Definitions

“Account Application Form” means the aggregate of the data collection screens that you complete upon registration for the use of AT Local;
“AT” means Auckland Transport;
“AT HOP Card” means an AT HOP Card which may be used subject to the AT HOP Card Terms of Use on AT’s website;
“AT Local” means the on-demand rideshare service provided by AT;
“AT Local Account” means your AT Local Account that you have registered with AT via the AT Local App or the AT Local Customer Contact Centre to use AT Local and all the associated transactions or other activity that is recorded using your AT Local Account ID Information;
“AT Local Account ID Information” means the username and password that you provide on registration for the use of AT Local;
“AT Local App” means the smartphone and tablet application provided by AT for the facilitation of the AT Local service and through which customers can book the AT Local service. The AT Local App is available from Google Play and the Apple App Store;
“AT Local Customer Contact Centre” means the call centre service that has been established by AT to support AT Local and facilitate customer service and through which customers can book the AT Local service;
“AT Local website” means the website that has been established to provide more information to the customers about AT Local at https://www.AT.govt.nz/local;
“Documentation” means any printed and electronic document or documentation (if any) provided to you in connection with AT Local by AT, including but not limited to these Terms, instructional and operational manuals covering the use of AT Local, any other quotations for the provision additional or optional components of AT Local or including licensing, support services or other services used in conjunction with AT Local;
“Estimated Time of Arrival (ETA)” means the estimated time it will take for the vehicle to be at the pick-up location. Customers can use the AT Local App to track the vehicle in real-time;
“Intellectual Property Rights” means a proprietary or personal right arising from intellectual activity in the business, industrial, scientific or artistic fields. It includes copyright, trademark, design, patent, semiconductor or circuit layout rights, trade, trade and service mark rights, business or Company Names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of these Terms and whether existing in New Zealand or otherwise;
“Licence” means the license to use AT Local within these Terms;
“myAT Account” means a user account with AT;
“Ride” means a journey using the AT Local service;
“Ride Fare” means the fare payable for each Ride. Ride Fares are published and updated on the AT website from time to time;
“Ride Proposal” means a proposed trip including details such as pick up location, drop off location, schedule time and date fo schedule Ride, expected time of arrival of the Ride, number of seats, and Ride Fare that is presented to you for your reservation confirmation;
“Service Area” means the operational area where on-demand transport services are available.

Registration

You must register to use AT Local via either the AT Local App or the AT Local Customer Contact Centre before you can use AT Local.

If you register to use AT Local via the AT Local App, you must have a myAT Account. If you have a myAT Account already, you may register for AT Local by downloading the AT Local App to your device and entering the email address and password you use to log in to your myAT Account. The AT Local App will link to your myAT Account. If you do not have a myAT Account, you may create a new myAT Account on the AT Local App.

If you register to use AT Local by contacting the AT Local Customer Contact Centre they will create an AT Local Account for you. An AT Local Account created by the AT Local Customer Contact Centre will not be linked to a myAT Account.

AT may refuse to register an AT Local Account with you if you have had a previous AT Local Account suspended or terminated or for any other reason at AT’s sole discretion.

Use of your AT Local Account

You agree to update your AT Local Account to reflect any changes in your details, name, contact telephone number or payment details immediately upon the occurrence of such a change. You accept full responsibility for ensuring that the information in your AT Local Account is up-to-date and accurate.
You are not permitted to disclose your AT Local Account ID Information to any third party and in doing so (to the fullest extent permitted by law), you relieve AT of any liability it may or may not have to you in respect of any breach of misuse of your confidential information through the use of your AT Local Account ID Information by any third party (including any liability for any activity on your AT Local Account).
You agree to notify AT immediately of any unauthorised use of your AT Local Account ID Information immediately upon becoming aware of such use.
You may disable your AT Local Account at any time by contacting the AT Local Customer Contact Centre. This will not affect the functionality of your myAT Account if you used it to register the AT Local Account.
You must not modify or use the AT Local App or use the AT Local service in a manner that is illegal or interferes with the reasonable enjoyment or use of AT Local and related services by any other party.
Inactive AT Local Accounts:
- If your AT Local Account has been inactive for a continuous period of no less than 24 months AT may, at its discretion, deem the AT Local Account to be inactive.
- At that point, AT may attempt to contact you via email or other means as it may deem appropriate.
- If AT is unable to contact you, after a further period of no less than 3 months, your AT Local Account may be closed and disabled. If your AT Local Account is closed or disabled, your AT Local Account will not be able to be used to use AT Local or pay Ride Fares.

