Baybus OnDemand Terms of Use
These terms of use (“Terms”) detail your rights and obligations for use of Baybus OnDemand and the Baybus OnDemand App. You agree to be bound by them immediately upon your successful registration for Baybus OnDemand.
By downloading and/or using the Baybus OnDemand App, you agree that you (and anyone else using the Baybus OnDemand App on your device) will comply with these Terms, the Baybus OnDemand Privacy Statementopen_in_new and any other terms and conditions that apply to use of Baybus OnDemand such as use of the Bee card. To the extent of any inconsistency between these Terms and the other terms and conditions, these Terms shall prevail in relation to Baybus OnDemand.
1. Definitions
In these Terms, unless the context requires otherwise:
“Account ID Information” means the username and password that you provide on registration for the use of Baybus OnDemand.
“Account Application Form” means the aggregate of the data collection screens that you complete upon registration for the use of Baybus OnDemand.
“BOPRC” means Bay of Plenty Regional Council.
“Baybus OnDemand” means the rideshare service provided by BOPRC through the Baybus OnDemand App.
“Baybus OnDemand Account” means your account for use of Baybus OnDemand and all the associated transactions or other activity that is recorded using your Account ID Information.
“Baybus OnDemand App” (“the App”) means the smartphone and tablet application provided by BOPRC to facilitate the use of Baybus OnDemand. The Baybus OnDemand App is available from Google Play and the Apple App Store.
“Contact Centre” means the call centre service that supports and facilitates customer service in relation to Baybus OnDemand.
“Baybus OnDemand website” means the pages that have been established to provide more information to the customers about Baybus OnDemand at www.baybus.co.nz.
“Documentation” means any printed and electronic document or documentation (if any) provided to you in connection with Baybus OnDemand by BOPRC, including but not limited to these Terms, instructions covering the use of Baybus OnDemand, any other quotations for the provision of additional or optional components of Baybus OnDemand or licensing, support services or other services used in conjunction with Baybus OnDemand.
“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 Baybus OnDemand 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 a copyright, trademark, design, patent, semi-conductor 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 licence to use Baybus OnDemand within these Terms.
“Method of Payment” means the valid and current credit card details or debit card details that you associate with your Baybus OnDemand Account for the purposes of paying for Baybus OnDemand.
“Payment Terms” means the terms as detailed in clause 6 of these Terms.
“Restrictions of Use” means the terms as detailed in clause 3.2 of these Terms.
“Ride” means a trip using Baybus OnDemand.
“Ride Fare” means a fee associated with a Ride using Baybus OnDemand. Fees are published and updated on the Baybus website from time to time.
“Ride Proposal” means a proposed trip including details such as pick-up location, drop-off location, scheduled time and date for Ride, ETA for Ride, number of seats, Ride Fare and Method of Payment that is presented to you for your reservation confirmation.
“Security Terms” means the terms as detailed in clause 5 of these Terms.
“SMS” means the Short Message Service used by telecommunication operators that permits text or other messages to be communicated to any mobile phone service.
2. Introduction
2.1 Baybus OnDemand is an on-demand rideshare service intended to help passengers travel between any two points within a specified service zone by specifying a pick-up location and a drop-off location. Baybus OnDemand is currently being offered as a trial in Tauranga South only, and as such, is limited in its capacity, geographic region, and hours of operation. The service parameters may be reduced or expanded to a broader geographic area and/or additional hours of operation in the future, based on the results of the trial.
2.2 Customers use the Baybus OnDemand App (“the App”) to request, manage and pay for the Ride.
2.3 BOPRC owns the Baybus OnDemand brand, Baybus OnDemand logo and has a licence to operate the Baybus OnDemand technology.
3. Licence
3.1 Licence Rights.
BOPRC grants to you, and you accept a non-transferable and non- exclusive right to use, without the right to sub-licence, Baybus OnDemand service and the App subject to the following terms:
a. You are only licensed to use Baybus OnDemand and the App, and acknowledge that there has been no title in the product passed on to you by BOPRC;
b. You have registered to use Baybus OnDemand and maintain a current Baybus OnDemand Account with BOPRC;
c. You acknowledge that BOPRC has full right to alter Baybus OnDemand and the App features or functionality from time to time as it deems appropriate; appropriate release information will be published on the Google Play and App Store in relation to such modifications; and
d. You acknowledge and agree your right to use Baybus OnDemand and the App may be revoked by termination of this agreement as specified by clause 14.
