Haulx Terms of Service
Effective Date: 01/04/2023
Last Updated Date: 09/12/2023
Acceptance of the Terms and Conditions.
Binding Agreement; Description. Haulx Technologies (Pty) Ltd. (“Haulx,” “we,” “us” or “our”) provides and makes available its marketing tools, including its payment processing capabilities, scheduling tools, website located at Haulx.co.za (the “Site”) and its Haulx mobile application (the “App”) and its API (the “API”) (collectively, the “Service”). All uses of the Service are subject to the terms and conditions in this Terms of Service (this “Terms”). Please read these Terms carefully. By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept this Terms’ terms and conditions, you may not access, browse, or use the Service.
Changes to this Terms. You understand and agree that Haulx may change this Terms at any time without prior notice; provided that Haulx will endeavour to provide you with prior notice of any material changes. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this Terms will govern any updates Haulx provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate licence or revised Terms, in which case the terms of that licence or revised Terms will govern. Notwithstanding the preceding sentences of this Section. No revisions to this Terms will apply to any dispute between you and Haulx that arose prior to the effective date of such revision.
Privacy Policy. Your access to and use of the Service is subject to Haulx’s Privacy Policy located athttps://www.haulx.co.za/privacy-policy/ (“Privacy Policy”), which is incorporated herein by reference.
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY HAULX. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANYTIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.
The Services
The Service provides independent delivery drivers (“Delivery Drivers”, “Drivers”) with a network through which Delivery Drivers can provide delivery services (each such delivery service is a “Project”). There are two types of Projects for the Service, Instant Project & Scheduled Project. Any person who accesses and/or uses the Service to connect with a Delivery Driver is a “Customer.” Haulx does not provide professional services. Haulx offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend to, provide such services.
HAULX DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OR FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY DRIVERS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. Haulx OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OR FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.
Mobile Services. The App may offer the Service via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with these Terms.
To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Delivery Driver or a Customer. If you create an Account as a Delivery Driver, you will also be required to agree to the Agreement for Delivery Drivers to engage Haulx for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorised the activity. If you use the Service on behalf of a company, entity, or organisation (each an “Organization”), then you represent and warrant that you: (i) are an authorised representative of that Organization with the authority to bind such entity to the Terms and (ii) agree to be bound by the Terms on behalf of such Organization.
Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorised third parties have accessed your Account, then notify Haulx immediately at su*****@Ha***.ai , and change your password at the earliest opportunity. Haulx will not be liable for any loss or damage arising from unauthorised use of your credentials prior to you notifying Haulx of the unauthorised use or loss of your credentials.
Rules for Customers.
The terms in this Section apply to Customers and not to Delivery Drivers.
Requesting Projects. In order to request a Project, you will have to specify certain information about the Project, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered, or moved, type of delivery truck or van (“Items”), contact information and the date and time of pick-up. Using the address you provide, Haulx will use commercially reasonable efforts to connect you with a Delivery Driver to perform the Project for you and will provide them applicable details regarding the Project. If no Delivery Drivers are available, Haulx will notify you that there are no Delivery Drivers available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Delivery Driver for the applicable Project.
Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY OF THE FOLLOWING TRANSPORTED: accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewellery and/or other similar valuable articles, items valued at more than R35,000 (thirty-five thousand rands (ZAR)), paintings, statutory and other works of art, manuscripts, mechanical drawings, live animals, tobacco, cigars, cigarettes, stolen items, people, grandfather clocks, fireworks, drugs, guns, weapons, hazardous materials, extremely heavy and bulky items beyond the specified capacity of the vehicle, any item considered illegal according to South African laws, non-ferrous metal in scrap and/or ingot form, or furs and skins.
A DELIVERY DRIVER HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE PROJECT, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY DRIVER, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE PROJECT, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF SOUTH AFRICAN LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND HAULX WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.
The fee for each Project comprises base price, total estimated kilometres (KM) plus 25% commission to Haulx operational cost for the Service. The fee for each Project will be displayed to you on the Service and include expenses that may be incurred by the Delivery Driver in the normal course of completing your Project, including, without limitation, any tolls (collectively, “Base Fees”). The Project will begin when Delivery Driver begins loading cargo and the Project will end once Delivery Driver has safely unloaded all cargo and confirmed the Base Fees are correct through the functionality provided via the Service. Haulx is not responsible for any actions performed by Delivery Driver that occur after the Project is complete.
Unless otherwise agreed, Haulx accepts cash payment, collected upon completion of the Project by the Delivery Driver, Haulx Wallet, recharged through bank transfers and processed through the Haulx App. Haulx also accept the following payment options (i) Credit Card (ii) Debit Card, (iii) Instant EFT, (iv) Masterpass, (v) Store Card (RCS), (vi) Zapper, (vii) SnapScan through our third-party payment processor. Base Fees are due immediately following the applicable Delivery Driver’s confirmation of completion of your Project.
