HAULER – TERMS AND CONDITIONS OF SERVICE
Hauler provides a platform that connects Drivers with Customers seeking to book Transportation Services (collectively, the “Services”). The Services are accessible through written communication with Hauler, at http://www.hauler.com.au/ and any other websites through which Hauler makes the Services available (collectively, the “Site”) and any applications for mobile, tablet and other smart devices and application program interfaces which Hauler makes available (collectively, the “Application”).
In these Terms and Conditions “you” or “your” means any unregistered user of the Platform or any Member of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and Hauler Pty Ltd ABN 64 610 916 633 of Level 4/17-19 Bridge Street, Sydney NSW 2000 (“Hauler”, “us” or “we”).
Nothing in these Terms and Conditions obliges Hauler to make the Services available at any time or by any technological or direct means.
In the event of inconsistency, these Terms and Conditions prevail over any Policies.
WARNING: BOOKING AND PAYMENT PLATFORM
HAULER ENABLES INTERACTIONS, COMMUNICATIONS, BOOKINGS AND PAYMENTS BETWEEN MEMBERS VIA THE PLATFORM. HAULER IS NOT A PARTY TO ANY BOOKING BETWEEN MEMBERS AND DOES NOT VERIFY THE SUITABILITY OR RANKING OF THE MEMBER, THE TRANSPORTATION SERVICES OR THE BOOKING. THE SERVICES PROVIDED BY HAULER IN CONNECTION WITH THE PLATFORM ARE LIMITED TO THE ENABLING OF BOOKINGS AND COLLECTION AND REMITTANCE OF FEES PURSUANT TO THESE TERMS AND CONDITIONS.
WARNING: COMPLIANCE WITH LAWS, FEES AND CHARGES
MEMBERS ARE WHOLLY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE PLATFORM AND BOOKINGS ENABLED BY IT COMPLY WITH APPLICABLE REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS. SUCH REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS INCLUDE BUT ARE NOT LIMITED TO:
TAXATION REGULATIONS AND LAWS.
YOU WILL BE WHOLLY RESPONSIBLE FOR ANY ADDITIONAL FEES AND CHARGES INCURRED BY YOU IN CONNECTION WITH THE PLATFORM AND/OR THE TRANSPORTATION SERVICES (WHETHER ARISING DIRECTLY OR INDIRECTLY).
2. TERMS OF SERVICE
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service (“Terms”), whether or not you become a Member or user of the Services. These Terms govern your access to and use of the Platform and all Collective Content, and constitute a binding legal agreement between you and Hauler.
If you are entering into these Terms on behalf of your employer, client or other entity, you warrant and guarantee that you have the full right and authority to do. If you do not have such authority, all your Site, Services and Application activity will be considered a breach of these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
By accepting these Terms, the Member is granted a limited, non-exclusive and revocable licence to access the Platform in accordance with these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Hauler in its sole and unfettered discretion.
Hauler may revoke, suspend or terminate the Member’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users and where Member’s ratings are not considered acceptable by Hauler. Hauler will ordinarily advise the Member of any suspension or revocation however, it is under no obligation to do so.
Your licence to access the Platform and Materials shall be ongoing unless terminated by Hauler in accordance with these Terms.
The information contained on the Platform is provided in good faith on an “as is” basis. Hauler does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that Hauler is not a party to any agreements entered into between Drivers and Customers, nor is Hauler a broker, agent or insurer. Hauler has no control over the content contained in any Booking Request, the condition, legality or suitability of any Transportation Services, the conduct of Drivers, Customers and/or other users of the Platform, and disclaims all liability in this regard to the maximum extent permitted by law. Any Bookings are made or accepted at the Member’s own risk.
If you choose to create an account on the Platform, you understand and agree that your relationship with Hauler is limited to being a Member, and not an employee, agent, joint venture or partner of Hauler for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Hauler. Hauler does not control, and has no right to control, your Booking, your offline activities associated with your Booking, or any other matters associated with your Booking, that you provide. As a Member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Hauler, including by using Hauler’s Intellectual Property, without the prior written consent of Hauler.
