Terms & Conditions

About Driver on Demand

Driver on Demand operates a technology marketplace that enables customers to find, book and pay independent drivers to drive vehicles supplied by customers.

DOD does not provide the customer's vehicle.

Drivers who provide services through the DOD platform operate as independent contractors and are not employees of DOD.

DOD's role includes facilitating:

• Customer and driver registration
• Driver discovery and matching
• Driver verification processes
• Bookings
• Communications
• Location and trip functionality
• Payments
• Ratings and reviews
• Customer support
• Safety and incident-management functions

The actual driving service is performed by the driver using the vehicle supplied or authorised by the customer.

Acceptance of These Terms

By registering for, accessing or using DOD, you confirm that:

• You have read and understood these Terms
• You agree to comply with them
• Information you provide is accurate
• You are legally capable of entering into the booking
• You agree to DOD's Privacy Policy
• You agree to applicable booking, cancellation and payment conditions presented through the platform

Where DOD uses electronic acceptance, selecting “I Agree”, “Accept”, “Confirm Booking” or a similar button constitutes your electronic acceptance of the applicable terms.

Eligibility

To create a customer account, you must:

• Meet DOD's applicable age requirements
• Be legally capable of entering into a contract
• Provide accurate registration information
• Maintain current contact information
• Use the platform lawfully
• Comply with these Terms

DOD may require identity or other verification where reasonably necessary for safety, security, fraud prevention or compliance.

Your DOD Account

You are responsible for maintaining the security of your account.

You must not:

• Allow unauthorised persons to access your account
• Create accounts using false information
• Impersonate another person
• Use another person's account without permission
• Attempt to circumvent account restrictions
• Use DOD for fraudulent or unlawful purposes

Please notify DOD promptly if you believe your account has been compromised.

Booking a Driver

Customers may use DOD to request an available driver or schedule a driver in advance where those options are available.

A booking may include information such as:

• Pickup location
• Destination
• Date
• Time
• Estimated duration
• Vehicle
• Driver requirements
• Licence class requirements
• Additional booking instructions

Availability is not guaranteed until the booking has been confirmed through the platform.

The customer is responsible for ensuring that all booking information is accurate.

Customer-Supplied Vehicles

DOD drivers drive customer-supplied vehicles.

Before providing a vehicle for a booking, the customer confirms that they:

1. Own the vehicle or have lawful authority to provide it;
2. Have permission for the booked driver to drive it;
3. Have disclosed material information about the vehicle that could affect safe operation;
4. Have ensured that the vehicle is legally permitted to be operated on New Zealand roads.

DOD does not provide, own, lease or rent the customer's vehicle merely by facilitating a booking.

Vehicle Safety & Roadworthiness

The customer is responsible for ensuring that the vehicle supplied for the booking is safe and roadworthy.

Where applicable, the vehicle must have:

• Current registration
• Current Warrant of Fitness
• Required Road User Charges
• Safe tyres
• Operational lights
• Operational brakes
• Functional seatbelts
• Adequate fuel or charge
• No known defect that would make the vehicle unsafe or unlawful to operate

A driver may decline or discontinue a booking where they reasonably believe that the vehicle is unsafe, unlawful to drive or materially different from the booking information.

Vehicle Insurance

The customer is responsible for maintaining appropriate insurance for the vehicle used for a DOD booking.

Before making a vehicle available to a DOD driver, the customer must ensure that their insurance arrangements permit the vehicle to be driven by the booked driver for the intended use.

Customers should check their individual insurance policy or contact their insurer where necessary.

DOD is not the motor vehicle insurer.

The customer's insurance arrangements remain between the customer and their insurer.

Accidents & Vehicle Damage

If an accident or vehicle-related incident occurs during a booking, the driver must take reasonable steps to:

• Stop where required by law
• Protect the immediate safety of people involved
• Contact emergency services where necessary
• Exchange information where legally required
• Preserve relevant information where reasonably possible
• Report the incident to DOD promptly

Where an insurance claim is required, the customer is responsible for notifying and lodging the claim with their vehicle insurer.

DOD may reasonably assist the parties by providing available booking, driver, trip and incident information, subject to applicable privacy and legal requirements.

Nothing in these Terms excludes, restricts or modifies liability or legal rights where doing so would be unlawful.