3.2 Restrictions of Use.
You will not use and will not allow any third party to use Baybus OnDemand and the App for any purpose other than to facilitate a Ride.
3.3 Title.
Title to and ownership of Baybus OnDemand, the App, the Documentation, the Baybus OnDemand 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 Baybus OnDemand, the App and the Documentation, and modifications and derivative works thereof, is permanently and irrevocably vested in BOPRC and its suppliers and shall remain with BOPRC and its suppliers.
3.4 Other than to the extent of the Licence granted hereunder, no licence, right or interest in any Baybus OnDemand or any other of BOPRC's trademarks, service marks or trade names is granted to you under these Terms.
4. Registration
4.1 You are required to register a new account (“New Account”) via the App.
4.2 If registering a New Account for the use of Baybus OnDemand:
a. You are required to provide the information requested by the Account Application Form including:
i. your contact details (your full name, your email and phone number);
ii. a username and password to be associated with your New Account (the “Account ID Information”);
iii. the details of your method of payment;
iv. any further account information which may be required to protect the security of your New Account.
4.3 You are able to maintain, edit or delete your Baybus OnDemand Account via the App or by contacting the Contact Centre only.
5. Security terms
5.1 You are not permitted to disclose your Account ID Information to any third party and in doing so (to the fullest extent permitted by law), you relieve BOPRC of any liability it may or may not have to you in respect of any breach or misuse of your confidential information through the use of your Account ID Information by any third party (including any liability for any activity on your Baybus OnDemand Account).
5.2 You acknowledge that the applicable Ride Fare will be automatically deducted from your nominated credit card by any party who initiates and completes a Ride via the App with your Baybus OnDemand Account.
5.3 You accept full responsibility for maintaining the accuracy of your information that is associated with your Baybus OnDemand Account.
5.4 You agree to notify BOPRC immediately upon becoming aware of any unauthorised use of your Account ID Information.
6. Payment terms
6.1 Method of Payment.
a. You will provide a valid credit card or debit card to be associated with your Baybus OnDemand Account or choose to use your Bee card as the Method of Payment for your Baybus OnDemand Account.
b. You warrant that the Method of Payment information that you provide will, at all times, be correct, valid, and current information that you are authorised to provide.
c. You agree to update your Method of Payment details via the App, or the Contact Centre should your credit card or debit card be cancelled, suspended, expire or its details otherwise change.
d. Failure to maintain your Method of Payment details accurately via the App may result in BOPRC suspending your account.
e. As Baybus OnDemand is currently offered as a trial, credit cards, debit cards and Bee cards are the only accepted Method of Payment within the App. Baybus OnDemand does not accept cash or EFTPOS payments on board the vehicle.
6.2 While BOPRC does not store or transmit payment card data, it does process card payments, which are subsequently handled by an external service provider who is certified as being PCI DDS compliant.
6.3 Automatic deduction.
a. You understand and agree that use of Baybus OnDemand will result in the payment of a Ride Fare and you authorise automatic payment of the Ride Fare via your nominated Method of Payment;
b. In the event that an automated payment that BOPRC is authorised to make with your nominated Method of Payment is declined by your payment card provider:
i. you will be notified and your Baybus OnDemand Account will be suspended immediately. In such event, your Baybus OnDemand Account will not be able to be used for the payment of a trip until the balance on your credit card or debit card is sufficient to pay the outstanding amount.
ii. you authorise BOPRC to attempt to recover the outstanding amount. If you do not pay the amount owing on your Baybus OnDemand Account, after ninety days has passed since the date of the failed transaction, BOPRC will permanently disable your Baybus OnDemand Account.
6.4 Concession fares.
a. All passengers wishing to access concession fares must have these preloaded on a Bee card and must use their Bee card to be charged the relevant fare when they board the vehicle.
b. Children under the age of 5 must be listed as a passenger when reserving a Ride and must be accompanied by a carer when using Baybus OnDemand but may travel free of charge.
7. Your Baybus OnDemand Account
7.1 BOPRC may, at its absolute discretion, suspend your Baybus OnDemand Account if you breach any of these Terms. In the event that we suspend your Baybus OnDemand Account, the suspension will remain in force for such period as BOPRC may direct.
7.2 You may delete your Baybus OnDemand Account at any time by deleting the App or contacting the Contact Centre.
7.3 You agree to update your Baybus OnDemand Account to reflect any changes in your personal details immediately upon the occurrence of such a change.