Despite Hauler facilitating the matching of Drivers with Customers for particular Booking Requests, Hauler does not endorse any Driver, Customer, Transportation Service, Booking or Booking Request. Hauler’s matching of Drivers with Customers is based solely on the information provided by Drivers in creating their account, including the Driver Transportation Capabilities and the information provided by Customers in creating their account and the Booking Request. Drivers and Customers are responsible for ensuring the accuracy, reliability and currency of all information supplied to Hauler, and each other, and must immediately notify Hauler and the other party if any information supplied changes or is inaccurate.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties other than Hauler will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Hauler with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Platform regarding any Booking Requests or Bookings made by you. This limitation shall not apply to any claim by a Driver against Hauler regarding the remittance of payments received from a Customer by Hauler on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled “Warranty and Limitation of Liability”.
Where Hauler provides Policies on the Site for the co-operation and management of Bookings, Hauler makes no representations or warranties in respect of those Policies and is in no way liable to enforce or comply with those Policies between Drivers and Customers unless otherwise expressly stated.
5. PLATFORM INTELLECTUAL PROPERTY
You acknowledge and agree that the copyright in the Platform content and the software, design, text and graphics comprised in the Site and Application, the selection and layout of the Site and Application, the content and materials on the Site and Application and all other Intellectual Property in connection with the Platform (together, the “Materials”) are owned by or licenced to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Materials without our prior written consent.
You must not frame or embed in another website any of the Materials without our prior written consent.
You may store a reproduction of the content on the Site or Application on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing, listing or booking Transportation Services, but not for any other use.
The Platform, the Materials and any ancillary materials or documents owned or used by Hauler in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of Hauler. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Intellectual Property without our prior written consent.
Hauler does not represent or warrant that any information, files or Collective Content obtained from, through or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files or Collective Content for viruses.
You agree that Hauler has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Collective Content. In any event, if Hauler is found to be liable this will be limited to the cost of supplying the information, files or Collective Content again.
The Platform can be used to facilitate the Booking of Transportation Services. The Transportation Services required by a Customer must be included in Booking Requests on the Platform. The Driver Transportation Capabilities must be included in the Driver’s registration information.
When registering on the Platform and creating an account, you must register as a Driver or Customer.
Drivers who provide services in their individual (i.e. sole trader or personal capacities) must register in their own names. Where a company or business with multiple Drivers wishes to register, that company or business must register as a manager on the Platform and references to Driver in these Terms mean both the company/business as Manager and the individual Drivers.
Hauler reserves the right to accept or reject your request to register for an account at its sole discretion and Hauler may request additional information from you before accepting or rejecting your request to register for an account. Failure to provide such information is likely to result in rejection of your request.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Accounts are personal to a Member and can only be accessed by the Member and their personnel.
8. DRIVER TRANSPORT CAPABILITIES
Each Driver must provide detailed information as to its capabilities in respect of the Transportation Services it can offer as part of the registration process with Hauler. In particular, the Driver must provide information to Hauler in respect of its vehicles (i.e. type, capacity, location) and the types of Goods it can lawfully and safely transport (i.e. refrigerated, volume, weight, size etc) and any other restrictions or matters impacting its ability to provide Transportation Services. This information must be updated in the event of any error or change by the Driver.
9. BOOKING REQUESTS
As a Customer, you may create Booking Requests. To create a Booking Request, you will be asked a variety of questions about the Transportation Services required including the pickup/delivery locations (whether multi-stop or singular delivery location or WAD) and dates, whether the pickup/delivery sites will be attended, the size, weight and features of the Goods, whether any specific transport is required and any other relevant information which Hauler needs to know in order to match a Driver and which the Driver needs to know in order to provide the Transportation Services. All Booking Requests are based on the assumption that the pickup and delivery sites will have a Customer representative in attendance, will be on flat ground with easy access on private land (i.e. no stairs, hills, windy driveways, access restrictions, height restrictions etc). If this is not the case or your Booking Request has any unusual requirements, these must be communicated in the Booking Request.
In making a Booking Request, the Customer must also specify:
No Booking Request may be made in respect of Prohibited Goods.