Transaction Details

All transaction details and other details recorded as a result of you using your AT Local Account will be recorded and retained by AT and/or its suppliers.

Request a Ride

AT Local allows you to request a ride on-demand or schedule a Ride in the future. Once you request or schedule a Ride, a Ride Proposal will be presented to you. You need to accept the Ride Proposal to confirm your reservation (“Ride Reservation”).

You are solely responsible for ensuring the number of passengers (“your passengers”), pick up time, pick up and drop off locations in your Ride request are correct and accurate. If you do not indicate the correct number of passengers at the time of booking, the AT Local driver will refuse to carry any additional passengers.

You must make sure you and your passengers are at the pick-up location at least two (2) minutes prior to the expected time of arrival of the AT Local vehicle as shown on the AT Local App or advised by the AT Local Customer Contact Centre. If you are required to walk to the pick-up location, it will be clearly indicated in the AT Local App or advised by the AT Local Customer Contact Centre. If there is more than one passenger travelling, please make sure that your group has a responsible person to organise your group.

AT may substitute an alternative vehicle to provide the AT Local service if deemed necessary at AT’s discretion. AT

AT will endeavour to meet the requested pick up times. If circumstances beyond AT’s control arise, AT will not be liable should any delay result.

AT does not allow any itinerary changes. As an on-demand rideshare service, you will likely be in a vehicle with other passengers travelling in a similar direction. This means that your ride in an AT Local vehicle may include a diversion to pick up or drop off other passengers.

Payment Terms and Fares

All payments of the Ride Fare must be made with an AT HOP Card. Once you complete your Ride in accordance with the AT HOP Card Terms of Use, AT will deduct the Ride Fare automatically from your AT HOP Card.

All passengers are required to abide by the AT HOP Terms of Use.

AT Local offers the same concessions available on other AT services on the same terms and conditions that apply to other AT services. For more information about fares and discounts, please visit AT’s website.

AT Local may offer promotion codes with various features and rates. The promotion codes can only be used with AT Local and are subjected to their stated conditions and expiration date. It is your responsibility to fully understand the rates and conditions for the promotion codes you use.

Refunds

Any refunds will be processed in accordance with AT HOP Terms of Use.

Cancellation Policy

You may cancel a Ride-on occasion if unforeseen circumstances arise prior to the AT Local vehicle arriving to pick you up. If you repeatedly cancel the Rides, AT reserves the right to suspend your AT Local Account with immediate effect.

“No-show” Policy

A “no-show” is if you and your passengers are not present at the pick-up location and time designated in your Ride Reservation.

If you are not at the pick-up location due to a vehicle arrival delay, AT will not consider it as a “no-show” if the vehicle arrives more than five (5) minutes later than the expected time of arrival for your Ride

If you repeatedly incur “no-shows”, AT reserves the right to suspend your AT Local Account with immediate effect.

Cleaning and Damage

Additional Cleaning/Damage: You will be responsible for paying for the repair of any damage you cause to an AT Local vehicle beyond ordinary and reasonable wear and tear, including any reasonable cleaning costs or fees.

You may be responsible for paying any reasonable cleaning costs or fees required as a result of you soiling an AT Local vehicle.

Eligibility and Conditions of Carriage

Children under five (5) years old must be accompanied by a parent, guardian or other responsible adults who is over the age of 18 and who has paid a full adult Ride Fare (unless a concession applies). The booking for such a Ride must be made by the parent, guardian or responsible adult via his or her AT Local Account.

Travel with small children: You are responsible for providing and installing a child car seat securely in the rear of the vehicle for each child taking the Ride before the start of the Ride and removing it at the end of the Ride.

Children between five (5) years old and 15 years old may travel unaccompanied. The booking for such a Ride must be made by the parent, guardian or responsible adult via his or her AT Local Account.

You may not use AT Local if your AT Local Account has been suspended.

Refusal to carry: The driver of an AT Local vehicle is entitled to refuse to carry any person or to seek to remove them from the vehicle if:

The person is intoxicated, under the influence of illegal drugs, unhygienic, or behaving in a manner which is dangerous or offensive to the driver or other passengers, or who refuses to obey a reasonable request made by a driver in the circumstances;

The person is in possession of, playing, listening to or viewing material that is offensive to the driver or other passengers;

The person is accompanied by an animal (other than a guide dog or other assistance dog);

The person smokes cigarettes, uses any other electronic smoking device (including a vaping device), drinks alcohol or possesses and uses illegal drugs in the vehicle; and/or

The person is carrying a weapon or any noxious or illegal substance such as fuel containers and/or gas cylinders, explosives, corrosive or similar items in the vehicle.

