These Terms were last updated in October 2025.
Contents
1. Introduction
2. Road Ninja’s Role
3. Application of These Terms
4. Road Ninja Accounts and Eligibility Criteria
5. Keeping your Road Ninja Account secure
6. Your Obligations
7. Payments, Booking Fees, Cancellations, and Refunds
8. Prohibition on Direct Engagements
9. Intellectual Property and User Content
10. Privacy Statement
11. Liability and Indemnities
12. Third Party Services
13. General
14. Contact Us
15. Dictionary
1.1 Thank you for using the Road Ninja Platform. Please read these Terms carefully. These Terms set out the terms of use for the Road Ninja Platform and will apply to any:
1.2When you apply for a Road Ninja Account, and each time you access or use the Road Ninja Website or App, you confirm that you have read, understand and agree to these Terms in full. If you do not agree to these Terms, you must not create a Road Ninja Account (or, if applicable, you must cancel your Road Ninja Account) and you must not use the Road Ninja Website or App.
1.3 Capitalised words used in these Terms have a special meaning that is set out in the Dictionary section below (please see clause 15 below).
General
2.1 We provide an online platform (sometimes referred to as an online marketplace or venue). It is important that you are aware that our role is limited to introducing Customers and Drivers by enabling them to publish, offer, search for, book and pay for Transportation Services.
2.2 We are not a party to any Transportation Contract and we don’t participate in the actual transaction between a Driver and Customer for Transportation Services nor do we act as an agent for either party.
2.3 We do not employ any Drivers, we don’t take part in the provision of Transportation Services, and Drivers remain independent contractors at all times.
Disclaimer
2.4 Without limiting the above, it is especially important that you are aware that:
2.5 While we have endeavoured to provide guidance, resources and information on the Road Ninja Platform that will be useful to Customers and Drivers, we do not warrant its accuracy, adequacy, timeliness or completeness or that it is suitable for your intended use. All guidance, resources and information is provided for general information purposes only and should not be relied on to make any decisions or to satisfy your legal obligations.
Terms
3.1 The terms and conditions applicable to your use of the Road Ninja Platform are set out in:
in each case as amended by Road Ninja at any time (together referred to as these Terms).
Updates to these Terms
3.2 Road Ninja may update these Terms (or any part of them) at any time upon notice to you. If the update will have a material effect on your use of the Road Ninja Platform, we will notify you by Electronic Message. Any other updates may be notified by Electronic Message or by posting an updated version of these Terms on the Road Ninja Website. The updated version of these Terms will take effect immediately upon such notice. By continuing to use the Road Ninja Platform, you will be deemed to agree to the updated Terms. You are responsible for reviewing these Terms regularly to ensure that you are aware of any updates.
Application
3.3 These Terms apply specifically to the Road Ninja Platform. Nothing in these Terms is intended to replace or amend any agreement that Road Ninja is not a party to, including any agreement between the Customer and Driver (discussed further in clause 4 below).
3.4 The Road Ninja Website and App and our other services are intended for New Zealand and Australian residents only. If you are not located in New Zealand or Australia you are not permitted to use, and must immediately cease using, the Road Ninja Platform and other services.
Testimonials and Marketing
3.5If you are a Customer or a Driver, you agree that Road Ninja may identify you as a Road Ninja User (for business Customers this may include using your logo) and may publish any testimonials or references you provide on the Road Ninja Platform or in our marketing material. We will ensure any reference accurately reflects your experience with our service. Contact us if you do not approve of us referring to you in accordance with this clause or if you have comments on published content.
Creating a Road Ninja Account
4.1 Before you use the Road Ninja Platform, you must create a Road Ninja Account by visiting and following the directions on the Road Ninja Website or Road Ninja App.
4.2 You must:
4.3 Road Ninja may verify your registration information and any updates to that information or additional information that you provide to us or authorise us to collect from time to time. You agree to provide all necessary information and provide all reasonable assistance that we may require in order to complete the registration and verification processes.
