Haulya recognizes that our customers drive the business. As the most critical resource, employees will be safeguarded through training, provision of appropriate work surroundings and procedures that foster protection of health and safety. All work conducted by employees will take into account the intent of this policy. No duty, no matter what its perceived result, will be deemed more important than the health and safety or clients or drivers.
Haulya is firmly committed to the safety of our contract drivers. We will do everything possible to prevent accidents, and are committed to providing a safe working environment for all contract drivers and employees.
We value our contract drivers, not only as drivers, but as human beings critical to the success of their families and the local community.
Contract drivers are encouraged to report any unsafe work practices or safety hazards encountered. All accidents/incidents (no matter how slight) are to be immediately reported to Haulya.
A key factor in implementing this policy will be the strict compliance to all applicable federal, state, and local policies and procedures. Failure to comply with these policies may result in disciplinary actions and/or loss of contract.
Respecting this, Haulya will make every reasonable effort to provide a safe and healthful experience free from any recognized or known potential hazards. Additionally, Haulya subscribes to these principles:
All accidents are preventable through implementation of effective Safety and Health Control policies and programs, and safe driving practices.
Safety and Health controls are a major part of our work every day. Accident prevention is good business. It minimizes human suffering, promotes better working conditions for everyone, holds Haulya to a high standard with clients, and increases productivity. Haulya will comply with all safety and health regulations which apply to the course and scope of operations.
Drivers are responsible for providing the safest possible environment for contract drivers and clients. Contract drivers are responsible for following safe work practices and company rules, and for preventing accidents and injuries. Management has established lines of communication through the customer support center to solicit and receive comments, information, suggestions and assistance from contract drivers and clients where safety and health are concerned.
Management and supervisors of Haulya will set an exemplary example with good attitudes and strong commitment to safety and health in the workplace. Toward this end, management must monitor company safety and health performance, along with working environment and conditions to ensure that program objectives are achieved. Our safety program applies to all employees, and persons affected or associated in any way by the scope of this business. Everyone’s goal must be to constantly improve safety awareness and to prevent accidents and injuries.
Everyone at Haulya must be involved and committed to safety. This must be a team effort. Together, we can prevent accidents and injuries. The primary responsibility of contract drivers of Haulya is to perform their duties in a safe manner in order to prevent injury to themselves and others.
As a condition of the contract, drivers MUST become familiar with, observe, and obey rules and established policies for health, safety, and preventing injuries while at work. Additionally, employees and contract drivers MUST learn the approved safe practices and procedures that apply to their work. Before beginning work or new assignments, a contract driver should review applicable and appropriate safety rules before starting.
If, after discussing a safety situation with their supervisor or Haulya contact, a contract driver still has questions or concerns, they are required to contact Haulya immediately.
No contract driver is required to perform work that he or she believes is unsafe, or that he or she thinks is likely to cause injury or a health risk to themselves or others.
General Safety Rules Conduct Horseplay, ‘practical jokes,’ etc., are forbidden. Contract drivers are required to work in an injury-free manner displaying accepted levels of behavior. Conduct that places the contract driver and or others at risk, or which threatens or intimidates others, is forbidden.
Drugs and Alcohol Use and/or possession of illegal drugs or alcohol while performing for Haulya are forbidden. Reporting for a ride while under the influence of illegal drugs or alcohol is forbidden.
Housekeeping Drivers are responsible to keep their vehicle clean and safe.
Injury Reporting All work-related injuries must be reported to your Haulya management immediately. Failure to immediately report injuries can result in termination.
Safety Orientation Training Haulya is committed to providing safety and health-related training for all contract drivers. The Company will maintain and support drivers through phone, text messages or emails, to educate and familiarize drivers with safety and health procedures, rules and safety practices. The training subjects and materials have been developed using industry best practice criteria and site-specific data.
The training may include, but not be limited to the following: Company specific accident and incident data Hazards associated with the work performed Emergency procedures Accident reporting requirements and forms Any OSHA required training not included or addressed above
Periodic Inspections It is the policy of Haulya that vehicles are subject to periodic safety and health inspections to ensure the implementation and execution of safety policies and procedures. All contract drivers are responsible for cooperating during these inspections, and Haulya managers and supervisors are responsible for initiating corrective actions to improve items discovered during the inspection.
Incident Reporting Any injury must be reported immediately to Haulya. An Incident Report form must be then be completed. An accident investigation will be conducted to determine the root cause of the accident. The injured driver will be asked to participate in the accident’s investigation.
General Emergency Guidelines Stay calm and think through your actions Know the emergency numbers: Fire/Police/Ambulance 911 Do not hesitate to call or alert others if you believe that an emergency is occurring; you will not be reprimanded if you act in good faith and it turns out to be a false alarm.