If you cancel an Instant Project before a Delivery Driver accepts no cancellation fee will be charged however if you cancel after the Delivery Driver has accepted the Project, you will be charged R15 if the Delivery Driver has not moved from their current location, and you’ll be charged R15 plus total kilometres covered per vehicle category back to the starting point if the Delivery Driver has moved.
If you cancel a Schedule Project with more than 24 hours’ notice before the project start time you will be charged a R15 fee per Delivery Driver. If you cancel a project with less than 24 hours’ notice from the project start time you will be charged a cancellation fee based on the vehicle type and the number of delivery drivers requested. These cancellation fees are designed to compensate delivery drivers for any time or gas spent toward meeting the obligations of the now-cancelled project. The fees are: 0,5 Ton truck: R20, Helper: R27, 1 Ton truck: R25, 2-3 Ton truck: R30, 4-5 Ton truck: R40. If you have requested a delivery driver and an additional helper, you will only be charged for cancelling if your project has been accepted. ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.
Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Project will be the lower of the declared value of the Items that you specified when requesting the Project or R35,000 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Project. If a project is to transport home goods that are used, (used in this case would mean opened or unoriginal packaging for the cargo and/or transporting the cargo to/from a residential dwelling), Haulx will cover up to R20/kg for the entire cargo shipment. New cargo (new in this scenario means unopened original packaging being transported from the original business the product was purchased at) will be covered at actual cash value. A misrepresentation after a loss as to a single material fact will forfeit the entire insurance contract. Once caught in a small fraud, Customer will not be entitled to payment for any part of the damage claim. Used items other than household goods will be reimbursed at the current depreciated value. In no event shall Carrier be liable for loss of profit, income, interest, attorney fees, or any special, incidental, or consequential damages. As a condition precedent to recovery, a claim for any loss or damage must be filed in writing with Haulx within nine (9) months after delivery. Claims must be filed through any of our Customer support channels on Haulx’s website https://www.Haulx.co.za/ . If you or someone you designate, who is not an active Haulx Delivery Driver, assists in the transportation of the cargo that becomes damaged during a Project, the Delivery Driver will be responsible for only half of the damage claim amount related to replacing or repairing the damaged item(s).
Undeliverable Items. Delivery Drivers will make commercially reasonable efforts to deliver Items for Customers. If the Delivery Driver is unable to safely deliver Items to Customer’s selected destination the Delivery Driver will attempt to return items to the Customer’s chosen pickup location at the Customer’s expense. If the Delivery Driver is unable to return the item to the pickup location and Delivery Driver is forced to hold onto Customer’s Item, then the Customer will be charged a storage fee of R450 per calendar day until the item is able to be delivered to Customer.
Payment Processor
Users make their contracts directly with other users, not with Haulx. Fees (including Base Fees) for using the Service will be processed via Haulx’s third party payment processor. Our payment processor may require you to read and agree to its standard terms and conditions.
Haulx reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including VAT, if applicable) required to be paid on their use of the Service or on any related payment received (other than taxes on Haulx’s income).
Haulx will authorise and place a hold on customer’s payment card except cash at the time the order is received by Haulx. The authorised amount will be the estimated delivery cost as quoted for the Service.
Intellectual Property Rights
The Service is licensed, not sold, to you for use only under the terms of this Terms. Haulx reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Terms, Haulx hereby grants you a personal, limited, revocable, non-transferable licence to access and use the Service.
Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Haulx or Haulx’s third party licensors (the “Haulx Content”). You may not copy, reproduce, upload, republish, transmit, post, or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Terms or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Haulx solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
The Haulx trademarks, service marks, and logos (the “Haulx Trademarks”) used and displayed on the Service are Haulx’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Haulx Trademarks, the “Trademarks”). Nothing on the Service or in this Terms should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on this Service without Haulx’s prior express written consent for each individual use. You may not use the Trademarks to disparage Haulx or the applicable third-party, Haulx’s or a third-party’s products or services, or in any manner (using commercially reasonable judgement) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Haulx’s prior express written consent. All goodwill generated from the use of any Haulx Trademark will inure solely to Haulx’s benefit.
You may not sell, transfer, assign, licence, sublicense, or modify the Haulx Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Haulx Content in any way for any public purpose. The use or posting of any of the Haulx Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this Terms, then your right to access and/or use the Haulx Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Haulx
User Content.
Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audio-visual works, artwork, and any other work subject to protection under the laws of South Africa or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
Screening User Content. Haulx offers users the ability to submit User Content to the Service. Haulx does not pre- screen any User Content but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Haulx has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers violating this Terms or be otherwise illegal or inappropriate. Haulx does not guarantee the accuracy, integrity, or quality of any User Content, and under no circumstances will Haulx be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
Licence to User Content. You hereby grant Haulx an unrestricted, assignable, sublicensable, revocable, royalty-free licence throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorised by this Terms. You further grant Haulx a royalty-free licence to use your username, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Haulx any User Content that you consider to be confidential or proprietary.