7.4 You shall be exclusively responsible for the management and control of your Baybus OnDemand Account, including but not limited to:
a. maintaining the confidentiality of your Account ID Information;
b. maintaining the validity of your Method of Payment; and
c. ensuring that you follow the instructions for the correct and proper use of the App or other use of Baybus OnDemand that are published or otherwise notified by BOPRC from time to time.
8. GST
8.1 The Ride Fares, charges and other amounts payable to BOPRC under these Terms are stated and payable in New Zealand dollars inclusive of GST, if any. A payment receipt will be provided to you through the App on request.
9. Request a ride
9.1 Baybus OnDemand 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”).
9.2 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 time of booking, we reserve the right to refuse to carry any additional passengers. If you arrive at the pick-up location with fewer passengers than confirmed in your Ride Reservation, you will be charged the full amount for the original reserved number of passengers.
9.3 You are responsible for the conduct of your passengers when using Baybus OnDemand.
9.4 You must make sure you and your passengers are at the pick-up location at least 2 minutes prior to departure. If we require you to walk to the pick-up location, it will be clearly indicated in the Ride Proposal in the App.
9.5 We may substitute an alternative vehicle if deemed necessary, at our discretion.
9.6 We will endeavour to meet the requested pick-up times. In the case of unforeseen circumstances arising, we cannot be held liable should any delays result.
9.7 We don't allow any itinerary changes once you have accepted a Ride Proposal.
10. Fare and fees
10.1 Payment by credit or debit card will be deducted automatically once you complete your Ride.
10.2 Payment by Bee card will be deducted when you swipe your card on and off the vehicle.
10.3 Cancellation policy.
a. You will not be charged any cancellation fee for a Ride Reservation cancellation.
b. If you repeatedly cancel Rides, BOPRC reserves the right to suspend your Baybus OnDemand Account on 48 hours' notice.
10.4 No-show policy.
a. A “no-show” is if you and your passengers are not present at the pick-up location and time designated in your Ride Reservation. You will not be charged a cancellation fee.
b. For repeated no-shows, BOPRC reserves the right to suspend your Baybus OnDemand Account on 48 hours' notice.
10.5 Promotional fares.
Baybus OnDemand may offer promotion codes with various features and rates. The promotion codes can only be used with Baybus OnDemand and will be subject to their stated conditions and expiration date. It is your responsibility to fully understand the rates and conditions for the promotion codes you use.
10.6 Additional Cleaning/Damage Fees.
Any damage incurred beyond normal wear and tear will be charged to the passenger responsible. If a biological incident occurs on board, the driver has a specific kit for cleaning and disposing of this waste. A $100.00 fee will apply for the cleaning of this type of spill.
11. Refunds
11.1 BOPRC, acting reasonably, reserves the right to refuse a refund for any Ride Fare and fees described in these Terms deducted from your Method of Payment.
12. Eligibility and conditions of carriage
12.1 Minors.
a. A parent or legal guardian must register anyone between the age of 5-16 years old to use Baybus OnDemand.
b. The parent or legal guardian is, accordingly, bound by these Terms and any changes to these Terms and is and remains responsible for compliance with these Terms.
c. Children under the age of 5 years old must be accompanied by a carer. The carer is responsible for providing and installing a child’s car seat securely on boarding the vehicle and removing it at the end of the Ride.
12.2 Refusal to carry.
The driver of the Ride vehicle shall have the right to refuse to carry any person, or to seek to remove them from the vehicle if:
a. The person is intoxicated, drugged, dirty, or behaving in a manner which is dangerous or offensive to other passengers or the driver, or who refuses to obey a reasonable request made by a driver under these circumstances.
b. The person is accompanied by an animal other than a guide or other service dog.
c. The person possesses and/or consumes alcohol/drugs on board any Ride vehicle.
d. 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 on board any Ride vehicle.
13. Accessibility
13.1 As Baybus OnDemand is currently offered as a trial, a minimum of one vehicle in the service trial fleet will be accessible to customers using wheelchairs.
13.2 Wheelchair sizes.
Manual wheelchairs and power wheelchairs can be carried on a wheelchair-accessible Baybus OnDemand vehicle, subject to the following restrictions:
- Maximum length: 1400mm (including footplates/feet)
- Maximum width: 800mm
- Maximum lifting weight: 500kg (combined weight of wheelchair and user)
- Maximum wheelchair weight: 200kg
Being able to operate within these dimensions and weights is necessary to enable safe operation of the hoist and manoeuvring into the wheelchair seating area.