4.4 You must not register or use more than one Road Ninja Account. However, you may log onto your Road Ninja Account on multiple devices at any time.
Eligibility Criteria – General
4.5 To be eligible to create a Road Ninja account, and enter into Transaction Contracts via the Road Ninja Platform, you must satisfy the eligibility criteria set out in this clause 4.
4.6 To enter into Transaction Contracts, you will also be required to create a Stripe Connect account (as applicable in accordance with the directions on Road Ninja) and comply with any additional criteria imposed by Stripe (see further detail in clause 7 below). For example, if you are a Customer you will need a valid Payment Method and if you are a Driver you will need a New Zealand bank account in your name.
4.7We may decline, revoke or suspend your Road Ninja account, and/or access to the Road Ninja Platform, at any time if (in our sole and absolute discretion) we are not satisfied that you comply with all of our eligibility criteria (including based on background checks when you first apply for a Road Ninja account).
4.8 We will manage all personal information that we collect in order to verify your eligibility in accordance with our Privacy Statement.
Eligibility Criteria – Drivers and Customers
4.9 You must:
Eligibility Criteria – Customers
4.10 You must meet the requirements advertised on the Road Ninja Platform or which Road Ninja notifies to you from time to time, for example, holding an appropriate ‘Transportation Service Licence’ issued by Waka Kotahi NZ Transport Agency.
Eligibility Criteria – Drivers
4.11 To advertise and perform services as a Driver on the Road Ninja platform you must have a valid New Zealand driver licence that meets the requirements advertised on the Road Ninja Platform and/or specified by a Customer, at any time.
4.12 To be eligible to advertise services as a Driver on the Road Ninja Platform, you will be required to pass the following background checks, undertaken by Road Ninja, to Road Ninja’s satisfaction (in our sole and absolute discretion) (together, the Background Checks):
4.13 We may refresh these Backgrounds Checks at any time to confirm your eligibility to be a Driver.
4.14 You must provide us with all reasonable information that we may require to undertake (or to appoint a third party to undertake) the Background Checks.
4.15 You agree to notify Road Ninja immediately of any changes to your circumstances, including any charges or convictions received after the date of your onboarding. Failure to do so, or any further changes in your circumstances including convictions after the date of onboarding, may lead to your profile being deactivated and jobs being denied.
Authorised Representatives
4.16 You may determine who is an Authorised Representative and you are solely responsible and liable for your Authorised Representatives’ use of and access to the Road Ninja Platform using your Road Ninja Account.
4.17 If a person uses your Road Ninja Account, that person will be deemed to be you for the purposes of these Terms and that will not affect your obligations under these Terms. Road Ninja is under no obligation to check that any instruction or confirmation made through your Road Ninja Account is from you.
Relationship between parties using the Road Ninja Platform
4.18 If you have a current Road Ninja account, you can use the Road Ninja Platform to connect with Customers and Drivers (as applicable) by publishing, offering, search for, booking and paying for Transportation Services. You must follow the directions, and any additional terms and conditions that we notify to you on the Road Ninja Website and App.
4.19 Road Ninja Platform does not participate in the actual transaction between a Driver and Customer for Transportation Services nor do we act as an agent for either party. In addition, payments made via the Road Ninja Platform are processed by Stripe and Akahu (and not by Road Ninja). Accordingly:
4.20 These Terms do not create any direct rights of enforcement as between Customers and Drivers. They are solely enforceable between, as the case may be:
Changes to the Road Ninja services
4.21 Road Ninja may change our services, booking fees, charges, these Terms and / or any aspect relating to the Road Ninja Platform, and impose new requirements or policies relating to the Road Ninja Platform (Changes), from time to time, in our sole discretion, including to:
Suspending or Closing your Road Ninja Account
4.22 You may request to close your Road Ninja Account by contacting us directly. We will implement your request and close your Road Ninja Account within a reasonable time, provided that there are no outstanding Disputes or refunds relating to your Road Ninja Account.