Sexual Harassment Policy Haulya does not tolerate harassment of applicants, contract drivers, clients, guests, vendors or other persons doing business with us. Any form of harassment related to an individual’s race, color, sex, religion, national origin, age, citizenship status, veteran status or handicap is a violation of this policy and will be treated as a disciplinary matter. For these purposes, the term harassment includes – but is not limited to – slurs, jokes or other verbal, graphic or physical conduct relating to an individual’s race, color, sex, religion or national origin; sexual advances; requests for sexual favors; and other verbal, graphic or physical conduct of a sexual nature.
Violation of this policy by a contract driver or client, shall lead to immediate termination.
Examples of conduct prohibited by this policy include but are not limited to: Unwelcome sexual flirtation, advances or propositions; Verbal comments related to an individual’s age, race, gender, color, religion, national origin, disability or sexual orientation; Explicit or degrading verbal comments about another individual or their appearance; The display of sexually suggestive pictures or objects in any workplace location including transmission or display via electronic device; Any sexually offensive or abusive physical conduct; The taking of or the refusal to take any personnel action based on an employee’s submission to or referral of sexual overtures; and Displaying cartoons or telling jokes that relate to an individual’s age, race, gender, color, religion, national origin, disability or sexual orientation.
If you believe that you are being subjected to harassment, you should: If you feel comfortable enough to do so, tell the harasser that their actions are not welcome and they must stop. Report the incident immediately to Haulya. Report any additional incidents that may occur to Haulya. Any reported incident will be investigated. Complaints, and actions taken to resolve complaints, will be handled as confidentially as possible, but it is the obligation of Haulya to investigate and act upon reports of such harassment. Retaliation of any kind against an employee who reports a suspected incident of sexual harassment is prohibited. An employee who violates this policy or retaliates against an employee in any way will be subject to disciplinary action up to and including termination.
Violence Prevention and Reporting Any contract driver or client who feels that they have been threatened should immediately report their concern to Haulya. If any person is observed exhibiting threatening behavior or making threatening statements, the person who discovers the situation should warn others in the area, and immediately notify Haulya, and stay away from the person exhibiting threatening behavior. Depending upon the level of concern, the police department (911) should be called immediately. Never attempt to confront any person exhibiting threatening behavior.
Vehicle Use Policy This policy applies to: Vehicles owned, leased or rented by Haulya. Personally owned vehicles driven by employees on behalf of and or contract drivers.
The following policy has been established to encourage safe operation of vehicles, and to clarify insurance issues relating to drivers. All contract drivers must have a valid driver’s license. Motor Vehicle Records will be checked periodically. Driving privileges may be suspended or terminated if a driver’s record indicates an unacceptable number of accidents or violations. Should a driver’s record fall into our insurance carrier’s guidelines of an ‘unacceptable driver,’ your status as a driver may be terminated. Haulya must be notified of any change in your license status or driving record. In the event of an accident: Take necessary steps to protect the lives of yourself and others. Comply with police instructions. Do not assume or admit fault. Liability and negligence will be determined after a thorough investigation. Report any accident to Haulya as soon as possible. By signing this document, you are agreeing that you have read and understand the Vehicle Use policy and will comply with it.
{OSHA Compliance Programs} Blood-born Pathogens Blood and other bodily fluids can carry pathogens, which are capable of causing diseases in others. This includes HIV, which leads to AIDS, and hepatitis.
Because we cannot tell by looking at a person if they are infected with a pathogenic disease, we must take precautions following an illness or injury when bodily fluids are released. In the event of a person losing bodily fluids, stay away from the area. You can still stay close to the ill/injured person to support him/her, just be sure to stay out of contact any bodily fluids. In the event that you find spilled bodily fluids, a syringe or other medically contaminated materials, use gloves or personal protective equipment before handling or cleaning up the suspected spill.
Personal Protective equipment (PPE) Use PPE to clean up any suspected bodily fluids. Inspect PPE prior to each use and never use damaged PPE. Safety Glasses – Must be worn when painting, grinding, drilling, welding, sawing, working in a dusty environment or when handling chemicals. Gloves – Work gloves must be worn at all times when handling sharp objects, welding or performing other jobs, which could cause hand injuries. Synthetic gloves must be worn when handling chemicals.
{General Safety Precautions} Lifting Plan the move before lifting to ensure that you have an unobstructed pathway. Test the weight of the load before lifting by pushing the load along its resting surface. If the load is too heavy or bulky, use lifting and carrying aids such as hand trucks, dollies, pallet jacks and carts, or get assistance. If assistance is required to perform a lift, coordinate and communicate your movements with those of your assistant. Position your feet 6-12 inches apart with one foot slightly in front of the other. Face the load. Bend at the knees, not at the back. Keep your back straight. Get a firm grip on the object using your hands and fingers. Use handles when they are present. Hold the object as close to your body as possible. While keeping the weight of the load in your legs, stand in an erect position. Perform lifting movements smoothly and gradually; do not jerk the load. If you must change direction while lifting or carrying the load, pivot your feet and turn your entire body. Do not twist at the waist. Set down objects in the same manner as you picked them up, except in reverse. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it higher. Never lift anything if your hands are greasy or wet. Wear protective gloves when lifting objects that have sharp corners or jagged edges.
