Terms of Use

1General

By installing the App (as defined below), you agree to be bound by these terms of use (the Terms of Use). Please review them carefully before installation and/or acceptance.

We reserve the right to change these Terms of Use for legal or business reasons, and we will give you notice by posting the changes on the App. If we amend the Terms of Use to your detriment you can end your use of the App at any time. To the extent permitted by applicable law, not canceling your agreement to use the App under these Terms of Use before their effective date will be deemed your consent to the amended terms.

2Definitions

The App means Haulr App, the software provided by Haulr Limited (us) to provide information to road users about bridge location, weight and height restrictions and overdimensional load tracking to be used on Apple iOS and Android devices (and any upgrades from time to time), and any other software or documentation that enables the use of the App.

General User means an App user who is operating a non-overdimension vehicle.

Live tracking means broadcast of a User’s position during an active load that is visible to other Users.

OD Pro User means an App user who is operating an overdimension vehicle as registered in the App.

Commercial User means a User who confirms on registration that they are acquiring the App for the purposes of a business, or who holds themselves out as doing so.

Per-Load Disclaimer means the disclaimer we present in the App, which a User must accept before each load, as updated by us from time to time.

3Data Protection and Privacy

3.1Protecting your privacy is important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy found via the App.

3.2Please note that where we include links in the App to the applications, website or services of third parties, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party websites or services.

4Proprietary Rights and Licence

4.1All route information, trade marks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by us or by our licensors.

4.2We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your own business or personal use in accordance with these Terms of Use.

5Conditions of Use

5.1The App comprises an online platform through which we provide information to road users about bridge location, weight and height restrictions and overdimensional load tracking (among other functionalities). To use the App you must create an account.

5.2By creating an account on the App you:

1. Consent to us conducting verification and security procedures in respect of the information provided by you during the registration process; and
2. Agree to keep your login and account details confidential and secure.

5.3You confirm that you are at least 18 years old.

5.4You confirm, when you create your account, whether you are acquiring the App for the purposes of a business. You must tell us if that changes. We record that confirmation and the date you gave it.

5.5You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time through the account settings section of the App.

5.6You will not, nor allow third parties on your behalf to:

1. make and distribute copies of the App;
2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App;
3. attempt to scrape, copy or redistribute data contained in the App; or
4. create derivative works of the App of any kind whatsoever.

5.7We reserve the right to amend or withdraw the App in accordance with these Terms of Use at any time and for any reason.

5.8You will be asked to allow us various permissions for the App to function properly. These are: location (including while the App is running in the background during an active trip), which we use for route planning, bridge restriction warnings, navigation and Live Tracking; camera and photo library access, which we use for your profile photo and for any licence or certificate you choose to upload; storage access, which we use for those uploads; and notifications. You acknowledge and give those permissions to us for those purposes. You can withdraw any permission through your device settings at any time, although doing so will limit the App’s functionality, and if you withdraw location access the App cannot provide restriction warnings or Live Tracking.

5.9You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.

5.10If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to use the App.

6Our Roles

6.1The App contains data we have collected and aggregated to assist New Zealand road users and is provided as a route planning aid. It is not to be treated as the authority on routing and overdimension hazards. For example, while data is collected from local authorities, those authorities can change restrictions without notice. For this reason we cannot guarantee the data provided is 100% correct.

6.2In relation to the data contained in the App:

1. we are not able to independently verify every local authority’s data;
2. coverage and accuracy vary by region;
3. the App may not show every bridge, restriction or hazard;
4. the absence of a warning does not mean a route is safe or suitable for your vehicle.

6.3You agree to follow road signage while using the App and that you will not rely solely on the App for guidance. You are solely responsible for checking restrictions, permits and pilot requirements. You are also responsible for the accuracy of the vehicle details you enter into the App and for all driving and routing decisions. Unless explicitly specified otherwise, our responsibilities are limited to facilitating the use of and making the App available.

6.4Commercial users are responsible for complying with their work health and safety obligations while using the App.

7Availability

7.1We will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the internet and on mobile networks, so the quality and availability of the App may be affected by factors outside our reasonable control.

7.2We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

7.3We will not be responsible for any support or maintenance for the App.

8App Functions

8.1General Users will have access to the following functions within the App:

1. Route planning with bridge weight and height restriction data;
2. Saved routes;
3. Rest area directory;
4. Bridge restriction warnings;
5. Ability to submit in-App Error Reports;
6. View of live overdimensional tracking of OD Pro Users.

8.2OD Pro Users will have access to the following functions within the App:

1. Pre-departure health and safety checklist;
2. Restriction aware route planning with bridge weight and height restriction data;
3. Saved routes;
4. Rest area directory;
5. Bridge restriction warnings;
6. Ability to submit in-App Error Reports;
7. Live Tracking;
8. View of live overdimensional tracking of other OD Pro Users.

8.3Error Reports: All Users can report incorrect bridge data (for example wrong weight limit, wrong coordinates, missing restriction) via the App (Error Reports). We use Error Reports for our internal review and correction processes and do not publish updates without reviewing them thoroughly. User submitted Error Reports are our property, and we may use them to improve the App and our datasets.