All Customers are required to ensure their Goods are protected, stored and packed appropriately, with clear labelling and identifying marks. Customers are responsible for loading the Goods onto the Driver’s transportation. If a Driver, in its total discretion, elects to assist a Customer in loading Goods onto the Driver’s transportation, it does so at its own risk.
You acknowledge and agree that you alone are responsible for any and all Booking Requests and Member Content you post. You represent and warrant that any Booking Request you post and the Booking:
Please note that Hauler assumes no responsibility for a Driver’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Hauler reserves the right, at any time and without prior notice, to remove or disable access to any Booking Request for any reason, including Booking Requests that Hauler, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
If a Customer requests a Booking and the Booking is accepted by the Driver, the agreement entered into by the Customer and Driver enter into with such Customer is between those parties and Hauler is not a party to it.
When a Booking Request is received by Hauler, Hauler will attempt to match that Booking Request with Drivers.
If a Driver wishes to accept the Booking Request, it will then provide a Quote for the Transportation Services within the Booking Request Period, to the Customer via the Platform. The Quote must factor in the type of truck provided, the drivers allocated, the delivery distance, the nature, quantity and size of the Goods, the distance travelled to the delivery location and any tolls. The Quotes that the Customer views in the initial quotation phase from Drivers will also include Hauler’s Booking Fee.
If the Customer chooses to accept a Quote, the Booking Request will then become a tentative Booking. Hauler will then provide details of the Booking, as confirmed by the Customer, to the Driver who must accept the Booking again – this phase is known as ‘double confirmation’.
The Driver may, but is not obliged to, provide the Customer with its own separate terms of carriage which the Customer must sign and abide by, but which must not be inconsistent with these Terms.
11. PERFORMANCE OF TRANSPORTATION SERVICES
Once a Customer has accepted the Quote and it has progressed through the ‘double confirmation’ stage, the Booking is finalised and Hauler will advise the Driver who must attend the pickup location(s) on the arranged date. The Driver is solely responsible for providing the Transportation Services to the Customer in accordance with the Booking.
The Customer is responsible for producing a consignment note in respect of each Booking which includes the Customer and Driver’s details and the Transportation Services to be provided. The Customer must provide the consignment note to the Driver on pickup. In the event the Customer does not provide a consignment note, the Driver may raise its own consignment note.
Both the Driver and the Customer are solely responsible for ensuring the load is secure and has adequate load restraint in accordance with applicable laws.
If the description, dimension and/or weight of the Goods at the pickup locations do not match the Goods described in the Booking, and as a consequence the Goods exceed the permitted carrying capacity of the truck, or if access to the pickup location (or delivery location) is restricted, or if a Driver reasonably considers that the Goods are Prohibited Goods or are unsafe to carry or if the Customer has otherwise not complied with these Terms, the Driver is entitled to reject the Booking and the Customer will be charged a Cancellation Fee.
If the Customer requests that the Driver transport additional Goods or add an additional drop-off locations once the Driver has accepted the Booking, additional fees may apply. The Driver can raise such additional fees via the Platform.
The Driver is under no obligation to accept any change to a Booking and may reject a Booking entirely where it does now wish to accommodate the change request and the Customer will be charged a Cancellation Fee.
The Driver will be solely responsible for any and all liability which results from the provision of the Transportation Services, including any claims, loss, damage, costs, expense, injury or delay to the Customer, itself or a third party. To the extent permitted by law, Hauler disclaims, and Driver indemnifies Hauler, in respect of any liability suffered by the Customer, Driver or any third party arising from or in connection with the provision of Transportation Services by the Driver.
A Booking will be completed at the final delivery point once the Goods have been unloaded and the Driver hits the “stop” button in the Platform. Where the Driver stops and starts Bookings during their performance, the Driver should use the “start” and “stop” buttons in the Platform. Ensuring a recipient is on site to accept the delivery of the Goods is the Customer’s responsibility. Unloading of the Goods is the responsibility of the recipient, on instruction of the Customer. The Driver must ensure that the receiver of the Goods signs the consignment note as proof of delivery in order to finalise payment and the Driver must promptly provide such delivery confirmation to Hauler.
The Customer is responsible for all costs and expenses associated with redelivery, and will incur additional charges, if redelivery of the Goods is required.