Using Lifts, Hoists and Jacks Check oil levels before using machinery. Do not block lift or hoist control valves in open or shut positions. Place machines in neutral and then release the parking brake when operating with an electric vehicle pusher. Use the correct jack for the task at hand. Do not go underneath a machine that is not properly supported. {Software License and Online Service Agreement} This Agreement constitutes the expressed written agreement defining the terms, conditions, restrictions, covenants, and legal obligations between you (“Transportation Company” or “You”) and Samcar, LLC, a Kansas limited liability company (“Haulya” or “Vendor”), or any of its affiliated companies or lawful assigns.
SOFTWARE LICENSE AND ONLINE SERVICES AGREEMENT
This Agreement constitutes the expressed written agreement defining the terms, conditions, restrictions, covenants, and legal obligations between you (“Hauling Company” or “You”) and Samcar, LLC, a Kansas limited liability company (“Haulya” or “Vendor”), or any of its affiliated companies or lawful assigns.
Haulya does NOT provide transportation services and is NOT a transportation carrier.
You are and shall be and shall remain an independent company, as an independent contractor, in the business of providing hauling services, which business you are authorized to conduct in the state(s) and jurisdiction(s) in which you operate. As used herein, “You” and “Hauling Company” shall include your employees, subcontractors, agents and representatives, all of which shall be bound by the terms of this Agreement. You desire to enter into this Agreement for the purpose of accessing and using the Haulya Services and Software to increase your hauling business.
In order to use the Haulya Services and the associated Software, You must agree to the terms and conditions that are set out below. Upon Your electronic execution of this Agreement, You and Haulya shall be bound by the terms and conditions set forth herein.
1. DEFINITIONS
In addition to the terms defined elsewhere in this Agreement, the following definitions apply:
1.1 “Affiliated Company” means a company that directly or indirectly is under control of or controls that relevant party, by having more than fifty percent (50%) of the voting stock or membership certificates or other ownership interest or the majority of the voting rights.
1.3 “Change Notice” has the meaning as set out in Section 5.3 (Invoice Terms).
1.4 “City” means the state, city, municipality, place, region or territory in which the Hauling Service shall be made available by the Hauling Company.
1.5 “Data” means all data with regard to or transmitted using the Haulya Service or the Driver ID, or data relating to the User and/or the Haul.
1.6 “Device” means the relevant smartphone or such other device as made available by Haulya (in its sole discretion) to the Driver in order for the Driver to use and have (limited) access to the Haulya Service and to enable the Driver in providing the Hauling Service to the Users.
1.7 “Driver” means the person who is a member, employee, contractor or business affiliate of, or otherwise retained by the Hauling Company and who shall render the Hauling Service of whom the relevant contact details (including copy of the driver’s license) are provided to Haulya.
1.8 “Driver Addendum” means the applicable terms and conditions that Hauling Company is required to enter into with all Drivers prior to allowing access to the Software and Haulya Services. The Driver Addendum is available at www.haul-ya.com and is specific to certain Haulya products and Driver’s location. Haulya may update the Driver Addendum from time to time at its sole discretion. By consenting to this agreement, You are consenting to the Driver Addendum.
1.11 “Fee” means the commission paid by the Hauling Company to Haulya for the Service.
1.12 “Haul” means the hauling and transportation of goods to the User by the Driver from the point of pick-up of the User until the point of drop-off of the User. The Haul shall be described and defined by the User by picture of the contemplated transported goods, size, weight and dimensions of the Haul, the location and destination, and the number of expected trips to complete the Haul.
1.13 “Haulya Service” means the on-demand, lead-generation service through SMS (text messaging), web based requests or such other platforms, communication media or channels as are from time to time operated and made available by or on behalf of Haulya that allow a User to request Hauling Service from a Driver (who shall render the Hauling Service on behalf of the Hauling Company) as available to and accepted by the User. “Haulya Service” also includes Haulya’s arrangement for a third party payment processor or mobile payment platform to process the Fare for a Haul requested distribution of the Fare (minus the Fee) to the Hauling Company.
1.14 “Hauling Service” means the transportation service for hauling and transporting goods as provided, made available or rendered by the Hauling Company (through the Driver (as applicable) with the Vehicle) upon request of the User through the service.
1.15 “Intellectual Property Right” means any patent, copyright, invention, database right, design right, registered design, trademark, trade name, brand, logo, slogan, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g., .com, .nl, .fr, .eu, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction anywhere in the world.
