HaulyX Terms and Conditions.

These Terms and Conditions (“Terms”) govern access to and use of the HaulyX website, platform and related services available through HaulyX.com.au (“HaulyX” or the “Platform”). By creating an account, accessing or using HaulyX, you agree to these Terms.

HaulyX is an online technology platform designed to allow truck drivers, owner-drivers and businesses operating in or connected with the Australian transport industry to advertise, discover and respond to work opportunities.

HaulyX provides technology that enables users to create profiles, publish job or work opportunities, browse opportunities, express interest, submit quotes where applicable, and connect with other users. HaulyX provides the Platform only.

Unless expressly stated otherwise, HaulyX is not:

• an employer or prospective employer;
• an employee or worker;
• a recruitment or employment agency;
• a labour-hire provider;
• a transport operator;
• a freight carrier;
• a freight forwarder;
• a transport broker;
• an owner or operator of vehicles advertised on the Platform;
• an agent or representative of a Driver, Owner Driver or Business; or
• a party to any employment, contracting, transport, freight or other agreement between users.

HaulyX does not employ Drivers or Owner Drivers and does not itself engage users to perform transport services.

HaulyX may be used by:

• Drivers — individuals seeking employment, casual, temporary, FIFO, permanent or other driving opportunities.
• Owner Drivers — drivers or operators using their own vehicle or equipment who may seek contract or ABN-based transport work.
• Businesses — businesses or organisations advertising employment opportunities, contract work or transport-related opportunities.

A user may fall into more than one category.

HaulyX provides users with the ability to discover and communicate about opportunities. HaulyX does not make the final decision to employ, engage, reject or contract with a Driver, Owner Driver or Business.

Any decision to enter into an employment, contractor, freight, transport or other commercial arrangement is made directly between the relevant users. Users are responsible for conducting their own enquiries and due diligence before entering into any arrangement.

Any employment, contractor, transport, freight or other agreement resulting from use of HaulyX exists directly between the relevant users. HaulyX is not a party to that agreement.

Users are solely responsible for negotiating and determining matters including:

• rates of pay;
• contract rates;
• working hours;
• rosters;
• employment status;
• contractor status;
• superannuation;
• taxation;
• allowances;
• leave and employment entitlements;
• invoicing;
• payment terms;
• scope of work;
• pickup and delivery requirements;
• freight rates;
• insurance;
• equipment requirements; and
• any other contractual terms.

HaulyX does not guarantee that any agreement will be entered into or successfully completed.

Drivers are responsible for ensuring information contained in their profile is accurate and current.

Drivers are responsible for maintaining any licences, qualifications, competencies, permits, medical requirements, work rights, inductions or other requirements necessary to undertake work. Drivers must not claim qualifications, experience, licences or competencies they do not possess.

The existence of information on a HaulyX profile does not relieve a Business from independently checking that information before engaging a Driver.

Owner Drivers are responsible for ensuring that they and their vehicles and equipment satisfy all legal and operational requirements applicable to work they undertake. This may include, where applicable:

• ABN requirements;
• driver licences;
• vehicle registration;
• permits;
• accreditation;
• commercial vehicle requirements;
• insurance;
• maintenance;
• roadworthiness;
• fatigue management;
• mass and dimension requirements;
• load restraint requirements;
• heavy vehicle obligations; and
• other applicable transport requirements.

HaulyX does not inspect or certify an Owner Driver's vehicle, equipment or legal compliance unless HaulyX expressly states otherwise.

Certain Owner Driver opportunities may allow users to submit a quote. A quote is submitted by the Owner Driver directly to the Business.

HaulyX does not determine the quote amount and does not guarantee that a quote represents a reasonable or appropriate market price. The Business and Owner Driver are responsible for agreeing directly on the final price, scope of work, payment terms and other contractual requirements.

Submission or acceptance of a quote through HaulyX does not make HaulyX a party to the resulting contract.

Businesses are responsible for advertisements and opportunities they publish through HaulyX. Businesses must ensure advertisements are lawful, accurate and not misleading.

Before engaging a Driver or Owner Driver, Businesses are responsible for conducting whatever checks are appropriate or legally required, including where applicable:

• driver licence checks;
• work-right checks;
• qualification checks;
• competency assessments;
• references;
• medical or fitness-for-work requirements;
• inductions;
• insurance checks;
• vehicle checks;
• background checks; and
• other regulatory or operational requirements.

HaulyX does not guarantee that a user is suitable for a particular role or contract.

Unless specifically stated otherwise in relation to a particular feature, HaulyX does not guarantee, endorse, certify or warrant any Driver, Owner Driver or Business.

The existence of an account, profile, photograph, licence entry, experience entry or other information on HaulyX does not constitute an endorsement or guarantee by HaulyX. Users must conduct their own due diligence.

Profiles, job advertisements, photographs, equipment information, qualifications, experience, rates, quotes and other information appearing on HaulyX may be supplied by users.

HaulyX does not guarantee that user-provided information is accurate, complete, current or authentic. Users are responsible for information they upload, publish or communicate through the Platform.

HaulyX does not guarantee:

• that an advertised opportunity remains available;
• that an advertisement is accurate;
• that a Driver will obtain work;
• that an Owner Driver will obtain a contract;
• that a Business will find a suitable person;
• any particular amount of work;
• any minimum income;
• any particular rate of pay;
• that another user will respond;
• that an engagement will proceed; or
• that an engagement will be successful.

Businesses may modify, close or withdraw opportunities.

HaulyX does not take possession, custody or control of freight, vehicles, trailers or equipment. HaulyX does not perform, manage or supervise transport services arranged between users.

