Last updated: 24 October 2024
1.1 Please read these Terms of Use carefully. They apply to your use of the Drive website (drive.govt.nz), the Drive Go app and the Drive Community resources (“Drive”).
1.2 By using Drive, you accept these Terms of Use and are bound by them, and you acknowledge that you have read and understood the Privacy Statement. If you do not accept these Terms of Use, you should not use Drive.
1.3 You do not need to set up an account on Drive to browse the website or to order Drive Community resources. However, the Drive Go app and some features on the Drive website will require you to set up an account (for example, the practice tests).
2.1 In these Terms of Use:
3.1 We may amend these Terms of Use in whole or in part from time to time.
Amendments will be effective immediately when we post the amended Terms of Use on the Drive website and app. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use Drive, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).
4.1 IP rights in Drive
We own all intellectual property rights in Drive, including all of the content of Drive (such as text, graphics, logos, icons, video and sound recordings) and all software code underlying and forming part of Drive.
4.2 Your right to use Drive
You may use, view, save, copy and print any part of Drive for your personal use, or for non-commercial use without permission as long as you attribute the work to NZTA and ACC, and abide by the licence terms under the Creative Commons licence.
Creative Commons Attribution 4.0 International licence
If you wish to modify any of the information on Drive or use the material on Drive for commercial or business purposes, you must obtain written permission from us first. Please contact drive@nzta.govt.nz
5.1 Compliance with law
You agree to use Drive in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of Drive.
5.2 Specific prohibitions
Without limiting clause 5.1, in particular, you agree not to (or attempt to):
(a) damage or harm Drive, or any underlying or connected network or system;
(b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Drive or content featured on it for any purpose;
(c) introduce any viruses, content or code to Drive which is technologically harmful;
(d) use Drive to do anything unlawful, misleading, malicious, or discriminatory;
(e) do anything that could disable, overburden, or impair the proper working of Drive, such as a denial of service attack;
(f) facilitate or encourage any violations of these Terms of Use;
(g) upload or post any content in Drive (or use Drive to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable;
(h) send or otherwise post unauthorised commercial communications (such as spam) in Drive;
(i) solicit log in information or access an account belonging to someone else (without their express permission);
(j) bully, intimidate, or harass any user/member of Drive;
(k) use Drive in a way that distracts or could distract you or another person when driving a vehicle.
5.3 Linking
You may create a hyperlink to Drive from another website. However, this link must not be presented in any way that implies that Drive has an association with the other site, or endorses that site or the products available on or through that site. Neither our name, nor any of our logos may be used on any other site without our written consent. If you create a hyperlink text to Drive, you are responsible for all direct and indirect consequences of the link.
5.4 Unsolicited email
Publication of email addresses on Drive should not be taken as deemed consent to receiving unsolicited email (i.e. spam). Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear through Drive must comply with the requirements of the Unsolicited Electronic Messages Act 2007.
Unsolicited Electronic Messages Act 2007
6.1 Security of your login information
If you register an account on Drive, you must keep all usernames and passwords secure and confidential. You must take reasonable care to:
(a) choose a password that is known only to you which cannot be easily guessed;
(b) not disclose your password to anyone; and
(c) change your password at regular intervals.
6.2 Compromise of passwords
You must immediately change your password and notify us if:
(a) you believe someone else might know your password; or
(b) you become aware of any unauthorised use of your username or password.
6.3 Effect of using username and password
You agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Drive and that we may do so without further enquiry.
6.4 Responsibility for login information
You are responsible for any actions taken through your login.
6.5 Termination of account
We may decline to register, suspend, or terminate your account (including your login and/or the connection of your hardware device) without notice and without entering into discussions with you. Without limiting the foregoing, we may suspend or terminate your account if a serious complaint or multiple complaints are received about you from other members, if you breach these Terms of Use, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. If we suspend or terminate your account, you must not create another one without our prior approval.
Drive is provided on an “as is” and “as available” basis. You agree that, to the maximum extent permitted by law:
(a) Any and all of our liability and responsibility to you or any other person:
i. Under or in connection with these Terms of Use; or
ii. In connection with Drive (including any errors in or omissions from Drive), and goods or services provided on or through Drive, another user’s acts or omissions (including any comments or content posted), or your use of or inability to use, Drive (including any loss or corruption of data),
Is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
(b) Our liability and responsibility is excluded in respect of any loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
8.1 The information available on or through Drive is intended to provide general information to the public and all reasonable measures have been taken to ensure the quality and accuracy of that information. However, we:
(a) may change, delete, add to, or otherwise amend information contained on Drive without notice; and
(b) are not responsible for the content of other websites linked (except those of NZTA and ACC) to or referenced through Drive.
8.2 The contents of Drive should not be construed as legal advice and, before acting on any information, you should take specific advice from qualified professional people.
8.3 Reference to any specific commercial product, process or service, whether by trade name, trademark, manufacture or otherwise, does not constitute an endorsement or recommendation by us.
8.4 Drive may also contain advice, opinions and statements of various information providers. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any user of Drive or any other person or entity. Reliance upon any such advice, opinion, statement or other information, shall be at the user’s own risk.
8.5 We do not accept any responsibility or liability whatsoever, whether in contract, tort, equity or otherwise, for any action taken as a result of reading, or reliance placed on Drive because of having read, any part, or all, of the information on Drive or for any error, inadequacy, deficiency, flaw in or omission from the information provided on or through Drive.
8.6 We do not accept any responsibility or liability for any driving related incident or near-incident that occurs when using Drive or connected (directly or indirectly) to your use of Drive and its content. This includes, but is not limited to, any incident or near-incident where you are using Drive while in a vehicle.
8.7 Each part of Drive must be read in conjunction with this disclaimer and any other disclaimer that forms part of Drive.
8.8 The Drive Road Code is an interactive tool within Drive designed to support learner drivers to learn the road rules. We aim to ensure the material in the Drive Road Code is technically and legally accurate. However, the Drive Road Code is a plain language summary of the legislation and doesn’t override it. We don’t accept liability for any consequences arising from the use of the Drive Road Code. If you’re unsure the material in the Drive Road Code is correct, refer to the relevant legislation.
9.1 No waiver
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.
9.2 Entire agreement
These Terms of Use, our privacy statement and any additional terms referenced on Drive constitute our entire agreement and supersede al prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.
9.3 Remedies cumulative
The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.
9.4 Severance
If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use. Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.
9.5 Governing law
Drive and these Terms of Use are governed by the laws of New Zealand. When you access Drive, you submit to the exclusive jurisdiction of the New Zealand courts.
Privacy statement