Traffic Fines & Infringements

Drivers are responsible for traffic infringements resulting from their driving conduct while they have control of the customer's vehicle, to the extent responsibility may lawfully be attributed to them.

This may include:

• Speeding infringements
• Red-light infringements
• Illegal parking attributable to the driver
• Mobile-phone offences
• Driver seatbelt offences
• Driving-related penalties
• Other infringements arising directly from the driver's actions

Where an infringement is initially issued to the registered owner, the customer may identify or nominate the driver where permitted or required by law.

The customer remains responsible for vehicle-related obligations that are not caused by the driver's conduct, such as vehicle registration, WoF and applicable vehicle-owner obligations.

Driver Requirements

Drivers accessing bookings through DOD must satisfy DOD's applicable onboarding and verification requirements.

Depending on the service, these may include:

• Identity verification
• Valid driver licence
• Appropriate licence class
• Relevant endorsements where required
• Right-to-work verification
• Criminal-history verification
• Ongoing compliance checks

Drivers must maintain the legal ability to perform services through the platform.

Independent Drivers

Drivers providing driving services through DOD operate as independent contractors.

They are not employees of DOD merely because they use the DOD platform.

Drivers are responsible for their own obligations relating to their independent activities, including applicable:

• Tax
• GST
• ACC
• Licensing
• Work eligibility
• Professional conduct
• Legal compliance

Nothing in these Terms overrides the legal characterisation of a relationship that applies under New Zealand law based on its actual circumstances.

Driver Conduct

Drivers must:

• Drive safely and lawfully
• Follow applicable New Zealand road rules
• Hold the appropriate licence for the vehicle
• Treat customers and passengers respectfully
• Not drive while impaired by alcohol or drugs
• Not drive when dangerously fatigued
• Not use a handheld mobile device unlawfully while driving
• Report material accidents or safety incidents
• Protect customer property reasonably entrusted to them

DOD may investigate reported breaches of these standards.

Customer & Passenger Conduct

Customers and passengers must treat drivers respectfully.

Customers and passengers must not:

• Threaten or assault drivers
• Engage in unlawful harassment
• Discriminate unlawfully
• Pressure a driver to break road rules
• Ask a driver to speed
• Interfere dangerously with vehicle operation
• Carry unlawful items
• Intentionally damage driver or platform property
• Use DOD for unlawful activities

A driver may end or refuse a service where continuing would create a genuine safety or legal concern.

Pricing

The applicable price, rate or pricing method will be presented through the DOD platform before or during the booking process.

Charges may include, where applicable:

• Driver service charges
• Booking or platform fees
• Time-based charges
• Distance-related charges
• Waiting charges
• Cancellation fees
• Additional agreed services
• Applicable GST

Customers will be given information about applicable material charges before becoming bound where required by law.

Payments

Payments are processed through DOD's authorised payment systems or payment service providers.

By confirming a booking, the customer authorises the applicable charges to be processed using their selected payment method.

DOD may:

• Collect the booking payment
• Deduct applicable platform commissions or fees
• Facilitate payment to the independent driver
• Process refunds or adjustments
• Manage payment disputes and chargebacks

Payment-card information may be handled directly by DOD's payment provider rather than stored by DOD.

Cancellations

Customers and drivers may cancel bookings in accordance with the cancellation rules presented through the DOD platform.

Depending on the circumstances, a cancellation fee may apply.

Relevant factors may include:

• Time remaining before the booking
• Whether the driver has accepted the booking
• Whether the driver has travelled toward the pickup
• Driver waiting time
• Customer no-show
• Safety concerns
• Vehicle condition
• Exceptional circumstances

Applicable cancellation charges will be disclosed in accordance with DOD's Cancellation & Refund Policy.

Refunds

Refund eligibility depends on the circumstances of the booking.

DOD may consider refunds or adjustments for matters including:

• Booking cancellation
• Duplicate payment
• Incorrect charge
• Service not provided
• Material platform error
• Other circumstances required by law

Refunds will ordinarily be returned to the original payment method where practicable.

Nothing in this section limits any rights available under applicable New Zealand consumer law.

GPS & Location Services

DOD may use location information to operate platform features including:

• Driver matching
• Pickup navigation
• Estimated arrival
• Trip progress
• Safety functionality
• Customer support
• Incident investigation
• Fraud detection

Collection and use of location information is further explained in DOD's Privacy Policy.