4.23 We may close, or suspend, your Road Ninja Account at any time where we have reasonable cause to do so, including where:
4.24 In any event, Road Ninja may close your Road Ninja Account for any reason, upon giving you at least 30 days’ written notice.
4.25 If Road Ninja closes your Road Ninja Account at its discretion (and not for the reasons set out in clause 4.23), Road Ninja will refund you for any amounts paid in advance for Booking Fees relating to unfulfilled bookings, less any unpaid fees/charges, if applicable.
4.26 If your account is closed or suspended for any reason, Road Ninja may (but is not required to):
Road Ninja will not have any liability whatsoever (and each User waives any claim it may otherwise have against Road Ninja) arising from or relating to any notice that Road Ninja provides (or does not provide) under clause 4.25.
5.1 Security of the Road Ninja Platform is of the utmost importance to Road Ninja. However, even with best practices and security measures in place, Road Ninja cannot guarantee that the Road Ninja Platform will always be available, fault-free or secure, or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept, this risk, including the risk that a third party may gain unauthorised access to your Road Ninja Account.
5.2 You are responsible for ensuring that:
5.3 Road Ninja personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your password or any other log-in information on that shared computer.
5.4 Security of payment authentication. Where you use a payment method that requires two-factor authentication (2FA), such as Akahu, you are solely responsible for safeguarding the device and method used for that 2FA (for example, your mobile phone or authenticator app).
5.5 Road Ninja is not responsible for unauthorised access to, or use of, your Road Ninja Account, except to the extent that such unauthorised access or use is caused by Road Ninja failing to comply with any security requirements that we have informed you, from time to time, the Road Ninja Platform complies with.
5.6 You must notify Road Ninja immediately, and request cancellation or temporary suspension of your Road Ninja Account, if the security of your Road Ninja Account is compromised, including due to:
5.7 You must confirm that notification by email to Road Ninja within 24 hours of becoming aware of the compromise.
5.8 You must cooperate fully with us to investigate any suspected unlawful, fraudulent or improper use of or activity on your Road Ninja Account.
5.9 Road Ninja may enforce or implement any security measures it deems appropriate for the Road Ninja Platform at any time and may update or add security measures to the Road Ninja Platform at its discretion at any time.
General
6.1You represent, warrant and undertake to Road Ninja (on a continuing basis) that:
6.2 You must not use the Road Ninja Platform to promote any service other than the Transportation Services arranged through the Road Ninja Platform.
Conduct and communication
6.3 You must interact with other Users and with Road Ninja personnel in a professional and courteous manner at all times. Abusive, harassing, discriminatory or otherwise inappropriate behaviour or communication is strictly prohibited and may result in the immediate suspension or termination of your Road Ninja Account.
Drivers
7.1 If you are a Driver, use of the Road Ninja Platform to create an account and advertise your services is free; no additional Road Ninja charges apply.
Customers – Overview
7.2 If you are a Customer:
Changes to Bookings
7.3 The total number of days initially booked for a transportation service is the agreed time commitment for that job assignment. The scheduled dates within that booking may be changed to alternative dates, provided the total number of days booked does not exceed the original number of days booked. If additional days are scheduled within the existing booking period, the booking will conclude on the date the final booked day is completed, even if this results in an earlier end date than originally scheduled.
7.4 If a Customer cancels specific days within a multi-day booking, those days must be rebooked for new specific dates at the time of cancellation to retain the credit for those days. Where days are cancelled without immediate rebooking, the credit for those cancelled days will be forfeited. Adjustments to booked days must be made by contacting Road Ninja support. Any credit for adjusted days within a multi-day booking applies only to the Driver originally booked and cannot be transferred to another Driver or to a separate booking and remains subject to clause 7.11.
7.5 If a Customer requests to adjust job dates to fall more than seven calendar days after the original end date of the assignment, the change will be treated as a new booking rather than an adjustment to the existing booking, with applicable fees payable.