1.16 “Rate Services” means the amount (including applicable taxes and fees) that the Hauling Company is entitled to charge the User for the Haul, based on the recommended rates for the City as set out on www.haul-ya.com.
1.18 “Toll Charges” means any and all road, bridge, ferry, tunnel and airport toll charges, including inner-city congestion, environmental or similar charges.
1.19 “User” means a person who has signed up and is registered with Haulya for the use of the Haulya Service.
1.20 “User Information” Information provided by Haulya to the Driver indicating the User’s name; the User’s pick-up location and photo of the User, if the User has elected to include a photo in the User’s profile with Haulya; the size, weight, and dimension of the Haul; delivery location and number of trips to complete the requested Haul; pictures of the Haul; and such other items for the Hauling Company to reasonably determine the Haul and whether to accept the Haul.
1.21 “Vehicle” means any motorized vehicle (whether powered by an internal combustion, hybrid or an electrical engine) that is in safe and clean condition and fit for hauling goods safely and securely as required by applicable laws and regulations, and applicable insurance, and that has been accepted by Haulya and identified as the vehicle to be used by the Driver in the provision of the Hauling Service.
1.22 “Website” means the Haulya website www.haul-ya.com.
2. LICENSE GRANT
2.1 Use of and access to the Driver Service.
Haulya hereby grants Hauling Company a non-exclusive, non-transferable, right to use the Software and Haulya Service, subject to the terms and conditions of this Agreement for the sole purpose of providing and rendering the Hauling Service in and/or from within the City to and for the benefit of the Users. All rights not expressly granted to you are reserved by Haulya and its licensors.
2.2 Restrictions.
Hauling Company shall not and will ensure that Driver does not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Haulya Service, the Software, or the Device in any way; (ii) modify or make derivative works based upon the Haulya Service or the Software; (iii) create Internet “links” to the Haulya Service or Software or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer, decompile, modify, or disassemble, except as allowed under the applicable law; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Haulya Service or Software, or (c) copy any ideas, features, functions or graphics of the Haulya Service or Software; or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Haulya Service or Software.
Hauling Company may not use the Software and Haulya Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
2.3 Unavailability.
The Hauling Company acknowledges and agrees that the Software or the Haulya Service may, from time to time, be unavailable (e.g. due to scheduled maintenance or system upgrades) and that Haulya cannot, and does not, guarantee a specific or minimum availability of the Software or the Haulya Service.
2.4 Ownership.
Haulya (and its Affiliated Companies and licensors, where applicable) shall own and have all rights (including Intellectual Property Rights) in and to the Device, the Software, the Haulya Service, the Driver ID and the Data. Insofar the Hauling Company and/or Driver may, by operation of applicable law or otherwise, obtain any rights (including Intellectual Property Rights) in relation thereto, these rights shall be and are hereby transferred (insofar permitted under the applicable law, in advance) to Haulya (rights obtained by any Driver should be transferred via the Hauling Company). Where a transfer may not be permissible under the applicable mandatory law, the Hauling Company hereby undertakes to grant and to procure from the Driver a grant to Haulya of a perpetual, exclusive (exclusive also with regard to Hauling Company and/or Driver), world-wide and transferable right and license under any such non-transferable rights.
3. OBLIGATIONS OF THE HAULING COMPANY
3.1 Hauling Company shall have the sole responsibility for any obligations or liabilities to Drivers, Users or third parties that arise from its provision of the Hauling Service.
3.2 By using the Haulya Services to receive and accept requests for transportation and by providing the Hauling Service to the User, the Hauling Company accepts, agrees and acknowledges that a direct legal relationship is created and assumed solely between the Hauling Company and the User. Haulya shall not be responsible or liable for the actions, omissions and behavior of the User in or in relation to the activities of the Hauling Company, the Driver and the Vehicle.
3.3 Hauling Company acknowledges and agrees that it and the Driver are solely responsible for taking such precautions as may be reasonable and proper (including taking out adequate insurance in conformity with standard market practice and in conformance with any applicable regulations or other licensing requirements) regarding any acts or omissions of the User.
3.4 The Hauling Company represents and undertakes to procure that the Driver shall comply with, adhere to and observe the terms and conditions set forth in this Agreement, any Driver Addendum, and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to the Hauling Service. To the extent required, the Hauling Company hereby agrees and ensures that the rights, covenants, undertakings, representations and obligations of the Driver as set out in this Agreement shall apply to, and be assumed, accepted and taken over by the Driver. The Hauling Company shall provide copies of all executed Driver Addendums to Haulya upon Haulya’s request.
3.5 The Hauling Company acknowledges and agrees that it exercises sole and independent control over the Driver and will comply with all applicable laws and regulations (including tax, social security and employment laws) governing or otherwise applicable to its relationship with the Driver. Haulya does not and does not intend to exercise any control over the Driver’s (or the Hauling Company’s) actions or the operation or physical condition of the Vehicle (except as provided under the Agreement).