To the maximum extent permitted by law, HaulyX is not responsible for matters arising from transport services between users, including:

• freight loss or damage;
• delayed or failed deliveries;
• vehicle damage;
• property damage;
• loading or unloading;
• load restraint;
• vehicle maintenance;
• vehicle roadworthiness;
• route selection;
• fatigue management;
• mass or dimension compliance;
• permits;
• transport documentation; or
• chain-of-responsibility obligations.

Each user remains responsible for determining and complying with their own obligations.

HaulyX does not control workplaces, vehicles, depots, mine sites, transport routes or other locations where users perform work. Users are responsible for complying with applicable workplace health and safety, road transport, heavy vehicle and other laws.

Nothing appearing on HaulyX should be treated as replacing a user's own safety assessment, legal obligations, training, procedures or professional advice.

During the current free-beta model, HaulyX does not process wages, invoices or transport payments between users. Payments arising from employment or contracting arrangements are handled directly between the relevant users.

HaulyX is not responsible for:

• unpaid wages;
• unpaid invoices;
• disputed rates;
• late payments;
• payment defaults;
• incorrect payments; or
• other financial disputes between users.

Users are responsible for resolving payment matters directly with the other party.

Users may be permitted to upload profile photographs, truck photographs, equipment photographs, job photographs and other content. Users must only upload content they have the right to use.

By uploading content to HaulyX, the user grants HaulyX a non-exclusive licence to host, store, reproduce and display that content as reasonably necessary to operate, display and promote the Platform.

Users remain responsible for their content. HaulyX may remove content that it reasonably considers unlawful, inappropriate, misleading, infringing or contrary to these Terms.

Users must not use HaulyX to:

• provide deliberately false or misleading information;
• impersonate another person or business;
• advertise unlawful work;
• engage in fraud;
• harass or threaten another user;
• upload unlawful or infringing material;
• introduce malware or harmful software;
• gain unauthorised access to HaulyX systems;
• scrape or harvest Platform information without permission;
• misuse another user's personal information; or
• otherwise use the Platform unlawfully.

HaulyX may suspend, restrict or terminate an account where reasonably necessary because of suspected breach of these Terms, fraud, unlawful activity, misuse of the Platform, security concerns, harmful behaviour, or risks to HaulyX or other users.

HaulyX may also remove advertisements or content that breach these Terms.

HaulyX may initially operate as a beta platform. Users acknowledge that beta features may still be under development and may occasionally contain errors, interruptions or limitations.

HaulyX may add, modify, test, suspend or remove features as the Platform develops.

HaulyX does not guarantee that the Platform will always be available, uninterrupted, secure or error-free.

Access may be affected by maintenance, updates, internet services, hosting providers, third-party services, technical failures or circumstances outside HaulyX's reasonable control.

HaulyX may use or link to third-party services. HaulyX does not control third-party websites or services and is not responsible for their availability, content, security, terms or conduct.

Users should review the terms and privacy policies applicable to third-party services they use.

To the maximum extent permitted by law, HaulyX and its owner, operators, officers, employees, contractors and representatives exclude liability for loss, damage, cost or claims arising from or connected with:

• interactions or disputes between users;
• hiring or contracting decisions;
• acts or omissions of Drivers, Owner Drivers or Businesses;
• employment or contracting arrangements;
• transport or freight services;
• accidents, injury or property damage arising from activities performed by users;
• freight loss or damage;
• vehicle or equipment damage;
• lost income;
• lost profits;
• lost business opportunities;
• unpaid wages or invoices;
• inaccurate or misleading user-provided information;
• reliance on profiles, advertisements, photographs or user content;
• unauthorised or unlawful user conduct;
• Platform interruptions;
• technical failures; or
• indirect, incidental, special or consequential loss.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified under Australian law.

To the extent permitted by law, users agree to indemnify HaulyX and its owner, operators, officers, employees and contractors against claims, liabilities, losses, damages, costs and reasonable legal expenses arising from the user's:

• breach of these Terms;
• unlawful conduct;
• employment or contracting arrangements;
• transport activities;
• dealings with another user;
• uploaded content;
• infringement of another person's rights; or
• failure to comply with applicable laws,

except to the extent that the loss was caused by HaulyX and liability cannot lawfully be excluded.

Employment, payment, contracting, freight, transport and other disputes between users are matters between those users. HaulyX is not required to investigate, determine or resolve disputes between users.

HaulyX may choose to assist with communication or provide Platform records where appropriate and lawful, but doing so does not make HaulyX a party to the dispute.

The HaulyX name, official HaulyX logo, Platform design, software, graphics and other HaulyX-owned materials are protected by applicable intellectual-property laws.

Users must not copy, reproduce, modify, distribute or commercially exploit HaulyX intellectual property without permission.

HaulyX handles personal information in accordance with its Privacy Policy and applicable Australian law. Users must not misuse personal information obtained through HaulyX.

In particular, contact details and other information obtained through the Platform must only be used for legitimate purposes connected with the relevant work or business opportunity.

HaulyX may change, add or remove Platform functionality from time to time. This may include changes to job listings, profiles, Owner Driver functionality, quoting, communication features or other services.

The introduction of future paid services may be subject to additional or updated terms.

HaulyX may update these Terms from time to time. Where required by law, appropriate notice of material changes will be provided.

Continued use of HaulyX after updated Terms take effect constitutes acceptance of those updated Terms to the extent permitted by law.

Nothing in these Terms is intended to exclude, restrict or modify rights or remedies that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or other applicable legislation.

These Terms are governed by the laws of Western Australia, Australia.

Subject to any rights available under applicable law, users submit to the jurisdiction of the courts of Western Australia and applicable Commonwealth courts.

Questions regarding these Terms can be submitted through the contact details provided on HaulyX.com.au.