Accessibility

As the AT Local is currently offered as a trial, three vehicles in the service trial fleet will be accessible to mobility-impaired customers. AT does not guarantee the availability of the accessible vehicle at your time of Ride request, but it will depend on the demand and is provided on a first-come-first-served basis.

Licence

The AT Local brand and logo are trademarks owned by AT and AT has a licence to operate the AT Local technology.

Licence Rights: AT grants to you and you accept, a non-transferable and non-exclusive right to use, without the right to sub-licence, AT Local and the AT Local App subject to the following terms:

You are only licenced to use AT Local and the AT Local App, and acknowledge that there has been no title in the product passed on to you by AT;

You have registered to use AT Local and maintain a current AT Local Account with AT;

You acknowledge that AT has full right to alter the AT Local and AT Local App features or functionality from time to time as it deems appropriate and will publish appropriate release information on the Google Play and App store in relation to such modifications; and

You acknowledge and agree your right to use AT Local and the AT Local App may be revoked by the termination of these Terms.

Restrictions of Use: You will not and will not allow any third party to use AT Local for any purpose other than to facilitate a Ride.

Title: Title to and ownership of AT Local, the AT Local App, the Documentation, the AT Local brand and logo, all modifications (and all copies and portions) thereof, and all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property embodied in AT Local, the AT Local App and the Documentation, and modifications and derivative works thereof, is permanently and irrevocably vested in AT and its suppliers and shall remain with AT and its suppliers.

Other than to the extent of the licence granted hereunder, no licence, right or interest in any AT Local or any other of AT’s trademarks, service marks or trade names is granted to you under these Terms.

Termination and Suspension

AT may suspend or terminate your AT Local Account with immediate effect:

if you misuse the AT Local App or the AT Local service in any way, including refusal to pay a fee or fare;

if you misuse your AT Local Account or your AT Local Account is misused by a third party, including any fraudulent activity; or

if you breach any of these Terms; or

for any other reason at AT’s sole discretion.

If AT suspends your AT Local Account:

the suspension will remain in force for such period as AT may direct; and

AT may require the payment of a reasonable administration fee and impose such other terms as AT deems necessary or desirable as a condition of reactivation of a suspended AT Local Account.

AT may terminate your AT Local Account if AT’s license to operate the AT Local technology is terminated or AT otherwise determines it will cease to provide AT Local.

This agreement between yourself and AT in respect of the use of AT Local may be terminated by you having provided seven (7) days’ notice to AT via the AT Local Customer Contact Centre that you wish to close your AT Local Account.

Clauses 39 to 43 (Licence), 52 and 53 (Indemnities) and 56 to 62 (Limited warranty, liability and disclaimer) survive termination of these Terms.

Termination or cancellation of these Terms for any reason, does not affect any other rights or remedies available to either you or AT which arose at or before the end of the termination of the agreement.

Notification Services

AT may communicate with you by telephone call, email, text message or posting a notice on the AT Local App. On occasion, the AT Local service provider may wish to contact you in relation to the AT Local service, for example, to arrange the return of lost property or notify you of any disruptions.

Text Messages.

AT will not charge you for text message notifications it sends to you but your telecommunications provider may charge you for the transmission or receipt of text messages.

You acknowledge that text messages are not always guaranteed to be delivered and that AT cannot be held responsible for their successful delivery unless it is shown that the text message failed to be delivered due to a fault with the AT Local App or the AT Local website.

Indemnities

You indemnify AT against all actions, proceedings, claims, liabilities, penalties, costs (including legal costs on a solicitor and own client basis), awards, damages, losses and expenses arising directly or indirectly as a result of:

you altering, interfering with or tampering with the AT Local App or your AT Local Account or myAT Account (or allowing a third party to do so);

you fail to comply with any of these Terms;

you breach these Terms or a third party breaching these Terms using your AT Local Account and/or your AT Local Account ID Information; or

your negligent or wilful acts or omissions.

Your liability under these Terms is reduced to the extent that it can be shown that AT has contributed to such loss, damage or liability.

AT Local Customer Service

You may contact AT in respect of any aspect of AT Local:

By feedback in AT Local app
By email to Rideshare@at.govt.nz
By telephone – 0800 2LOCAL (0800 256 225)
Online – Contact us
By mail – Private Bag 92250, Auckland 1142

Privacy

Where AT collects personal information from or about you in order to provide you with an AT Local Account or through your use of AT Local, the AT Privacy Policy available on AT’s website will apply. For an explanation of our practices and policies relating to the collection, use, and storage of your personal information, please refer to the AT Privacy Policy, which forms part of these Terms.