12. CONFIRMATION OF TRANSPORTATION FEE
On attendance at the pickup location, the Driver must advise Hauler and the Customer if there is any change required to the Transportation Fee as set out in the Quote, and the reason for the change in the Transportation Fee (i.e. the Goods are not as described, the pickup location has access restrictions, additional assistance was required, the Customer requested additional Transportation Services etc). If the Customer does not accept the revised Quote, the Customer will be charged a Cancellation Fee for not proceeding with the Booking. The Cancellation Fee will be passed onto the Driver by Hauler and Hauler will retain the Booking Fee.
Once the Goods have been delivered and the Driver has provided Hauler with valid proof of delivery by way of a consignment note, the Driver must also provide Hauler, with a copy visible to the Customer via the Platform, with a final tax invoice in respect of the Transportation Services within five (5) hours of completion of the Booking. If the final tax invoice varies from the Quote or from the updated Quote provided on pickup, the Driver must provide detailed reasons for the variance (i.e. redelivery was required, additional delivery stops were requested, restricted access at delivery location etc). The final tax invoice is provided to Hauler on the basis that Hauler then acts in a limited capacity to incorporate the Transportation Fee into a final invoice as per the process outlined later in this Clause.
Where the Booking is made on a WAD basis, the final invoiced Transportation Fee will be based on the hourly rates as advised by the Driver and the total work and drive time (including loading, pickup, delivery and unloading) and drive time will be calculated based on the Google Maps drive time.
Upon receipt of the final tax invoice from the Driver, Hauler will raise an invoice payable by the Customer which includes the final Transportation Fee and the Booking Fee (noting that the Booking Fee will already have been deducted where the Customer has provided Payment Details). The tax invoice must be paid by the Customer in accordance with the agreed credit terms. Where the Customer has provided Payment Details, Hauler is authorised to immediately deduct the Transportation Fee at the conclusion of the delivery and will provide a receipt for all received amounts.
Where a Customer disputes the amount of the Transportation Fee as set out in the tax invoice, the Customer must raise the dispute with Hauler and the Driver within 24 hours of the tax invoice from Hauler being issued, or the tax invoice will be deemed accepted.
13. PAYMENTS, FEES AND CHARGES
You agree to pay Hauler upon demand all of Hauler’s fees, costs and expenses it incurs in connection with any failed payment, including the recovery thereof from you.
The Driver, not Hauler, is solely responsible for honouring any confirmed Bookings and making available any Transportation Services booked through the Platform. If you, as a Customer, choose to enter into a transaction with a Driver for the Booking of Transportation Services, you agree and understand that you will be required to enter into an agreement with the Driver and you agree to accept any terms, conditions, rules and restrictions associated with Booking imposed by the Driver. You acknowledge and agree that you, and not Hauler, will be responsible for performing the obligations of any such agreements, that Hauler is not a party to such agreements, and that, with the exception of Hauler’s payment obligations pursuant to these Terms, Hauler (inclusive of all subsidiaries and related entities) disclaims all liability arising from or related to any such agreements.
If you are a Driver and a Booking is requested via the Platform, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire.
A Booking Fee is payable by the Customer to Hauler in full immediately upon confirmation of a Booking by a Driver.
In addition to the Booking Fee, the Customer will be required to pay to Hauler the Transportation Fee plus the Transportation Fee Hold amount. Hauler, via its payment provider will hold the Transportation Fee and Transportation Fee Hold amount until such time as the Booking is completed and the Customer has paid in full for all amounts owing. Once a valid tax invoice is provided by the Driver to Hauler via the Platform, Hauler will raise a tax invoice for the Transportation Fee and Booking Fee (noting the Booking Fee should already have been deducted from the Customer’s Payment Details) and in the absence of any dispute from the Customer, the tax invoice will be deemed accepted by the Customer if no dispute is raised within 24 hours. Hauler will pay the Transportation Fee received from the Customer to the Driver within 48 hours of Hauler having received the Customer’s payment.