14. Termination
14.1 This agreement between yourself and BOPRC in respect of the use of Baybus OnDemand may be terminated by BOPRC immediately upon:
a. Any misuse by you of the App, or Baybus OnDemand in any way;
b. Any misuse of your Baybus OnDemand Account by yourself or any third party including any fraudulent activity; or
c. Any breach by you of any of these Terms;
d. If after 90 days of your Baybus OnDemand Account being suspended under clause 7a, a valid Method of Payment has not been provided by you; or
e. You become bankrupt or are otherwise unable to pay your debts in full as they fall due; or
f. If BOPRC's licence to operate the Baybus OnDemand technology is terminated or BOPRC otherwise determines it will cease to provide Baybus OnDemand.
14.2 This agreement between yourself and BOPRC in respect of the use of the Baybus OnDemand may be terminated by you deleting the App or advising the Contact Centre that you wish to close your Baybus OnDemand Account.
14.3 Clauses 3, 17 and 20 survive termination of this agreement.
14.4 Termination or cancellation of this agreement for any reason, does not affect any other rights or remedies available to either you or BOPRC which arose at or before the end of the termination of the agreement.
15. Notification services
15.1 BOPRC may communicate with you by phone, email, text message or posting a notice on the App.
15.2 You agree to receive emails from us at the email address you provided to us for purposes related to provision of Baybus OnDemand.
15.3 In-App Notices.
We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you.
15.4 SMS Text Messages.
a. You agree that SMS notification may be sent to the phone number you provide when:
i. you register with Baybus OnDemand
ii. you make a Ride Reservation
iii. your Ride vehicle is approaching the designated pick-up location
iv. your Ride vehicle is at the designated pick-up location, and
v. you reset your password on the App.
b. BOPRC will not charge you for the SMS notification services but your telecommunications provider may charge you for transmission of, or receipt of, SMS services.
c. You acknowledge that SMS messages are not always guaranteed to be delivered and that BOPRC cannot be held responsible for their successful delivery unless it is shown that the SMS failed to be delivered due to a fault with the App.
16. Indemnities
16.1 You indemnify BOPRC 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:
a. You altering, interfering with or tampering with the App, your Baybus OnDemand Account or your Method of Payment (or allowing a third party to do so);
b. Your failure to comply with any of these Terms;
c. The breach of these Terms by anyone using your Baybus OnDemand Account with valid Account ID Information; or
d. Your negligent or wilful acts or omissions.
16.2 Your liability in respect of this clause 16 is reduced to the extent that it can be shown that BOPRC has contributed to such loss, damage or liability.
17. Baybus OnDemand customer service
17.1 You may contact BOPRC in respect of any aspect of Baybus OnDemand:
a. By feedback in the App
b. By email to support@baybus.zendesk.com
c. By phoning the Contact Centre on 0800 4 229 287
17.2 You may clarify or notify any disputed payment deduction by any of the methods in clause 17.1 and BOPRC will provide correct the error on your Baybus OnDemand Account or otherwise provide a response to you at the address associated with your Baybus OnDemand Account within 60 days.
18. Privacy
18.1 Where BOPRC collects personal information from or about you in order to provide you with a Baybus OnDemand Account or through your use of Baybus OnDemand the BOPRC the Baybus OnDemand Privacy Statement available on our 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 this Policy, which forms part of these Terms.
19. Limited warranty, liability, and disclaimer
19.1 BOPRC makes no representation to you about the availability of Baybus OnDemand or the App. If Baybus OnDemand is not available, you are advised to seek transport alternatives.
19.2 There may be scheduled maintenance of the App from time to time, which will be notified on the App in advance.
19.3 Warranties and Representations
To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether expressed, implied, or statutory), with respect to Baybus OnDemand, the App and the Method of Payment 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).
19.4 In particular, BOPRC does NOT warrant that:
a. The App is error-free;
b. Use of the App will be uninterrupted or will not result in loss of data;
c. The App will function correctly on your particular equipment (personal computer, smartphone or otherwise).
d. A Ride will start at the ETA or be completed within a particular journey time.
19.5 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.
