Movelink Privacy Terms
I. Introduction
The Movelink mobile applications and website match carriers with shippers. To enable these applications and websites (the “services”), Movelink Limited and its affiliates and subsidiaries (collectively, “Movelink”) collect and use certain information about our users when they use or communicate with us regarding our services. This notice describes the personal data we collect from users of the services, how this data is used and shared, and users’ choices regarding this data.
II. Overview
A. Scope and application
This notice applies to users of Movelink’s services anywhere in the world.
This notice applies to all users of Movelink’s apps, websites, features, or other services anywhere in the world:
. Carriers: individuals or entities that offer motor vehicles used to transport goods
. Commercial drivers: individuals licensed to operate motor vehicles to transport goods for or on behalf of carriers
. Shippers: any user of the services that is identified as the shipper, consignor, or consignee, or that owns the goods being transported
. Dispatchers: individuals who assign motor vehicles and commercial drivers for conveyance of freight
All those subject to this notice are referred to as “users” in this notice.
The practices described in this notice are subject to applicable laws in the places in which we operate. This means that we engage in the practices described in this notice in a particular country or region only if permitted under the laws of those places.
B. Data controller and transfer
Movelink is the data controller for the personal data collected in connection with the use of Movelink’s services
Movelink operates, and processes data, globally. We may also transfer data to countries other than the one where our users live or use Movelink’s services. We do so in order to fulfill our agreements with users, such as our Terms of Use, or based on users’ prior consent, adequacy decisions for the relevant countries, or other transfer mechanisms as may be available under applicable law.
Questions, comments, and complaints about Movelink ,s data practices can be submitted by email to customerservice@movtou.com.
III. Data collections and uses
A. The data we collect
Movelink collects:
. Data provided by users to Movelink, such as during account creation
. Data created during use of our services, such as location, app usage, and device data
. Data from other sources, such as Movelink partners and third parties that use Movelink APIs
The following data is collected by or on behalf of Movelink:
1. Data provided by users.
This includes:
. User profile: We collect data when users create, modify, or log in to their account; when they request support from or otherwise communicate with us; and if they interact with the services as a commercial driver or carrier dispatcher, submit information about their vehicle or insurance, or otherwise communicate with us. This may include their name, email address, phone number, login name and password, postal address, profile picture, government identification documents, including driver’s license numbers and images, birthdate, signature, and photo. This also includes vehicle registration information, insurance information, payment information, and other information they choose to provide.
. Demographic data: We may collect demographic data about users, including through user surveys. We may also receive demographic data about users from third parties.
. Data submitted through communications with Movelink: We collect the information users submit when they contact Movelink customer support, provide facility ratings, or otherwise contact Movelink. This may include feedback, photographs, or other recordings collected by users.
2. Data created during use of our services.
This includes:
. Location data: Our services require that we collect precise or approximate location data from commercial drivers’ and dispatchers’ mobile devices. We only collect such data where users have granted us permission to do so through the permission system used by their mobile device.
Movelink collects this data when the Movelink app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device.
. Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, date and time the
service was provided, distance travelled, payment amounts, and other related transaction details.
. Photos: We collect photos of bills of lading, freight, and other matters directly related to the services where users have uploaded such photos to the Movelink apps or websites.
. Usage data: We collect data about how users interact with our services (including analytics that we or third parties conduct for the purpose of improving our services). This includes data such as access dates and times, app features and/or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Notice below.
. Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software and file names and versions, preferred language, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
. Communications data: We enable users to interact with one another and Movelink through Movelink’s mobile apps and websites. To provide this service, Movelink receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Movelink may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.
3. Data from other sources.
For example:
. We may receive information about commercial drivers from other users such as carriers or shippers, or from other third parties. This includes information about their location, or feedback they receive from other Movelink users.
. We might receive information about a commercial driver or carrier from the regulatory bodies involved in the regulation of carriers.
. We may receive names and contact information of other users such as third-party brokers, carriers and/or commercial drivers from shippers who request quotations or services.
. If users engage with a separate app or website that uses our API (or whose API we use), we may receive information about them or their connections from that site or app.
. We may receive information from publicly available sources and marketing service providers for lead generation.
Movelink may combine the data collected from these sources with other data in its possession.