3.6 Hauling Company undertakes that it will, and that it will ensure that its Driver(s) will, safeguard, protect and keep the Driver ID at all times confidential and safely stored and shall not disclose it to any person other than those who need to have access to the Driver ID in order to render and/or provide the Hauling Service.
3.7 Hauling Company undertakes that it will, and that it will ensure that its Driver(s) will, safeguard, protect and keep the User Information received from Haulya and the details of any Haul, at all times confidential and shall not disclose it to any person or store the information in any manner, except as required by law.
3.8 Hauling Company will immediately notify Haulya of any actual or suspected security breach or improper use of the Device, the Driver ID, the Data or of the User Information.
4. USE OF HAUL-YA SERVICE AND SOFTWARE BY DRIVERS
4.1 Driver ID.
Haulya will issue the Hauling Company a Driver ID for each Driver retained by the Hauling Company to enable Hauling Company and/or the Driver (as applicable) to access and use the service in accordance with the Driver Addendum. Haulya will have the right, at all times and at Haulya’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Hauling Company and/or the Driver from accessing or using the service. Haulya may charge a fee for the use of the Device or request a retainer fee and/or a security deposit per Device.
4.2 Information provided to Users.
4.2.1 Once the Driver has accepted a User’s request for transportation, Haulya will provide the User Information to the Driver via the service, including the User’s location. The User shall inform the Driver of the hauling request, picture, size, weight, and dimension of goods and pick up location and destination. Hauling Company acknowledges and agrees that once the Driver has accepted a User’s request for transportation, Haulya may provide specific information to the User regarding the Hauling Company and Driver in relation to the Hauling Service, including but not limited to the Hauling Company’s name, Driver’s name, Driver’s photo, license number, geo-location and contact information.
4.2.2 The Hauling Company and its Drivers retain the sole right to determine when and for how long each of them will utilize the Software and Services to receive lead generation service. The Hauling Company and its Drivers also retain the option to accept or reject each request for Hauling Services. However, Hauling Company and Driver agree to utilize the service at least once a month to accept a request for transportation.
4.3 Driver and User Review.
4.3.1 Users who have used the Hauling Service will be asked by Haulya to comment on the Hauling Service and to provide a score for the Hauling Service and the Driver. Haulya reserves the right to post these comments and scores on the Website (or such other platforms as owned, managed, controlled or managed by Haulya) without reference to the Customer, Hauling Company or Driver. Haulya shall also request the Hauling Company and/or the Driver to comment on and to provide a score for the User. Hauling Company will and will require that its Drivers will provide accurate and objective feedback that does not violate any applicable laws and regulations.
4.3.2 The Hauling Company acknowledges that Haulya is a distributor (without any obligation to verify) and not a publisher of these comments and scores. Haulya reserves the right to refuse, edit or remove unfavorable reviews in the event that such reviews include obscenities or mention an individual’s name or violate any privacy laws or any other applicable laws and regulations. Beyond the legal and regulatory requirements, Haulya shall not have and hereby disclaims any liability and responsibility for the content and consequences of (the publication or distribution of) any comments, scores or reviews howsoever or whatsoever.
4.3.3 The Hauling Company acknowledges that Haulya desires to provide users of its Software with the opportunity to connect with Hauling Companies that maintain the highest standards of professionalism. Hauling Company agrees that its Drivers will maintain high standards of professionalism and service, including but not limited to professional attire and maintaining an average Customer score set by Haulya based on feedback from users of its Software. Haulya utilizes a five-star rating system designed to allow the Users of its Software to provide feedback on the level of service provided by those hauling providers who accept requests for hauling received via the Service. Hauling Company understands that there is a minimum star-rating Drivers must maintain to continue receiving access to the Service and Software. In the event a Driver’s star-rating falls below the applicable minimum star-rating, Haulya will notify Hauling Company by email or other written means. In the event the star-rating (based on User feedback) has not increased above the minimum, Haulya may deactivate the Driver’s access to the Software and Service. Haulya reserves the right, at all times and at Haulya’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Hauling Company and/or the Driver from accessing or using the service or the Device if the Hauling Company or its Drivers fail to maintain the standards of appearance and service required by the users of the Haulya Software.
4.4 Disclosure of Information.
In case of a complaint, dispute or conflict between the Hauling Company or the Driver on the one hand and the User on the other hand or in other appropriate instances where a legitimate reason for such disclosure exists (for example, receipt by Haulya of a subpoena or warrant requesting information), Haulya may, but shall not be required to - to the extent permitted by applicable laws and regulations - provide the User, Hauling Company, the Driver and/or the relevant authorities the relevant data (including personal data) of the Hauling Company or the Driver. Haulya may also disclose certain information of the Hauling Company or the Driver as set forth in this Agreement.