Booking Fee Structure for Customers
7.6 We charge a Booking Fee calculated as a percentage of the initial booking value:
Discounts Available
7.7 Subject to clause 7.6(b), you may qualify for the following discounts to reduce the base booking fee; either independently or where applicable, in conjunction – to reach a minimum booking fee of 12%:
7.8 Where more than one discount applies, the reductions are added together, but the Booking Fee will never fall below the 12 per cent (12%) minimum.
7.9 The Booking Fee, applicable discounts and calculation methods are published on the Road Ninja Website and may be updated at any time with immediate effect, in accordance with these Terms and at Road Ninja’s sole discretion.
7.10 Road Ninja reserves the right to make changes to the Booking Fee structure, applicable discounts and related terms in accordance with clause 4.21. Any changes that have a material effect on your use of the Road Ninja Platform will be notified to you in advance and will apply to future bookings made after the effective date of the change.
Cancellations and Refunds
7.11 Unless these Terms state otherwise, the Booking Fee becomes non-refundable once a booking is confirmed and paid. In all cases, the portion of the Booking Fee covering the first six days of Transportation Services is always non-refundable, no matter when the booking is cancelled.
Cancellation Credit
7.12 Subject to clause 7.4, any credit for days cancelled by a customer within a job booking period applies only to the Driver originally booked. Credits cannot be transferred to another Driver or to a separate booking or job request.
Driver no-show
7.13 If a Driver fails to attend a booked job without reasonable notice, and the Customer notifies Road Ninja with sufficient evidence within twenty-four (24) hours of the scheduled start time, Road Ninja will take reasonable steps to address situations where the connection between the Driver and the Customer has fallen short of what was expected or booked, even though Road Ninja is not directly involved in the transportation services. Such intervention may include:
If Road Ninja cannot find a reasonable solution, such as a suitable replacement Driver, within three (3) business days of the Driver’s no-show, the Booking Fee will be refunded or credited in full to the Customer, at Road Ninja’s sole discretion.
Road Ninja accepts no liability, loss, or damages of any kind arising from a Driver’s failure to attend a booking, or from their ability (or inability) to perform the tasks set out in the Job Request to the Customers satisfaction.
Customer Cancellation
7.14 Customers who cancel a booking four (4) or more calendar days before the job start date will receive a full refund. Cancellations made within three (3) calendar days of the job start date are non-refundable, and the full booking fee will be retained.
7.15 When a Customer cancels a booked job request, Road Ninja will compensate the Driver by refunding up to 80% of the non-refundable portion of the booking fee, or such other percentage as determined by Road Ninja after deduction of service fees, resolution costs, and applicable taxes.
7.16 If a Driver cancels a booking or fails to attend (a "no-show"), their scorecard and ratings will be negatively impacted. Road Ninja may suspend or restrict the Driver from being visible for future work on the Platform.
Booking Fees — General
7.17 The Booking Fee is calculated as a percentage of the initial booking value, and is payable to Road Ninja at the time of confirming the booking, this fee is considered final once paid. You agree that:
Tax and Financial Obligations — Drivers
7.18 As an independent contractor providing Transportation Services via the Road Ninja Platform, you, the Driver, are solely responsible for all aspects of your financial and tax obligations related to your earnings from Transportation Services. This includes, but is not limited to:
Road Ninja is not your employer and has no obligation to withhold, collect, or remit any of the aforementioned taxes, contributions, or levies on your behalf. You acknowledge and agree to indemnify Road Ninja for any Loss incurred by Road Ninja due to your failure to comply with your tax or other financial obligations as an independent contractor.
Payments
Payment Services – Akahu and Stripe
7.19 If you are a Customer or Driver, you must use the payment service on the Road Ninja Platform to facilitate payment and receipt of all amounts payable on the Road Ninja Platform. Road Ninja uses Stripe to process credit card payments, and Akahu to initiate payments directly from a Customer's bank account. You must comply with the terms and conditions of both Stripe and Akahu to use the payment service on the Road Ninja Platform. Further detail relating to the Stripe and Akahu payment facilities, any applicable charges, and the timing of payments, is provided on the relevant page of the Road Ninja website and/or notified to you by Stripe and Akahu. Regular or consistent failure to make payments due to Drivers on time may result in negative ratings and performance scores, which could impact your standing as a Customer on the Platform.