B. How we use personal data
Movelink collects and uses data to arrange for reliable and convenient transportation of shipments, delivery, and other products and services. We also use the data we collect:
. To enhance the safety and security of our users and services
. For customer support
. For research and development
. To send marketing and non-marketing communications to users
. In connection with legal proceedings
Movelink does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.
Movelink uses the data it collects for purposes including:
1. Providing services and features.
Movelink uses the data we collect to provide, personalize, maintain, and improve our products and services.
This includes using the data to:
. Create and update users’ accounts
. Request quotations from, and enable the matching of shipments with, third-party brokers, carriers and/or commercial drivers
. Track the status and location of shipments transported through the services, and determine other data relating to use of the services, such as how long a carrier and/or commercial driver has been at a pickup location to determine detention payments
. Send communications to other users of the services, such as shippers, regarding the progress of shipments transported through the services, such as estimated delivery arrival and delivery times
. Personalize and improve the services, including to develop new features and to provide or recommend shipments, features, content, and advertisements
. Offer, process, or facilitate payments for the services
. Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends
2. Safety and security.
We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:
. Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities
. Authenticating users
. Developing safety features
3. Customer support.
Movelink uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:
. Direct questions to the appropriate customer support person
. Investigate and address user concerns
. Monitor and improve our customer support responses and processes
4. Research and development.
We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate finance solutions in connection with our services.
1) Marketing. Movelink may use the data we collect to market our services to our users. This includes sending users communications about Movelink services, features, promotions, sweepstakes, studies, surveys, news, updates, and events. For further details about third- party marketing, see below.
. We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of Movelink’s services, and user preferences and settings.
2) Non-marketing communications. Movelink may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Movelink or its partners.
3) Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of Movelink’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
C. Cookies and third-party technologies
Movelink and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice.
Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Movelink uses cookies and similar technologies for purposes such as:
. Authenticating users
. Remembering user preferences and settings
. Determining the popularity of content
. Delivering and measuring the effectiveness of advertising campaigns
. Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.
Please see our Cookie Notice below for more information regarding the use of cookies and other technologies described in this section.
D. Data sharing and disclosure
Some of Movelink’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
Movelink may share the data we collect:
1. With other users or third parties
This includes sharing data:
With other users or with third parties who require, request, or use such data in connection with transportation, logistics, delivery, and/or other related services, such as rewards partners for fuel discounts and similar discount programs, arranged or performed by Movelink. We may also share commercial drivers’ names, vehicle license numbers, vehicle truck numbers, and location with other users or third parties such as operators of a receiving facility. We may also share their vehicle truck number and vehicle license number with third parties, such as a pickup facility. We may also share carriers’ names with other users.
2. At users’ request
This includes sharing data:
. With other users in connection with services or features that require data sharing.
. With third parties in connection with Movelink partnerships or promotions with those third parties. For example, if a user requests a service through a partnership or promotional offering made by a third party, Movelink may share certain data with those third parties. This may include, for example, other services, platforms, apps, or websites that integrate with our APIs; those with an API or service with which we integrate; or other Movelink business partners and their users in connection with promotions, contests, or specialized services. The handling of such data by those third parties is subject to their privacy notices, and users should refer to those notices for more information on the handling of their data.
3. With the general public
Questions or comments from users submitted through public forums, such as blogs and social media pages, may be viewable by the public, including any personal data included in the questions or comments submitted by a user, or other features of the services that are viewable by the general public.
4. With Movelink affiliates and third parties
We share data with Movelink affiliates to help us provide our services or conduct data processing on our behalf, or for data centralization and/or logistics purposes. We also share data with third parties with whom users choose to let us share data, for example other apps or websites that integrate with our API or services, or those with an API or service with which we integrate.
5. With Movelink service providers and business partners
Movelink provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:
. Payment processors and facilitators
. Cloud storage providers
. Marketing partners and marketing platform providers, including social media advertising services
. Data analytics providers
. Research partners, including those performing surveys or research projects in partnership with Movelink or on Movelink’s behalf
. Vendors that assist Movelink to enhance the safety and security of its apps
. Consultants, lawyers, accountants, and other professional service providers
6. For legal reasons in the event of a dispute
Movelink may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.
This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms and Conditions, user agreements, or other policies; to protect Movelink’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. In addition, where a user uses another person’s credit card, we may be required by law to share that user’s personal data with the owner of that credit card.
