These Terms & Conditions ("Terms") form a binding agreement between you and TowMe ("TowMe", "we", "us", or "our") and govern your access to and use of the TowMe website, mobile applications, and related services (collectively, the "Service"). By creating an account, booking a tow, or otherwise using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
1. The Service
TowMe operates a technology platform that connects customers requesting towing and roadside assistance ("Customers") with independent third-party tow operators ("Drivers"). TowMe is not a towing company. Towing services are provided directly by Drivers, who are independent contractors and not employees, agents, or partners of TowMe.
2. Eligibility & Accounts
- You must be at least 18 years old and able to form a legally binding contract.
- You must provide accurate, current, and complete information when creating an account.
- You are responsible for all activity that occurs under your account and for keeping your login credentials secure.
- You must promptly notify us at support@towme.co.nz of any unauthorised use of your account.
3. Bookings, Quotes & Payment
- Quotes are calculated based on the information you supply (pickup, drop-off, vehicle category) and the rates published in the Service at the time of booking.
- When you confirm a booking, an authorisation hold may be placed on your payment method. Your card is charged once the job is completed.
- Additional fees may apply for accessorial work (e.g. winching, after-hours, waiting time, extended distance) and will be disclosed before the work is performed where reasonably practicable.
- Payments are processed by third-party providers (including Stripe). By using the Service you agree to the terms of those providers.
4. Cancellations & Refunds
You may cancel a booking at any time before a Driver arrives. A cancellation fee may apply once a Driver has been dispatched, and will be displayed to you before you confirm the cancellation. Refund requests can be made by contacting support@towme.co.nz; we will assess each request in accordance with these Terms and applicable consumer law.
5. Driver Terms
Drivers must hold all required licences, vehicle registrations, certificates of fitness, and insurance, and must comply with all applicable laws and traffic rules. Drivers are solely responsible for the manner in which they perform towing services and for the condition and operation of their vehicles. Drivers agree to the separate Driver Agreement presented at onboarding, which forms part of these Terms.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful, fraudulent, or harmful purpose;
- Submit false or misleading information (including fake pickups or vehicle details);
- Interfere with, disrupt, or attempt to gain unauthorised access to the Service or related systems;
- Harass, threaten, or abuse other users, Drivers, or our staff;
- Copy, scrape, reverse engineer, or otherwise misuse any part of the Service.
We may suspend or terminate accounts that breach these Terms.
7. Vehicle Condition & Liability
You confirm that you are the owner of the vehicle to be towed, or that you have authority from the owner to request the tow. You must disclose any non-standard condition (modifications, low clearance, immobilisation, leaks) before the Driver attempts to load the vehicle. Drivers are responsible for damage caused by their negligence in performing the tow. TowMe is not liable for loss or damage caused by inaccurate information you provide.
8. Limitation of Liability
To the maximum extent permitted by law, TowMe is not liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service. Our total aggregate liability to you for all claims arising out of these Terms is limited to the greater of (a) the fees you paid to TowMe in the three (3) months preceding the event giving rise to the claim, or (b) NZD $100.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other law that cannot lawfully be excluded.
9. Intellectual Property
All content, software, trademarks, and other intellectual property in the Service are owned by TowMe or its licensors. You are granted a limited, revocable, non-transferable licence to use the Service for its intended purpose. You may not reproduce, modify, distribute, or create derivative works without our written permission.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.
11. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. Material changes will be notified via the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
12. Termination
You may stop using the Service or delete your account at any time by emailing support@towme.co.nz. We may suspend or terminate your access if you breach these Terms or if we are required to do so by law. Sections of these Terms which by their nature should survive termination will survive (including provisions on liability, intellectual property, and governing law).
13. Governing Law & Disputes
These Terms are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction over any dispute arising under these Terms. Before commencing any formal proceeding, you agree to first contact us at support@towme.co.nz and attempt to resolve the matter in good faith.
14. Contact
Questions about these Terms? Email us at support@towme.co.nz.