Communications

DOD may enable communications between customers and drivers through the platform or associated communications services.

Users must not use these facilities for:

• Harassment
• Threats
• Spam
• Fraud
• Illegal activity
• Unauthorised commercial solicitation

DOD may retain communications where permitted and reasonably necessary for safety, support, fraud prevention, dispute resolution or legal compliance.

Ratings & Reviews

Customers and drivers may be permitted to rate or review each other.

Reviews must:

• Reflect genuine experiences
• Be reasonably accurate
• Not contain unlawful threats
• Not contain discriminatory or abusive material
• Not intentionally mislead users

DOD may moderate or remove content that breaches platform rules or applicable law.

Lost Property

DOD is not a storage service and does not guarantee recovery of items left in customer vehicles or otherwise misplaced during a booking.

Where possible, DOD may assist customers and drivers in communicating regarding lost property.

Users should not disclose unnecessary personal information when arranging return of an item.

Prohibited Uses

You must not:

• Commit fraud
• Manipulate payments
• Create fake bookings
• Abuse promotional programmes
• Interfere with platform security
• Introduce malicious software
• Scrape DOD systems without authorisation
• Reverse engineer protected platform components except where permitted by law
• Circumvent account restrictions
• Use DOD to facilitate unlawful activity

DOD may investigate suspected misuse.

Suspension & Account Closure

DOD may suspend, restrict or terminate access where reasonably justified by circumstances including:

• Serious or repeated breaches of these Terms
• Fraud
• Safety concerns
• Unlawful activity
• Failed driver eligibility requirements
• Material payment abuse
• Threatening behaviour
• Platform security risks

Where appropriate, DOD may investigate before making a final account decision.

Privacy

DOD handles personal information in accordance with its Privacy Policy and applicable New Zealand privacy law.

The Privacy Policy explains:

• Information collected
• Why information is collected
• Location information
• Driver verification
• Third-party providers
• Overseas disclosures
• Security
• Retention
• Access and correction
• Privacy complaints
• Privacy breaches

Users should read the Privacy Policy together with these Terms.

Intellectual Property

DOD's website, application, branding, logos, software, content and associated intellectual property belong to DOD or its licensors unless otherwise stated.

Users receive a limited, revocable, non-exclusive right to use the platform for its intended purpose.

No ownership rights are transferred to users.

Third-Party Services

DOD may rely on third parties to provide functionality such as:

• Payments
• Mapping
• Communications
• Cloud infrastructure
• Identity verification
• Driver verification
• Analytics

Third-party services may be governed by their own terms and privacy practices.

DOD's Role & Liability

DOD operates the technology marketplace through which customers can request services from independent drivers.

DOD does not become the owner or insurer of a customer's vehicle by facilitating a booking.

To the maximum extent permitted by law, DOD is not responsible for losses arising solely from matters outside DOD's reasonable control.

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability where exclusion or limitation is prohibited by New Zealand law.

Consumer Rights

These Terms operate subject to applicable New Zealand law.

Nothing in these Terms is intended to exclude rights that cannot lawfully be excluded, including applicable rights under the:

• Consumer Guarantees Act 1993
• Fair Trading Act 1986

Where those laws apply, they prevail over any inconsistent provision of these Terms to the extent required by law.

Complaints & Dispute Resolution

If you have a concern, please contact DOD first so that we can investigate.

DOD may request:

• Booking reference
• Date and time
• Description of the issue
• Supporting photographs
• Relevant communications
• Payment information
• Incident information

DOD will endeavour to investigate complaints fairly.

Nothing in this process prevents a user from exercising any statutory right or accessing a court, tribunal, regulator or other dispute-resolution process where available.

Changes to These Terms

DOD may update these Terms when necessary because of:

• Changes to the platform
• New services
• Legal or regulatory requirements
• Safety requirements
• Technology changes
• Operational changes

Material changes will be communicated where required.

The current version will be published on the DOD website together with its effective or updated date.

Governing Law

These Terms are governed by the laws of New Zealand.

Disputes will be dealt with in accordance with applicable New Zealand law and the jurisdiction of the appropriate New Zealand courts or tribunals.

Contact Driver on Demand

Driver on Demand NZ Limited
Auckland, New Zealand

For customer support, complaints or privacy enquiries, visit the DOD contact page. Contact channels will be confirmed before the service opens.

Visit the DOD contact page →