9Account Setup Process

9.1User: You may download the App free of charge. After you install the App you will be invited to create an account and select the appropriate user type between General User and OD Pro User. All new users are entitled to a 7 day free trial of the App.

9.2Billing: You will next select either monthly or annual billing for your subscription. Your subscription payments will be made via the Google Play, Apple stores or Stripe Inc (for enterprise fleet accounts) as applicable. Payment details will be stored by your app provider rather than by us (except for enterprise fleet accounts), with renewals applying automatically according to your chosen cycle.

9.3Acceptance: You will then be asked to accept these Terms of Use. You will also be asked to accept the Per-Load Disclaimer before each load.

9.4Cancellation: If you cancel within your 7 day trial period you will not be charged. If you do not cancel your first subscription payment will be taken on day 8. You can cancel at any time with termination taking effect at the end of your current billing period.

10Acceptable Use

10.1In using the App you agree:

1. while operating your vehicle, to always obey road signage;
2. not to use the App while operating the vehicle (except as permitted by law);
3. to comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the App;
4. to notify us immediately if you become aware of circumstances where any intellectual property rights or any other rights of a third party have been infringed;
5. not to do anything to bring us or the App into disrepute.

11Termination

11.1We may terminate your use of the App at any time by giving notice of termination to you.

11.2You can choose to stop using the App at any time. In addition, you may log out of your account via the account settings of the App or remove the App from your device(s) at any time.

11.3Upon any termination:

1. the rights and licences granted to you will terminate; and
2. you must cease all use of the App.

11.4If we terminate your use of the App you will be entitled to a refund of the unused portion of any prepaid subscription fees UNLESS we have terminated for breach of these Terms.

12Remedies

12.1If you breach these Terms then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the App, or in any other lawful way partially or fully restrict your access to the App.

12.2You agree to compensate us and keep us compensated for any loss we suffer (including financial or reputational loss) because of your breach of the Terms, breach of the law or permits, negligent driving or your use of the App (such as entering inaccurate vehicle details).

13Disclaimer and Liability

13.1The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Use must in all cases be read subject to those statutory provisions.

13.2Where you are using this App for commercial purposes you agree that:

1. to the maximum extent permissible by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the App or these Terms of Use; and
2. to the maximum extent permissible by law, sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the supply of the App or these Terms of Use; and
3. it is fair and reasonable that the parties are bound by this clause 13.2.

13.3To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties about the App. The App and software are provided "as is" and "as available" without warranty of any kind.

13.4In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

13.5For the avoidance of doubt, we are not liable for any losses arising from incorrect route information provided by the App or for routing decisions made while using the App. This includes, without limitation, damage to your vehicle or other property or damage to third party property (such as bridges, roads or infrastructure ), fines for permit breaches or claims by councils or other third parties arising from, for example:

1. unverified local authority data;
2. warnings that fail or are delayed, for example due to loss of GPS or signal;
3. overweight or over height crossings;
4. a bridge strike or contact with any structure whether or not the App provided information about that structure’s restrictions.

13.6We are not liable to you for any damage or alteration to your equipment, including but not limited to your handheld devices, because of the installation or use of the App.

13.7Our maximum aggregate liability under or in connection with these Terms or relating to the App, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the greater of (a) the subscription fees paid by you in the 12 months before the event giving rise to the claim, and (b) NZ$500.

13.8The App may include links to third party websites and social media platforms. We accept no responsibility for the availability, suitability, reliability or content of these third party websites or social media platforms, and we do not necessarily endorse the views expressed in them.

13.9This clause 13 is for the benefit of us and of our directors, officers, employees and contractors, and the providers of data used in the App (including road controlling authorities, NZ Transport Agency Waka Kotahi and HERE Technologies). Each of them may rely on and enforce this clause 13 under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

14General

14.1Waiver: These Terms of Use remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

14.2Severability: If any clause or provision of these Terms of Use will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to these Terms of Use. The remaining provisions of these Terms of Use will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

14.3Entire agreement: These Terms of Use, together with the Per-Load Disclaimer and our Privacy Policy, constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to the App.

14.4Assignment: You acknowledge that we may transfer our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent.

14.5Rights of Third Parties: These Terms are not intended to give rights to anyone except you and us, except as stated otherwise in the Schedule and in clause 13.9.

15Governing Law and Jurisdiction

These Terms of Use are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us by email at support@haulr.co.nz.

SCHEDULE

When accessing the App through the Apple Appstore

• Acknowledgement: You acknowledge that the Terms are concluded between you and us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the App Store usage rules as set out at https://www.apple.com/nz/legal/internet-services/itunes/nz/terms.html (the “Apple Media Services Terms and Conditions”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions will take precedence.
• Scope of Licence: Your licence to use the App is limited to use of the App on an Apple device that you own or control and as permitted in accordance with Apple Media Services Terms and Conditions.
• Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
• Product Claims: We acknowledge that we, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
• Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

When accessing the App through the Google Play Marketplace

You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html (the “Google Play Marketplace Terms”) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms will take precedence.

When accessing the App through any other app store

You acknowledge that your use of the App may be subject to the terms of service of the relevant app store through which you access the App.