Where the final Transportation Fee is in line with the Quote and the Transportation Fee held by Hauler, the Transportation Fee Hold will be refunded by Hauler to the Customer. Where the final Transportation Fee exceeds the Transportation Fee paid by the Customer (i.e due to the Customer’s actions/inactions, changes or misdescription in the Booking Request) Hauler may deduct the shortfall in the Transportation Fee and the Booking Fee from the Transportation Fee Hold and where the Transportation Fee Hold is not sufficient to cover the difference, Hauler may require the Customer to immediately pay the additional amount.
The Customer agrees that the Transportation Fee Hold will be applied and released as follows:
Customers authorise Hauler (and/or any third-party payment processor of Hauler from time to time) to charge and deduct the Booking Fee, Transportation Fee and the Transportation Fee Hold from you using the Payment Details.
The receipt of the Driver’s tax invoice by Hauler does not constitute an obligation by Hauler to pay for the Transportation Fee as set out in the tax invoice. Hauler simply receives the Driver’s tax invoice on behalf of the Customer and raises a consolidated tax invoice to the Customer (for the Transportation Fee and Booking Fee) as agent for the Driver in respect of the Transportation Fee.
For Customers situated in Australia, Hauler will collect GST on the Booking Fee on behalf of Hauler and the Driver will charge GST on the Transportation Services all of which will be itemised in the tax invoice provided by the Driver and by Hauler. Customers and Drivers represent and warrant that they are or will be (prior to accepting a Booking) registered for GST.
All amounts owed to Hauler under or in connection with these Terms constitute debts due and payable by you to Hauler until paid in full. You must pay all amounts due to Hauler without set-off, deductions counter-claims or conditions; and in available cleared funds. If an amount due under these Terms is paid after the due date you must pay Hauler, in addition to the overdue amount interest at the rate of 10% per annum calculated based on a 365-day year from the date of the default until the date the amount (together with all accrued interest) is paid in full; and all costs and expenses incurred by Hauler in collecting the overdue amount.
Where Hauler, in its total discretion, has agreed to allow a Member to pay for the Services on credit, the Member must complete Hauler’s credit application and will be governed by Hauler’s credit terms, in addition to these Terms.
All fees and charges shown on the Platform and identified in these Terms are in Australian Dollars (AUD) and are inclusive of any applicable GST (unless otherwise indicated).
Both Drivers and Customers agree to allow Hauler to assign its interest in and right to receive payment from a customer under a third party factoring arrangement.
If the Customer cancels a Booking once accepted by the Driver, the Customer will be charged a Cancellation Fee. The Customer agrees and acknowledges that payment of a Cancellation Fee is a genuine pre-estimate of the loss suffered by the Driver and Hauler. The payment of a Cancellation Fee does not derogate from any Hauler’s rights under this Agreement and does not relieve the Driver from any of its obligations and liabilities. Hauler will pay the Cancellation Fee to the Driver and will retain the Booking Fee.
If, as a Driver, you cancel a confirmed Booking, you agree that Hauler may apply penalties or consequences to you, including:
If, as a Driver, you cancel a Booking due to a Force Majeure event, the Customer releases the Driver and agrees not to make any claim for that lawful cancellation.
In certain circumstances, Hauler may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Platform. Hauler may also determine, in its sole discretion, to refund to the Customer part or all of the amounts charged to the Customer.
Hauler will initiate any refunds due to you pursuant to these Terms within 30 days, using your Payment Details.
The Driver is responsible for insuring its trucks, its drivers and for maintaining any other licenses, permits or insurances required by law. The Driver must also hold insurance covering the Goods in transit, for an amount equal to their full replacement value.
The Customer is responsible for insuring the Goods, including during storage and transit for their full replacement value, and for any other licenses, permits or insurances required by law.
Hauler may, but is not required to, require the Driver and/or Customer to supply Hauler with evidence (certificates of currency and/or policies) of their insurance.
16. YOUR OBLIGATIONS
While it is not Hauler’s intent to monitor your online communications to or within the Platform, Hauler reserves the right to remove any content that we become aware of and determine to be harmful, illegal or in breach of copyright laws or privacy laws. You may not use the Platform or all or part of any Collective Content for any unlawful activity nor for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform.
You covenant and warrant that:
You must not and agree that you will not:
17. RESPONSIBILITY, RIGHTS AND MODIFICATION OF MEMBER CONTENT
Hauler accepts no liability for Member Content.