Limited warranty, liability and disclaimer

AT makes no representation to you about the availability of AT Local or the AT Local App. If AT Local is not available, you are advised to seek transport alternatives.

There may be scheduled maintenance of AT Local App from time to time, which will be notified via the AT Local App in advance.

To the maximum extent permitted by law, AT disclaims any and all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to AT Local, AT Local App, your AT Local Account and your use of (or inability to use) such items, (including, without limitation, warranties of availability, accuracy, non-infringement, title, completeness, timeliness, currency, merchantability, or fitness for a particular purpose).

In particular, AT does NOT warrant that:

the AT Local App is error-free;

use of AT Local App will be uninterrupted or will not result in loss of data;

the AT Local App will function correctly on your particular equipment (personal computer, smartphone or otherwise).

a Ride will start at the expected time of arrival or be completed within a particular journey time.

Consumer Guarantees Act: Nothing in these Terms is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms will be modified to the extent necessary to give effect to that intention. If you acquire any goods or services from us for the purposes of a business you agree that the guarantees and remedies provided in the Consumer Guarantees Act 1993 will not apply.

Indirect Losses: To the maximum extent permitted by law, AT (and our respective employees, contractors, and agents) will not be liable (in contract, tort, or otherwise) to any party for any direct, indirect, special or consequential loss, damage, cost, expense, delay, or inconvenience that is suffered by that party in connection with:

the issue, use of, inability to use, or reliance upon, AT Local, the AT Local App and an AT Local Account;

any fares and fees payable using AT Local including, without limitation, any Ride Fares;

an AT Local Account being suspended or terminated for any reason;

any period where any equipment, software, or system is unavailable for processing AT Local Account transactions;

AT Local or AT Local App in any other way, even if we have been expressly advised of the possibility of such damages; or

any Ride delays.

Limitation of Liability: AT’s liability under these Terms will not exceed in aggregate the reimbursement of any fees and Ride Fares deducted in error.

Accompanied items and lost property

Bicycles and scooters may not be carried unless they are folding and folded whilst being transported.

Prams, pushchairs, baby carriages and similar items may be carried at any time without charge, provided that there is room available in the vehicle and, in the opinion of the driver, the safety or comfort of other passengers is not affected. These items must either be capable of being manoeuvred or able to be carried by you and/or your support person. The driver may assist but is not obliged to lift/manoeuvre such items. It is your responsibility to inform the AT Local service provider via the AT Local App or the AT Local Customer Contact Centre if you wish to carry any of these items so the AT Local service provider can arrange for a suitable vehicle to provide your Ride if such a vehicle is available.

Wheelchairs and battery-powered mobility scooters may be carried by mobility-impaired customers on a vehicle if they are no longer than 1350mm, no wider than 650mm, do not have a fully laden weight of more than 200kg and are capable of turning easily from the door of the carriage into a designated parking area within the vehicle. The driver may set up a ramp and otherwise assist with loading and unloading these items into and out of the vehicle but is not obliged to lift/manoeuvre such items. It is your responsibility to inform the AT Local service provider via the AT Local App or the AT Local Customer Contact Centre if you wish to carry a wheelchair or batter powered mobility scooter so the AT Local service provider can arrange for a suitable vehicle to provide your Ride if such a vehicle is available.

Personal motorised mobility devices, such as Segways, are not permitted on the AT Local vehicles.

Customers may take hand luggage and small articles on AT Local vehicles without charge. Any article which is offensive or which may, in the opinion of the driver, cause danger, discomfort or inconvenience to other passengers is not permitted. The driver will not accept property for carriage on a vehicle unless a customer accompanies it. It is at the discretion of the driver as to whether large items (not referred to above) such as golf buggies and shopping jeeps can be carried safely and without causing discomfort or inconvenience to other passengers.

The driver will give reasonable assistance to customers who require it. However, they are not expected to lift any item heavier than 15kg, (i.e. the size of a small suitcase), or which is bulky or difficult to lift, or which presents a risk of injury to the driver.

Guide (and other assistance) dogs may accompany you free of charge at all times on the accessible vehicle. No pets or other animals (other than Guide or other assistance Dogs) may be carried on the AT Local service.