5. CALCULATION OF RATE SERVICES AND FEES
5.1 Rate Services.
5.1.1 The recommended pricing structure used in calculating the Rate Services for the Hauling Service can be found at www.haul-ya.com or can at any time be communicated to the Hauling Company by Haulya.
5.1.2 As part of its Services provided to Hauling Company, Haulya will arrange for a third party payment processor or mobile payment platform to process the Rate Services for a Haul requested to the User designated credit card or mobile payment platform.
5.2 Fee.
Hauling Company shall pay Haulya a Fee per Haul, which shall be set by Haulya at Haulya’s sole discretion based upon local market factors and may be subject to change. The Fee is calculated as a percentage of each Rate. The Rates will be collected by Haulya for and on behalf of the Hauling Company. Hauling Company agrees and requests that Haulya deduct its Fee payable on all Rates earned by the Hauling Company and remit the remainder of the Rates to Hauling Company. The Fee is set forth in the City Addendum. The City Addendum may change from time to time. Hauling Company and Drivers can always view the most current City Addendum at https://www.haul-ya.com and also will receive written notice in the event of a change in Fee percentage.
5.3 Invoicing and payment terms.
5.3.1 Payment of the Rates to Hauling Company shall be made in accordance with the payment method as set forth in the Driver Addendum.
5.3.2 Haulya operates, and the Hauling Company accepts, a system for receipts being issued by Haulya for and on behalf of the Hauling Company to the User. The receipts, which are issued by Haulya for and on behalf of the Hauling Company to the User shall be sent in copy by email or made available online to the Hauling Company. The receipts may include specific information regarding the Hauling Company and Driver in relation to the Hauling Service, including but not limited to the Hauling Company’s name, Driver’s name, Driver’s photo, license number, geo-location and contact information.
The Hauling Company represents that it will ensure that the Driver will notify Haulya of any corrections necessary to the receipt for a Haul within three (3) business days after each Haul. Unless Haulya receives timely notification (three (3) business days) of any correction needed, Haulya shall not be liable for any mistakes in the receipt or in any calculation of the Rate Services that are remitted to the Hauling Company pursuant to the terms of section 5.2.
6. REPRESENTATIONS
6.1 Hauling Company/Driver representations.
6.1.1 The Hauling Company represents to Haulya and shall ensure that the Driver shall represent to Hauling Company, that for the term of this Agreement:
(i) it holds, complies and shall continue to hold and comply with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing their activities, operations and business in general and the Hauling Service in particular;
(ii) shall comply with all local laws and regulations, including the laws related to the operation of a delivery and hauling of goods or hauling service and will be solely responsible for any violations of such local laws and regulations;
(iii) the Driver has a valid driver’s license and is authorized to operate the Vehicle as set out in the Driver Addendum and has all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the City where the Hauling Service is rendered or performed;
(iv) it has appropriate and up-to-date level of expertise and experience to enable and provide the Hauling Service and the Hauling Service will be supplied, provided and supported by appropriately qualified and trained Drivers acting with due skill, care and diligence;
(v) the Hauling Company and the Driver have and maintain a valid policy for the appropriate (transportation, hauling, personal injury, third party or general) liability insurance and such other insurances as are considered market practice (all in industry-standard coverage amounts) for the operation of the Vehicle and/or business insurance to cover any anticipated risks, damages and losses related to the operation of a delivery, hauling of goods or transportation services (including the Hauling Service), and not less than the minimum coverage amounts required by applicable law. The Hauling Company shall add Haulya to its liability insurance policy as an additional insured, and shall upon first request of Haulya provide Haulya with a copy of the insurance certificate;
(vi) the Hauling Company’s employees are covered by workers’ compensation insurance, as required by law. If permitted by law, Hauling Company may choose to insure itself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Hauling Company’s subcontractors may also, to the extent permitted by law, maintain occupational accident insurance in place of workers’ compensation insurance;
(vii) the Vehicle is kept in a clean condition at all times, such Vehicle is in good operating condition and meets the industry safety standards for a Vehicle of its kind, particularly to haul goods in accordance with accepting any Haul;
(viii) the Driver and the Vehicle maintain at all times the star rating quality described in Section 4.3.3 above;
(ix) Hauling Company is the owner or lessee, or is otherwise in lawful possession of a Vehicle or Vehicles, and said Vehicle or Vehicles are suitable for performing the commercial hauling services contemplated by this Agreement, which equipment complies with all applicable federal, state and local laws.
6.2 Disclaimer.
6.2.1 Haulya provides, and the Hauling Company accepts, the Service on an “as is” and “as available” basis. Haulya does not warrant or guarantee that the Hauling Company, the Driver or the User’s access to or use of the Service, or the Website, will be uninterrupted or error free.