The Member is responsible for the accuracy, quality and legality of Member Content and the Member’s acquisition of it, and the users that create, access and/or use Member Content.
By registering as a Member, making a Booking Request or Booking, contributing, commenting, uploading images or files, inputting data, linking to data or files on third-party sites, or engaging in any other form of communication through the Platform you are creating Member Content and you are granting Hauler a transferable, sub-licensable, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to:
This licence shall include the right to exploit any proprietary rights in the Member Content, including but not limited to rights under publicity, copyright, trademark or patent laws under any relevant jurisdiction.
Hauler reserves the right to filter, modify, publish and permanently remove Member Content on the Site, Application or in connection with the Services in its sole and unfettered discretion
To the extent permitted by law, Hauler accepts no liability for the accuracy of any information made available using the Platform. Any reliance on the information available through the Platform is at the Member’s own risk.
Customers and Drivers are requested to give one another a rating on conclusion of the Booking. Ratings are used by Hauler to monitor the standard of the Transportation Services and compliance with a Booking. If a party receives poor ratings on multiple occasions, Hauler may restrict an account or terminate use of the Platform by that party.
These Terms operate for a term commencing on the date you access the Platform and ending when terminated in accordance with these Terms.
Members may terminate their access to the Platform by ceasing to use the Platform and requesting cancellation of their account to Hauler by email to firstname.lastname@example.org provided that any Bookings in train must be completed. Once terminated, an account cannot be reactivated, except at Hauler’s absolute discretion.
Hauler may suspend or terminate these Terms in its sole discretion at any time. Without qualifying the foregoing, Hauler may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your account and any Collective Content if Hauler suspects that you have committed a fraudulent act and/or you have, or you intend to, breach these Terms.
Any termination by Hauler in circumstances where you are either in material default of your obligations under these Terms, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by Hauler, will be of immediate effect.
In the event an agreement arising under or in connection with these Terms is terminated, Hauler may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform and/ or any Collective Content, including but not limited to revoking your licence and blocking your access.
20. WARRANTY AND LIMITATION OF LIABILITY
Hauler does not warrant or represent the suitability of the Platform, the Collective Content, the Booking Requests, the Bookings, the use of the Transportation Services or its Members for any purpose. To the extent permitted by law, neither party is liable to the other for any direct loss and damages, or for fines, penalties, taxes and any exemplary, aggravated of punitive damages, liquidated damages or indirect and consequential loss and damages arising in any way (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) legal costs and expenses or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform, Services, the Collective Content, the Booking Requests, the Bookings, the use of Transportation Services or its Members.
Any liability to you for loss or damage of any kind arising out of these Terms, the Platform, Services, the Collective Content, the Booking Requests, the Bookings, the use of Transportation Services or its Members or in connection with the relationship established by any of them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
In any event, Hauler’s liability under any warranty and whether in negligence or not, shall not exceed the price of any Booking Fees paid to Hauler.
YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, SERVICES, THE COLLECTIVE CONTENT, THE BOOKING REQUESTS, THE BOOKINGS, THE TRANSPORTATION SERVICES AND/OR INTERACTIONS BETWEEN MEMBERS AND INDEMNIFY AND HOLD HARMLESS HAULER, AND ANY OF ITS ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO SOLICITOR’S FEES ON AN INDEMNITY BASIS).
22. MEMBER DISPUTES
In the event of a Member Dispute between Members up to the value of $5,000 (AUD) Hauler may, in its absolute discretion, allow the parties to make submissions and provide evidence to Hauler in respect of the Member Dispute. At its election, Hauler may analyse the Member evidence and submissions and make a determination on the information before it within a period not exceeding 30 days. The Members agree that Hauler’s decision is final and binding and any monies held by Hauler may be dispersed in accordance with the adjudicated dispute.
In the event of a Member Dispute between Members exceeding the value of $5,001 (AUD) Hauler may hold all funds held by Hauler (less Booking Fees payable to Hauler which may be released) the subject of the Member Dispute until such time as the Members jointly notify Hauler in writing of the resolution of the Member Dispute or Hauler is provided with a sealed judgement of a Court of competent jurisdiction in Australia in respect of determination of the Member Dispute.