You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorised to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the licence set forth in this Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licences from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.
Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
No Liability. For the avoidance of doubt, Haulx will not be liable for any unauthorised use of User Content by any other user or third party.
Restrictions on Use of the Service.
In using the Service, you agree not to:
take any action that imposes an unreasonable load on the Service’s infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Haulx;
access, tamper with, or use non-public areas of the Service, Haulx’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Haulx’s providers;
harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Haulx employees; provide any false personal information to Haulx;
create a false identity or impersonate another person or entity in any way;
restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
gain unauthorised access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
do anything that causes Haulx to become subject to regulation as a transportation carrier or provider of taxi services, violate any applicable laws or regulations or the terms of this Terms; or
assist or permit any persons in engaging in any of the activities described above.
External Sites.
The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Haulx is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.
We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Haulx or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Haulx, you agree that:
Haulx has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and Haulx has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant Haulx perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Dispute Resolution.
Generally. In the interest of resolving disputes between you and the Haulx in the most expedient and cost-effective manner, you and the Haulx agree that any dispute arising out of or in any way related to this Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or magistrate, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS, YOU AND Haulx ARE EACH WAIVING THE RIGHT TO A TRIAL BY JUDGE OR MAGISTRATE OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the Section entitled “Generally” directly above, nothing in this Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable state agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and the Haulx will be governed by the Arbitration Act 42 of 1965 of South Africa as amended. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by SAPO mail or electronic mail (“Notice”). Haulx’s address for Notice is: su*****@Ha***.ai . The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 60 days after the Notice is received, you or Haulx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Haulx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favour, Haulx will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by Haulx in settlement of the dispute prior to the arbitrator’s award; or (C) R15,000.
If you commence arbitration in accordance with these Terms, Haulx will reimburse you for your payment of the filing fee, unless your claim is for more than R20,000 or as set forth below, in which case the payment of any fees will be decided by the arbitrator Rules. Any arbitration hearing will take place at a location to be agreed upon in Pretoria, Gauteng, but if the claim is for R20,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the arbitrator Rules of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Civil Procedure claims), then the payment of all fees will be governed by the arbitrator Rules. In that case, you agree to reimburse Haulx for all monies previously disbursed by it that are otherwise your obligation to pay under the arbitrator Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND Haulx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Haulx agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Haulx makes any future change to this arbitration provision, other than a change to Haulx’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Haulx’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Haulx.
If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Terms or your use of the Service.
Choice of Law; These Terms will be governed and construed in accordance with the laws of South Africa, excluding its conflicts of law rules. For any lawsuit or court proceeding permitted under these Terms, you and Haulx agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Gauteng, South Africa.
Limitation of Liability and Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LAW, HAULX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “HAULX PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE Haulx PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE HAULX PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO HAULX PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Haulx PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY HAULX PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HAULX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAULX’S LIABILITY, AND THE LIABILITY OF ANY OTHER HAULX PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ZERO.
Haulx is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Haulx does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. Haulx does not have control over, and has no responsibility for, any damage to Items. NEITHER HAULX NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND HAULX AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU THEREBY RELEASE Haulx AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. HAULX RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE HAULX PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. Haulx DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY DRIVERS.
Third Party Disputes.
Haulx IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE HAULX PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Haulx Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising, or resulting from your breach of this Terms, or your access to, use or misuse of the Haulx Content or Service. Haulx will notify you of any such claim, suit, or proceeding. Haulx reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Haulx’s defence of such matter.
Termination of the Terms.
Haulx reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Haulx reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Haulx as a result of this Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Haulx other than pursuant to this Terms. If any provision of this Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms, which will remain in full force and effect. Haulx’s failure to act on or enforce any provision of this Terms will not be construed as a waiver of that provision or any other provision in this Terms. No waiver will be effective against Haulx unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Haulx and you, this Terms constitutes the entire agreement between you and Haulx with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licences granted hereunder, directly, or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Haulx. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Haulx may assign these Terms, including all its rights hereunder, without restriction.
Contact Us.
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: su*****@Ha***.ai
Haulx may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals. These rewards will come in the form of Haulx Credits that can be used to purchase Services on the Haulx platform only. Haulx Credits can be redeemed using the Haulx Apps or Website. The maximum Haulx Credits that can be redeemed per Project is R100.00. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a Project. Credits cannot be retroactively added to a Project that has already been scheduled. Credits earned using illegal or fraudulent methods will be null and void. Haulx Credits have a cash value of 1/100 of one cent. Haulx reserves the right to cancel or suspend these Promotions at any time.
NOTICE REGARDING APPLE. You acknowledge that this Terms is between you and Haulx only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the 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. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby 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. If Haulx provides a translation of the English language version of this Terms, the translation is provided solely for convenience, and the English version will prevail.