This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
7. Through social media sharing
The services may integrate with social media sharing features and other related tools, such as WhatsApp, which let users share actions they take on the services with other apps, sites, or media, and vice versa. Their use of such features enables the sharing of data with others, depending on the settings they establish with the social media sharing service. Please refer to the privacy notices of those social media sharing services for more information about how they handle the data provided to or shared through them.
8. With consent
Movelink may share a user’s personal data other than as described in this notice, if we notify the user and they consent to the sharing.
E. Data retention and deletion
Movelink retains user data for as long as necessary for the purposes described above.
Users may request deletion of their accounts at any time. Movelink may retain user data after a deletion request due to legal or regulatory requirements or for the reasons stated in this policy.
Movelink retains user data for as long as necessary for the purposes described above. This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data.
Users may request deletion of their account at any time by submitting a request by email to customerservice@movtou.com. Following an account deletion request, Movelink deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute.
F. Grounds for processing
We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of Movelink’s legitimate interests or those of other parties, to fulfil our legal obligations, or based on consent.
We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:
1. To provide requested services and features
In order to provide our services, we must collect and use certain personal data. This includes:
. User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their booked loads, trips, and accounts; and enable users to make payments or receive earnings
. Location data, which is used to track loads and assist with navigation
. Usage data, which is necessary to maintain, optimize, and enhance Movelink’s services, including to determine incentives, connect loads and commercial drivers, and calculate payments
. User-provided contacts, including names and email addresses, which we use to enable users to request and receive quotations and services from their contacts
. Transaction information
. Information relating to customer support
2. For purposes of the legitimate interests of Movelink or other parties
This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned users to prevent their use of Movelink’s apps.
This also includes purposes such as combating fraud; improving our services, direct marketing, machine learning, and research and development; and enforcing Movelink’s Terms and Conditions.
In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.
3. To fulfill Movelink’s legal obligations
Movelink is subject to the laws and regulations in the jurisdictions in which it operates that may require it to collect, process, retain, and disclose users’ personal data. We collect and use personal data to comply with such laws.
Movelink may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
4. With consent
Movelink may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys.
Users may revoke such consent at any time. However, they will not be able to use any service or feature that requires collection or use of that personal data.
IV. Choice and transparency
Movelink enables users to access and control the data that it collects, including through:
. In-app settings
. Device permissions
. Marketing opt-outs
Movelink also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that Movelink restrict its processing of user personal data.
1. Device permissions
Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Movelink app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Movelink app seeks before their first use of the app, and use of the app constitutes a grant of such permission.
. Location data
We request permission for our app's collection of precise location from a user’s device (whether their own device or otherwise) per the permission system used by their mobile operating system. If they initially permit the collection of this data, they can later disable it by changing the location settings on their mobile device. However, they may not be able to use the Movelink app if they disable our collection of precise location data. Additionally, disabling our collection of precise location from their device will not limit our ability to derive an approximate location from their IP address to personalize the content of the websites and/or app.
. Important information about device permissions
The permissions requested by the Movelink app include permission to collect users’ location data for the purposes described above. This permission enables Movelink to collect this data when the Movelink app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device.
Carriers and commercial drivers cannot use the Movelink app if they do not permit location data collection.
Please take the following steps to disable the Movelink app's ability to collect precise location data:
On iOS
Settings → Privacy → Location Services → Movelink → choose Never On Android
Settings → Apps → Movelink → scroll to Permission → toggle Location On Android Lollipop (5.1) and earlier
Settings → Location → toggle Off
. Notifications: account and updates
Movelink provides users with notifications and updates related to activity on their account and booked loads. These notifications are a necessary part of using the Movelink app and cannot be disabled.
. Notifications: potential loads and news
Users may enable Movelink to send push notifications about potential loads and news from Movelink. Push notifications may be enabled or disabled through Settings on iOS or Android.
2. Marketing opt-outs
Users may opt out of receiving marketing emails and other messages from Movelink by following the unsubscribe instructions in those messages. We may still send opted-out users non-promotional communications, such as those about their account, services requested, or our ongoing business relations.
3. User data requests
Movelink provides users with a variety of ways to learn about, control, and submit requests, questions, and comments about Movelink’s handling of their data. Users may submit these by email to customerservice@movtou.com.
. Accessing data: Users can ask for an explanation of the data we collect from them and how we use it.