Disputes in respect of tax invoices must be raised by a Member within 24 hours of the issuing of the tax invoice, or such tax invoice will be deemed accepted.
Hauler will deal with any unclaimed monies in accordance with the laws of Australia.
Hauler reserves the right, in its sole discretion, to amend these Terms and/or the Platform at any time. Any such amendments will be effective as soon and from the commencement of the following calendar month. By continuing to access or use the Platform after these Terms have been modified, you agree to be bound by the amendments to these Terms.
24. GENERAL PROVISIONS
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
Any sum owing between the parties or any provision that is intended to survive termination of these Terms shall survive termination and shall remain enforceable thereafter.
These Terms are governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that place.
26. ADDITIONAL TERMS
These Terms are subject to any additional terms expressed as ‘special conditions’ or advertised on the Platform by Hauler.
Any terms stated in a Booking Request will form part of your agreement with another Member pursuant to a Booking.
27. DEFINITIONS AND INTERPRETATION
In these Terms:
“Booking” means a Booking Request for Transportation Services that has been accepted by a Driver.
“Booking Fee” means the Fee payable by the Customer to Hauler for the provision of the Services, being an amount calculated depending on the Quoted Transportation Fee and as displayed during the Booking process, as updated from time to time in accordance with any increase in the Transportation Fee.
“Booking Request” means a request raised by a Customer via the Platform for Transportation Services.
“Booking Request Period” means the time period starting from the time when a Booking Request is made by an Customer, within which a Driver may decide whether to confirm or reject that Booking request, as stated on the Platform. Different Booking Request Periods may apply in different places.
“Cancellation Fee” means the amount equal to 20% of the Quoted Transportation Fee plus the Booking Fee which is non-refundable.
“Collective Content” means Material and Member Content.
“Customer” means a Member who requests Transportation Services from a Driver.
“Driver” means a Member who provides the Transportation Services to Customers and includes a single operator Driver or a business or entity operating multiple Drivers, in which case references to Driver and the Member mean the individual Driver but also their employer, manager or principal who are bound by these Terms.
“Driver Transport Capabilities” means the Driver’s capabilities and restrictions in respect of its vehicles, the provision of the Transportation Services and ability to transport Goods, as advised to Hauler from time to time.
“Force Majeure” means an act of God, fire, lightning, earthquake, explosions, flood, subsidence, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind and any other event which is not within the reasonable control of the party affected.
“Goods” means the Goods of the Customer, to be transported by the Driver as described in the Booking Request.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property” means any and all items in which Intellectual Property Rights subsist, existing now or in the future and whether or not registered or registrable in connection with the Materials and/or the Member Content as the context requires.
“Intellectual Property Rights” means all current and future registered and unregistered rights and all renewals and extension of those rights in respect of copyright, marks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.
“Member” means a person or entity that signs-up to the Platform including but not limited to Drivers and Customers.
“Member Content” means all content that a Member posts, uploads, publishes, submits, transmits, or includes in their Booking Request, Member Account, Quote, Booking or otherwise.
“Prohibited Goods” means:
“Platform” means the provision of the Services through the Site, Application or other means.
“Policy” means a policy displayed on the Site from time to time.
“Quote” means the quotation for the Transportation Fee as provided by the Driver via the Platform in response to a Booking Request.
“Tax” or “Taxes” means any sales tax, GST, transient occupancy taxes, accommodation or lodging taxes, fees, that a party may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Transportation Fee” means the fees payable by the Customer to the Driver, as updated or agreed from time to time in consideration of the Driver providing the Transportation Services.
“Transportation Fee Hold” means the additional payment to be made by the Customer, which varies depending on the quoted Transportation Fee, to be held by Hauler in accordance with these Terms to be calculated by Hauler during the Booking process depending on the amount of the Transportation Fee.
“Transportation Services” means the services to be provided by a Driver, using the Driver’s vehicles, drivers and equipment (as necessary) to a Customer involving the pickup, transportation and delivery of the Customer’s Goods in accordance with a Booking Request.
“WAD” means ‘work as directed’ where the Customer does not stipulate the delivery locations but will advise the Driver as to the delivery locations on pickup.