6.2.2 Internet Delays. THE HAUL-YA SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
6.3 Hauling Company/ Driver indemnifications.
6.3.1 Subject to the exceptions set forth in this Agreement, the Hauling Company agrees and undertakes and ensures that the Hauling Company will indemnify, defend and hold Haulya (and its Affiliated Companies and employees and, at the request of Haulya, Haulya’s licensors, suppliers, officers, directors and subcontractors) harmless from and against any and all claims, demands, expenses (including legal fees), damages, penalties, fines, social contributions and taxes by a third party (including Users, regulators and governmental authorities) directly or indirectly related to this Agreement.
6.3.2 The Hauling Company is solely responsible for ensuring that Drivers take reasonable and appropriate precautions in relation to any third party with which they interact in connection with the Hauling Service. Where this allocation of the parties’ mutual responsibilities may be ineffective under applicable law, the Hauling Company undertakes to indemnify, defend and hold Haulya harmless from and against any claims that may be brought against Haulya in relation to the Hauling Company’s or Driver’s provision of the Hauling Service under such applicable law as further set forth in Section 6.3 (Indemnification).
7. RELATIONSHIP BETWEEN THE PARTIES
7.1 The relationship between the Parties is solely that of independent contracting parties.
7.2 The Parties expressly agree that this Agreement is not an employment agreement or employment relationship. The parties further agree that no employment contract is created between Haulya and the Drivers.
7.3 The Parties expressly agree that no joint venture, partnership, employment, or agency relationship exists between you, Haulya or any third party provider as a result of this Agreement or use of the Haulya Service or Software.
7.4 The Hauling Company acknowledges and agrees that it has no authority to bind Haulya and undertakes not to hold itself out and to ensure that the Driver does not hold himself or herself out, as an employee, agent or authorized representative of Haulya. Where, by implication of mandatory law or otherwise, the Driver and/or the Hauling Company may be deemed an agent or representative of Haulya, the Hauling Company undertakes and agrees to indemnify, defend and hold Haulya harmless from and against any claims by any person or entity based on such implied agency relationship.
8. LIABILITY
8.1 IN NO EVENT SHALL HAUL-YA’S AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY AND/OR DUE FROM HAULING COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL HAUL-YA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). HAUL-YA AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY HAULING COMPANY, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE HAUL-YA SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE HAUL-YA SERVICE OR SOFTWARE.
8.2 If the disclaimer of liability by Haulya as set out in Clause 8.1 shall, for some reason, not have any effect, the maximum aggregate liability of Haulya vis-a-vis the Hauling Company and its Drivers collectively, is limited to 50% of the total amount of the Fee paid to Haulya by the Hauling Company in the year (12 months) preceding the event that led to the liability.
8.3 All defenses (including limitations and exclusions of liability) in favor of Haulya apply (i) regardless of the ground upon which a liability is based (whether default, tort or otherwise), (ii) irrespective of the type of breach of obligations (guarantees, contractual obligations or otherwise), (iii) for all events and all agreements together, (iv) insofar no event of willful misconduct or gross negligence of Haulya or its management has occurred, and (v) also for the benefit of its Affiliated Companies and employees and, at the request of Haulya, Haulya’s licensors, suppliers and subcontractors.
8.4 Haulya makes no guarantees, warranties, or representations as to the actions or conduct of any Users who may request transportation service from Hauling Company or the Driver. Responsibility for the decisions Hauling Company makes regarding transportation services offered via the Software or Haulya Service (with all its implications) rests solely with Hauling Company. Hauling Company agrees that it is Your responsibility to take reasonable precautions in all actions and interactions with any third party You interact with through the Haulya Service.
8.5 The Hauling services that You provide pursuant this Agreement are fully and entirely Your responsibility. Haulya does not screen or otherwise evaluate potential riders/Users of Your Hauling services. You understand, therefore, that by using the Software and the Haulya Service, You may be introduced to third parties that may be potentially dangerous, and that You use the Software and the Haulya Service at Your own risk.
8.6 Notwithstanding the Hauling Company’s right, if applicable, to take recourse against the Driver, the Hauling Company acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of the Driver(s) vis-a-vis the User and Haulya, even where such vicarious liability may not be mandated under applicable law.
8.7 HAUL-YA WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE HAUL-YA FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR HAUL-YA SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF KANSAS (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. TERM, TERMINATION AND SUSPENSION
9.1 This Hauling Company Agreement shall commence on the date this Agreement is accepted, for an indefinite period of time, unless terminated by either party by written notice with due observance of a notice period of ten (10) calendar days. Haulya may terminate this Agreement automatically, without any notice requirement, at such moment when the Hauling Company and/or its Drivers no longer qualifies, under the applicable law or the quality standards of Haulya, to provide the Hauling Service or to operate the Vehicle.