Lost or Damaged Personal Items: All personal items (including luggage, sports gear, computers and bicycles) are stowed and carried on the AT Local service entirely at your own risk. You are solely responsible for these items and the contents thereof. Items left in vehicles whose owner cannot be identified and contacted will be removed from the vehicle and will be stored at the service provider’s depot. Items will be available for collection during office hours. Please contact the service provider’s customer service to confirm office hours for collection and location for collection. If not claimed within three months items will become the property of AT. AT will remove and securely destroy personal data from such items and will then either donate to charity, recycle, dispose of or sell each item. AT is not responsible for any items transported by the passenger under his/her own care. AT is not responsible for loss or damage to money, securities or valuable items. If you find an item that somebody has left on the vehicle, please hand it to the driver as you leave the vehicle. However, if you believe an abandoned item is suspicious, please do not touch the item and alert the driver immediately.

General

Assignment:

You shall not assign or otherwise transfer your rights under these Terms. Any attempt to make such an assignment without AT’s consent shall be void and result in immediate termination of your AT Local Account without notice.

AT is entitled to assign or otherwise transfer its rights and obligations under these Terms at its own absolute discretion.

Non-waiver: You and AT agree that no failure to exercise and no delay in exercising, any right, power, or privilege hereunder, on the part of either party shall operate as a waiver of any right, power, or privilege. You and AT further agree that no single or partial exercise of any right, power, or privilege under these Terms shall preclude its further exercise. The rights and remedies in these Terms are cumulative with and not exclusive of any rights or remedies provided by law.

Severability: If any part of these Terms is adjudged by any court of competent jurisdiction to be invalid, void or illegal, that judgment shall not affect or nullify the remainder of these Terms, and the effect shall be confined to sever the part immediately involved in the matter adjudged.

Variation: These Terms may be varied by AT at any time and such changes will be notified to you with reasonable notice prior to coming into effect.

Governing Law: These Terms will be governed by, and construed in accordance with, New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all issues and disputes which may arise under or in relation to AT Local, Method of Payment or these Terms.

New Zealand Use Only: AT Local is intended for use in Auckland, New Zealand and may not satisfy the laws of (or be appropriate or suitable for use in) any other country. You are responsible for compliance with applicable local law and you must ensure that accessing and using AT Local is not illegal or otherwise prohibited by the laws of your jurisdiction.

Electronic Communications: You consent to receiving communications from us electronically (other than promotional messages under the Unsolicited Electronic Messages Act 2007, in which case we will obtain your consent to receiving such promotional messages in accordance with that Act) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Entire Agreement: These Terms, together with any other terms produced by us relating to AT Local incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior communications, representations, agreements or understandings, either verbal or written, between you and us with respect to the subject matter of these Terms.

Force Majeure: AT will not be liable for any non-performance, error, interruption, or delay in the performance of their obligations under these Terms or in the availability or performance of AT Local or the AT Local App, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of AT, including (without limitation):

flood, lightning, acts of God, fire, earthquakes, and other natural disasters;

judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;

failure of any electricity or telecommunications service (including the Internet);

failure of any equipment, software, computer hardware, or system required for the operation of the

The system where the maintenance and repair of that item is the responsibility of a third party;

the acts or omissions of any party for whom AT is not responsible.

Notices (which include any written communications or statements) may be:

Sent by email to the email address provided by you on your AT Local Account;

Sent by text message to the mobile telephone number you notified on your AT Local Account; or

Given to you by any other way which the law permits

Notices to AT (which includes any written communications or statements maybe):

Sent to: Private Bag 92250, Auckland 1142
Sent via our website feedback form found on our contact us page.

Interpretations

In and for the purposes of interpretation of these Terms, unless inconsistent with the sub-context or subject matter:

Reference to time unless otherwise specified shall be a reference to New Zealand Standard Time (NZT);

Reference to monetary amounts shall be a reference to such amounts expressed in New Zealand Dollars (NZD);

The headings in these Terms are for the purpose of more convenient reference only and shall not form part of this agreement or affect its construction or interpretation;

Except as otherwise expressed or provided, where under or pursuant to these Terms or anything has done hereunder the day on or by which any act, matter or thing needs to be done falls on a day other than a business day, such act, matter or thing shall be done on the immediately succeeding business day;

The obligations and liabilities imposed and the rights and benefits conferred on the parties in these Terms will be binding upon and in favour of the respective parties and each of their respective successors in title, legal personal representatives and permitted assigns.

Contact AT

If you have any questions or concerns in relation to the AT Local App or these Terms, please contact AT.