Stripe Credit Card Processing Fee
7.20 While Road Ninja does not impose a credit card processing fee on Booking Fees, a credit card processing fee equal to 3.75% of the amount paid to the Driver will be applied and charged to the Customer at the time the Customer pays the Driver Fee.
Akahu Account Connection
7.21 To use the Akahu payment service, you will be required to connect your bank account to Akahu. This process may involve you being redirected to your bank's website or application and providing your bank login details. By connecting your bank account to Akahu, you give express consent to Akahu to access your Account Information from your Account Provider. Road Ninja does not have access to your bank account login details and is not responsible for the security of your bank account.
Akahu Payment Initiation
7.22 When you initiate a payment through Akahu, Road Ninja will communicate your payment instruction to your Account Provider via Akahu. Road Ninja does not control whether the Account Provider will accept and execute that payment instruction, it is your responsibility to ensure that all of the payment details are correct before you initiate a payment. You must have sufficient available funds in your bank account to cover the payment amount.
Akahu Payment Authorisation
7.23 For security purposes, all payments initiated through Akahu require two-factor authentication (2FA). You must complete the 2FA process each time you make a payment using Akahu. This additional security measure helps protect your account and financial information.
Consent Management
7.24 You can manage any ongoing consent you have granted to Akahu through the Akahu dashboard at my.akahu.nz. You can use the dashboard to revoke any ongoing consent that you have granted to Akahu or Third Party Apps (in this case, Road Ninja), or request Akahu to delete your data that we store. This applies to both the Account Information Service and Payment Initiation Service.
Akahu Fees
7.25 While Road Ninja does not charge you directly for the use of the Akahu service, Road Ninja may charge for services that utilise Akahu. Any charges will be disclosed on the Road Ninja platform before any payment is processed.
Account Provider Information
7.26 You acknowledge and agree that your Account Provider may contact you directly (and not through Akahu or the Road Ninja platform). This includes, but is not limited to:
You agree to resolve such matters directly with your Account Provider.
Akahu Data Processing
7.27 Akahu may standardise, enrich, categorise, and otherwise process your Account Information before sharing it with Road Ninja or any other third parties.
Akahu Payment Errors
7.28 You should regularly check the record of your transactions initiated through the Payment Initiation Service, including by checking the transactions shown on your bank statement.
Akahu Third-Party Terms
7.29 You acknowledge that Akahu, as a third-party provider, has its own terms and conditions, which you must agree to in order to use the Akahu payment services. Road Ninja does not control the terms of Akahu or any other third-party apps.
7.30 You are responsible for maintaining the security of your 2FA method (e.g., mobile device, authentication app) and for promptly notifying Road Ninja if you suspect any unauthorised access to your account or 2FA method.
7.31 Please be aware that:
Overdue payments and recovery costs (Customers only)
7.32 You must follow the directions provided on the Road Ninja Platform in relation to all amounts payable under these Terms (including using the services of Stripe referred to in clause 7). If you do not do so, you must:
General Payment Terms
7.33You acknowledge that:
7.34 All amounts expressed on the Road Ninja Platform are exclusive of GST and any other applicable taxes or charges (unless stated otherwise on the Road Ninja Platform), for which you will be responsible.
8.1 The Road Ninja Platform is intended to exclusively facilitate all Transportation Services arrangements. Customers and Drivers are strictly prohibited from entering into any direct engagement for Transportation Services outside of the Road Ninja Platform, unless Road Ninja has provided prior written consent. You must not:
Any breach of this clause may result in immediate suspension or termination of your Road Ninja Account and/or other remedies as set out in these Terms or as otherwise available to Road Ninja. Road Ninja shall not be liable for any loss arising from such suspension or termination.