19.6 Indirect Losses.
To the maximum extent permitted by law, BOPRC (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:
a. the issue, use of, inability to use, or reliance upon, Baybus OnDemand, the App and a Baybus OnDemand Account;
b. any fees payable using Baybus OnDemand including, without limitation, any Ride Fares;
c. a Baybus OnDemand Account being suspended or cancelled for any reason;
d. any period where any equipment, software, or system is unavailable for processing Baybus OnDemand Account transactions; or
e. Baybus OnDemand, Method of Payment, or the App in any other way, even if we have been expressly advised of the possibility of such damages.
f. any Ride delays.
19.7 Limitation of Liability.
If, we are found liable to you under these Terms (or in contract, tort, or otherwise), to the maximum extent permitted by law, our liability to you will not exceed in aggregate the reimbursement of any fees and Ride Fares deducted in error.
20. Accompanied items and lost property
20.1 Accompanied items.
a. Prams, pushchairs, baby carriages, and similar items may be carried on a vehicle at any time without charge, provided they can be folded down and there is room available. Such devices must be able to be carried by you and/or your support person.
b. Battery-powered mobility scooters may not be carried on any vehicle.
c. Personal motorised mobility devices, such as Segways, are not permitted on any vehicle.
d. Guide (and other service) dogs may be carried free of charge at all times on any vehicle. Other than these, no pets or other animals may be carried on the vehicles.
e. Customers may take hand luggage and small articles on 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.
f. 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.
20.2 Lost or Damaged Personal Items.
a. All personal items (including luggage, sports gear, computers and bicycles) are stored and carried entirely at your own risk. You are solely responsible for the items and the contents thereof.
b. Items left in our vehicles whose owner cannot be identified and contacted will be removed from the vehicle and will be stored at the operator's depot. Items will be available for collection during office hours. Please contact our Contact Centre to confirm office hours for collection and the operator's depot location.
c. If not claimed within three months these items will become the property of BOPRC. We will remove and securely destroy personal data from the item and will then either donate any items to charity or recycle, dispose of, or sell items.
d. BOPRC is not responsible for any items transported by the passenger under his/her own care. We are also not responsible for loss or damage to money, securities or valuable items.
21. General
21.1 Assignment of Agreement.
a. You shall not assign or otherwise transfer your rights under these Terms. Any attempt to make such an assignment without BOPRC's consent shall be void and result in immediate termination of this Agreement without notice.
b. BOPRC is entitled to assign or otherwise transfer its rights and obligations hereunder at its own absolute discretion.
21.2 Non-waiver.
BOPRC and you 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. BOPRC and you further agree that no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise. The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
21.3 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.
21.4 Variation.
These Terms may be varied by BOPRC at any time and such changes will be notified to you in accordance with clause 21.10, with reasonable notice prior to coming into effect.
21.5 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 Baybus OnDemand, Method of Payment or these Terms.
21.6 New Zealand Use Only.
Baybus OnDemand is intended for use in Tauranga, 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 Baybus OnDemand is not illegal or otherwise prohibited by the laws of your jurisdiction.
21.7 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.
21.8 Entire Agreement.
These Terms, together with any other terms produced by us relating to Baybus OnDemand 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.
21.9 Force Majeure.
BOPRC 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 Baybus OnDemand or the App, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of BOPRC, including (without limitation):
a. flood, lightning, acts of God, fire, earthquakes, and other natural disasters;
b. judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;
c. failure of any electricity or telecommunications service (including the Internet);
d. failure of any equipment, software, computer hardware, or system required for the operation of the system where the maintenance and repair of that item is the responsibility of a third party;
e. the acts or omissions of any party for whom BOPRC is not responsible.
21.10 Notices (which includes any written communications or statements) may be:
a. Sent by email to the email address provided by you for your Baybus OnDemand Account;
b. Sent by an SMS message to the mobile number provided by you for your Baybus OnDemand Account; or
c. Given to you by any other way which the law permits.
21.11 Notices to BOPRC (which includes any written communications or statements may be sent to: support@baybus.zendesk.com
22. Interpretations
22.1 In and for the purposes of interpretation of these Terms, unless inconsistent with the sub-context or subject matter:
a. Reference to time unless otherwise specified shall be reference to New Zealand Standard Time (NZT).
b. Reference to monetary amounts shall be reference to such amounts expressed in New Zealand Dollars (NZD).
c. 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.
d. Except as otherwise expressed or provided, where under or pursuant to these Terms or anything 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.
e. 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.