9.2 Each party may terminate this Agreement or suspend the Agreement in respect of the other party, with immediate effect and without a notice of default being required in case of:
(a) a material breach by the other party of any term of the Agreement (including but not limited to breach of representations or receipt of a significant number of User complaints); or
(b) insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
9.3 Upon termination of the Agreement, the Hauling Company and/or the Driver shall promptly return all Devices and all Data provided to either of them by Haulya without withholding a copy thereof.
10. CONFIDENTIALITY
10.1 Parties understand and agree that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the “Confidential Information”). Confidential Information includes Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
10.2 Each party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the “Permitted Persons”) to maintain, the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other party.
10.3 Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving Party, (ii) was possessed by the receiving Party prior to the date of this Agreement, (iii) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including any technical, operational, performance and financial data (but excluding any User Data)) in confidence to an Affiliated Company.
11. LOCATION-BASED SERVICES
11.1. For the purpose of rendering the Service, the Hauling Company explicitly agrees and acknowledges, and procures that the Driver agrees and acknowledges, that geo-location information regarding the Driver who is available for the Hauling Service or performing the Hauling Service shall be monitored and traced. The Device and the relevant details of the Driver and the Haul and the position of the Driver shall also be disclosed to the User.
11.2 To provide location-based services for analytical, marketing and commercial purposes of Haulya, Haulya may collect, use, and share precise geo-location data, including the real-time geographic location of You and the Drivers. This location data is used by Haulya to provide and improve location-based products and services. Information You provide may be transferred or accessed by entities around the world. Haulya abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected. You expressly consent to Haulya’s use of locations-based services and You expressly waive and release Haulya from any and all liability, claims, causes of action or damages arising from Your use of the software or Haulya service, or in any way relating to the use of the geo-location and other location-based services.
12. MODIFICATIONS
12.1 Haulya reserves the right to modify the terms and conditions of this Agreement or at any time, effective upon publishing an updated version of this Agreement at https://www.haul-ya.com or on the Software.
12.2 Hauling Company hereby expressly acknowledges and agrees that, by using or receiving the Haulya Service, and downloading, installing or using the Software, Hauling Company and Haulya are bound by any future amendments and additions to this Agreement or documents incorporated herein, including the Fee schedule. Continued use of the Haulya Service or Software after any such changes shall constitute your consent to such changes. Hauling Company is responsible for regularly reviewing this Agreement.
13. MISCELLANEOUS
13.1 If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
13.2 Neither party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other party, provided that Haulya may assign, transfer, encumber any of its rights and/or the obligations under this Agreement (in whole or in part or from time to time) to (a) an Affiliated Company or (b) in the event of a merger or sale of assets without the prior written consent of the Hauling Company.
13.3 This Agreement (including the schedules, annexes and appendixes, which form an integral part of this Agreement) constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, offers, undertakings or statements regarding such subject matter.
14. GOVERNING LAW AND JURISDICTION
14.1 This Agreement shall be governed by Kansas law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Haulya Service or Software shall be subject to the exclusive jurisdiction of the state and federal courts located in the City and County of Wichita, Sedgwick County, Kansas. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Haulya to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Haulya in writing. This Agreement and the documents incorporated by reference therein comprise the entire agreement between you and Haulya and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
14.2 Other than disputes regarding the Intellectual Property Rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Haulya Service or Software may be subject to arbitration pursuant to Section 14.3.
14.3 Arbitration.
A. ARBITRATION. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Haulya, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Haulya are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action representative proceeding. Further, unless both you and Haulya otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
C. ARBITRATION PROCESS. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Kansas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within fifteen (15) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
D. ARBITRATION LOCATION AND PROCEDURE. Unless you and Haulya otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Haulya submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. ARBITRATOR’S DECISION. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Haulya will not seek, and hereby waives all rights Haulya may have under applicable law to recover, attorneys’ fees and expenses if Haulya prevails in arbitration.
F. FEES. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Haulya will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)).
G. CHANGES. Notwithstanding the provisions of the modification-related provisions above, if Haulya changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Haulya written notice of such rejection by mail or hand delivery to: Haulya, 400 N. Woodlawn Suite 210 Wichita, Kansas 67208 or by email from the email address associated with your Account to: mike@ecarn.com, within 30 days of the date such change became effective, as indicated in the “Last update” date herein. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Haulya in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
By tapping “I ACCEPT” in the app, you expressly acknowledge and agree that you have freely and voluntarily read the terms and conditions of this Agreement and expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and further acknowledge that You are of lawful age, legally competent, and fully accept to be bound under the terms and conditions of this Agreement with Haulya.
THIS VERSION IS EFFECTIVE AND UPDATED AS OF: SEPTEMBER 14, 2021