Direct Engagement Fee
8.2 You acknowledge and agree that if you breach clause 8.1, it will cause significant loss to Road Ninja by depriving it of the Booking Fee it would have otherwise earned. You therefore agree that if you enter into a Direct Engagement in breach of these Terms, you will be liable to pay Road Ninja a "Direct Engagement Fee." This fee will be the greater of:
This amount is a genuine pre-estimate of Road Ninja’s loss. The fee will be invoiced upon discovery of the breach and must be paid within seven (7) days, time being of the essence. Road Ninja may debit or charge the amount directly to the payment method you have provided.
Road Ninja’s methods of discovery of such breach are confidential and will not be disclosed, except where required through formal dispute resolution or legal proceedings.
9.1 Intellectual Property Rights (both current and developed) in the Road Ninja Website and Road Ninja App, including all software and content, are the sole and exclusive property of Road Ninja (or the relevant licensor of the Intellectual Property Rights, as the case may be). Except as expressly set out in these Terms, all rights, title and interest in and to such Intellectual Property Rights remain vested in Road Ninja (or the relevant licensor of the Intellectual Property Rights, as the case may be). You agree that you will not claim any ownership of, or infringe, any Intellectual Property Rights in the Road Ninja Website and Road Ninja App, including all software and content.
9.1 Subject to compliance with these Terms, Road Ninja grants authorised Users a limited, non-exclusive, non-transferable, revocable, royalty free licence to access (including download) and use the Road Ninja Platform.
9.3 The limited license granted in clause 9.2 pertains strictly to general user access and does not include any right to access, utilise, or attempt to reverse engineer Road Ninja’s internal APIs, source code, or any testing, staging, or development environments. Any specialised technical access, including the issuance of developer credentials or API keys, must be governed by a separate, explicit written agreement or specialised licensing terms issued by Road Ninja, and unauthorised attempts to gain such access constitute a material breach of these Terms.
10.1 You agree that we may collect, hold, use and transfer your personal information in accordance with our Road Ninja Privacy Statement, which can be accessed on our website at https://roadninja.co.nz/privacy.html.
11.1 To the extent permitted by law, Road Ninja is not liable under or in connection with any Transportation Contract or any other agreements or understandings directly between Users or between Users and Stripe or Akahu. Any Disputes relating to a Transportation Contract, or Stripe’s services, will be a matter solely between you and the relevant Customer or Driver or Stripe (as applicable).
11.2 To the extent permitted by law:
11.3 For the purposes of section 5D of the Fair Trading Act 1986 (FTA), Road Ninja and each User acknowledges and agrees that, to the extent permitted by law, they are contracting out of sections 9, 12A and 13 of the FTA in respect of all matters covered by these Terms.
11.4 To the extent permitted by law, you agree to indemnify Road Ninja, our employees, directors, officers, agents and representatives (collectively, the Road Ninja Indemnified Persons) on demand and to hold Road Ninja Indemnified Persons harmless from any Loss which may arise, directly or indirectly, from your use of the Road Ninja Services or from your breach of these Terms. Road Ninja reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you must cooperate with Road Ninja in asserting any available defences.
12.1 Road Ninja operates the Road Ninja Platform by using a range of web services and APIs, including interoperating with a range of third party service features. You acknowledge that as part of using, and in order to use, the Road Ninja Platform, you may be redirected to third party websites or invited to use third party products (including Stripe Connect, Akahu, and Google Maps) and that in doing so, you will be subject to, and agree to be bound by, any terms and conditions and privacy statements imposed by the providers of those third party services. To the extent any linked websites you visit are not owned or controlled by Road Ninja, Road Ninja accepts no responsibility or liability for, or in connection with, the access or use by you of any such third party website, product or service or the privacy practices of those third party websites.
12.2 Road Ninja does not make any warranty or representation on the availability of any features, products or services of a third party which are used as part of the Road Ninja Platform. If a third party service provider ceases to provide that feature, product or service, or ceases to make that feature, product or service available on reasonable terms, Road Ninja may cease to make available that feature, product or service to you.
13.1 These Terms are subject to the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand in respect of any claim under or in connection with these Terms and/or the Road Ninja Platform. However, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction.
13.2 The relationship between the parties is independent parties and nothing in these Terms is intended to create a relationship of employment, trust, agency, partnership, joint venture or any other fiduciary relationship between any parties. No party has authority to bind or incur debts on behalf of the other party. For the avoidance of doubt, nothing in these Terms prevents or limits Road Ninja from enforcing any fees or remedies (including Direct Engagement Fees) for breaches of these Terms.
13.3 A waiver of any breach of these Terms or any right, power or remedy under, or in connection with, these Terms (including a right of termination) is not effective unless that waiver is in writing and is signed by the party granting the waiver. A failure to exercise, a delay in exercising, or a partial exercise of, any right, power or remedy under, or in connection with, these Terms does not operate as a waiver of such right, power or remedy. A waiver of any breach is not, or is not deemed to be, a waiver of any other or subsequent breach.
13.4 These Terms (and a Road Ninja Account) is personal to a User and a User may not assign or transfer all or any part of its rights and obligations under these Terms.
13.5 In these Terms:
14.1 If you have any questions, or would like to make a complaint or offer a compliment, we encourage you to contact us.
Email: support@roadninja.co.nz
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Applicable Law |
means any relevant law, regulation, or rule in New Zealand or Australia, including the rules of any payment provider such as Stripe or Akahu. |
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Authorised Representative |
means anyone that a Customer has authorised to use its Road Ninja Account on the Customer’s behalf. |
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Background Checks |
means the verification checks undertaken by Road Ninja to assess a Driver's eligibility, as detailed in clause 4.12. |
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Changes |
has the meaning given to that term in clause 4.21. |
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Customer |
means a person or entity that applies for or holds a Road Ninja Account to book Transportation Services. |
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Direct Engagement |
means any arrangement or agreement for Transportation Services between a Customer and a Driver who connected on the Platform that is formed outside of the Platform without Road Ninja's prior written consent. A Direct Engagement constitutes a breach of these Terms and will give rise to a Direct Engagement Fee. |
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Direct Engagement Fee |
means the fee payable to Road Ninja by a Customer or Driver if they enter into a Direct Engagement in breach of these Terms, which is the greater of NZD $3,500 plus GST or the total Booking Fees Road Ninja would have reasonably been expected to earn from all such Direct Engagements. |
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GST |
means Goods and Services Tax as defined in the Goods and Services Tax Act 1985. |
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Loss |
means any claim, loss, liability, cost, and expense, including legal costs on a full indemnity basis. |
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Dispute |
means any dispute arising under or in connection with these Terms. |
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Driver |
means a driver who applies and/or is approved for a Road Ninja Account as a “driver” and, if applicable, uses the Road Ninja Platform to confirm bookings for Transportation Services. |
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Driver’s Fee |
has the meaning given to that term in clause 7.2(c). |
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Electronic Message |
means a message sent by electronic means, including a “push” notification on the Road Ninja App, text message and/or email. |
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Intellectual Property Rights |
means all current and future registered and unregistered intellectual property rights, including rights in respect of patents, trade marks, trade names, logos, designs, copyright, rights in each of know-how, confidential information and trade secrets and all analogous rights and pending applications. |
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Payment Method |
means a valid credit card, debit card, direct bank transfer via Akahu, or any other payment method offered by our payment providers from time to time. |
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Road Ninja, we, us, our |
means Road Ninja Limited, and its successors and assignees. |
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Road Ninja Account |
means a Road Ninja account created by a User, using the Road Ninja Website or the Road Ninja App. |
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Road Ninja |
means the mobile application available at https://app.roadninja.co.nz/ (and any additional or replacement URL at any time). |
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Road Ninja App |
means the mobile application through which the Platform can be accessed. |
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Platform or Road Ninja Platform |
means Road Ninja’s proprietary platform accessed by a User via the Road Ninja Website or the Road Ninja App, and includes all software and other features of the platform; and any and all of the applicable services provided by Road Ninja to Users from time to time. |
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Road Ninja Indemnified Persons |
means Road Ninja and its employees, directors, officers, agents, and representatives. |
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Road Ninja Privacy Statement |
means the Road Ninja Privacy Policy available at https://roadninja.co.nz/privacy.html . |
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Road Ninja Website |
means the website available at https://roadninja.co.nz/ (and any additional or replacement URL at any time). |
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Stripe |
Stripe New Zealand Limited (and/or any additional or replacement payment services provider on the Road Ninja Platform at any time). |
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Stripe Privacy Statement |
means the Stripe Privacy Policy available at https://stripe.com/nz/privacy. |
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Akahu |
means Akahu Limited, the provider of the bank account payment initiation service integrated into the Road Ninja platform. |
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Akahu Privacy Statement |
means the Akahu Privacy Policy available at https://www.akahu.nz/privacy-notice. |
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Account Information |
means data or details pertaining to a User's bank account, including but not limited to account balances, account metadata, and the associated email address, which Akahu is authorised to access from the User's Account Provider to facilitate payment services on the Road Ninja Platform. |
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Account Provider |
Means the bank or financial institution where you hold the account(s) you connect to Akahu. |
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Payment Initiation Service |
a specific service offered by Akahu that enables the initiation of payments directly from a Customer's bank account, requiring Two-Factor Authentication for security purposes. |
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Akahu Dashboard |
means the online portal, accessible at my.akahu.nz. |
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Booking Fee |
means the fee payable by the Customer to Road Ninja for each successful booking of a Driver via the Platform, as set out in clause 7.6. |
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Business Day |
means a day (other than a Saturday or Sunday) on which registered banks are open for general banking business in Auckland, New Zealand. |
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Terms |
means these Terms of Use, including all documents and policies they refer to, as amended from time to time. |
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Transportation Contract |
means a contract entered into directly between a Customer and a Driver for the provision of Transportation Services. |
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2FA (Two-Factor Authentication) |
means a security measure that is required for certain payment methods, such as those initiated through Akahu. |
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Transportation Services |
means transportation services to be arranged via the Road Ninja Platform and provided by a Driver to a Customer in accordance with a Transportation Contract. |
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FTA (Fair Trading Act 1986) |
the Fair Trading Act 1986, a New Zealand statute, certain sections of which (specifically sections 9, 12A, and 13) are contracted out of these Terms to the extent permitted by law. |
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Base Booking Fee |
means 38 per cent of the initial booking value, used in the calculation of the Booking Fee. |
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Minimum Booking Fee |
means 12 per cent of the initial booking value, which is the lowest possible Booking Fee regardless of any applied discounts. |
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Density Discount |
means a reduction in the Booking Fee by 1.5 per cent for each hour booked beyond six hours in one work-day, up to a maximum reduction of nine per cent (for twelve hours per day). |
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Length Discount |
means a reduction in the Booking Fee by 1.5 per cent for every six full days within the same booking. |
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Loyalty Discount |
means a reduction in the Booking Fee by 1.5 per cent for future bookings between a specific Driver and Customer, for every six cumulative paid days that Driver has completed for that Customer on the Platform, up to an eighteen per cent loyalty cap. |
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Third Party Apps |
means applications or services, such as Road Ninja, that interact with Akahu's services for Account Information and Payment Initiation, and to which a User may grant ongoing consent. |
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Workday |
A workday is the 14-hour period within a 24 hour window, during which a driver may undertake a maximum of 13 hours of work time. The 24 hour window is triggered by the first log event of the job start time and can only be considered as a new 24 hours work day, after a mandatory rest period prior to start time has been achieved e.g. 10 hours rest for a new cumulative work day or 24 hours rest for a new cumulative work period. |
User or you |
means a Customer, Driver or any other person that accesses or uses the Road Ninja Platform. Also referred to as "you" or "your". |