. Receiving data: Users can ask for a copy of data that Movelink has collected from them with their consent or as necessary to provide our services.
. Changing or updating data: Users can ask that Movelink change or update their data, including if they believe such data is inaccurate or incomplete.
. Deleting data: Users may request deletion of their account at any time by emailing customerservice@movtou.com.
. Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. Movelink may continue to process data after such objection or request to the extent required or permitted by law.
. In addition, depending on their location, users may have the right to file a complaint relating to Movelink’s handling of their personal data with the applicable data protection authority.
Questions, comments, or complaints about Movelink’s data practices can be submitted by email to customerservice@movtou.com.
V. Cookie Notice
We and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, email communications, advertisements, and other online services (collectively, the ‘Online Services’) for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Online Services.
1. Cookies and Related Technologies Overview
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements that are used to remember your browser or device during and across website visits. We also utilize other technologies that may identify you or the devices you use. For example, ‘pixel tags’ (also called beacons) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including, for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address,
advertising identifiers, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. ‘Local storage’ refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). ‘Software Development Kits’ (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.
2. Personalized Advertising & Relevancy
In order to facilitate the most relevant ads possible, Movelink works with various service providers who assist us in delivering similar ads to end users across devices and platforms. For example, we work with social media advertising services to provide you with relevant ads based on your Movelink activity through their media channels. We may also use service providers to provide you with a similar ad on a mobile website or mobile application as with a traditional website ad. See below for more information on your choices to limit these types of advertising.
3. Your Choices
You have the right to choose whether or not to accept cookies. However, they are an important part of how our Online Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Online Services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the ‘Help’ or ‘Preferences’ menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table below.
For mobile users, you have controls in your device Operating System that enables you to choose whether to allow cookies, or share your advertising ID with companies like Movelink or our advertising service providers.
VI. Updates to this notice
We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.
We may occasionally update this notice. If we make significant changes, we will notify users in advance of the changes through the Movelink apps or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices.
After such notice, use of our services will be understood as consent to the updates to the extent permitted by law.
Movelink Terms of Use
Section 1
Contractual Relationships
These Terms of Use (“Terms”) govern the access or use by you, an individual or entity, of the applications (including mobile applications), websites, content, products, and services (collectively, the “ Services ” ) made available by Movelink Limited and its subsidiaries and affiliates (collectively, “ Movelink”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. In these Terms, the words “ including ” and “include ” mean “including, but not limited to.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Movelink. These Terms supersede any other agreements with respect to the subject matter of these Terms, except that with respect to any shipper or motor carrier agreement between the shipper or carrier you represent (as applicable) and Movelink, such agreement shall not be superseded by these Terms, and to the extent that such other agreement is inconsistent with these Terms, such other agreement will govern. Movelink may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof.
You agree to maintain all your login credentials to access or use the Services in confidence and only permit your authorized users to access or use the Services. You are responsible for all activity that occurs under your login credentials.
Movelink may amend these Terms from time to time. Amendments will be effective upon Movelink ,s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Please refer to the Movelink Privacy Terms for information about our collection and use of personal information in connection with the Services.
Section 2
License
Subject to your compliance with these Terms, Movelink grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by Movelink (and its affiliates, as applicable) and Movelink,s licensors.
Restrictions
You may not, and may not authorise others to: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Movelink; (iii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Services, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
Ownership
The Services and all rights therein are and shall remain Movelink ,s property or the property of Movelink,s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Movelink , s company names, logos, product and service names, trademarks or services marks or those of Movelink,s licensors.
Section 3
Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER
The Services are provided “ as is ” and “ as available. ” Movelink disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non- infringement. in addition, Movelink makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, or that the services will be uninterrupted or error-free. you agree that the entire risk arising out of your access or use of the services remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY
Movelink shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Movelink has been advised of the possibility of such damages. Movelink shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or
relationship between you and any third party provider, even if Movelink has been advised of the possibility of such damages. Movelink shall not be liable for delay or failure in performance resulting from causes beyond Movelink ,s reasonable control. In no event shall Movelink , s total liability to you in connection with the services for all damages, losses and causes of action exceed three hundred NZ dollars (NZ $300).
Movelink does not control, endorse or take responsibility for any user content or third-party content available on or linked to by the services (including information on the services provided by users or by shippers). Movelink cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
Indemnity
You agree to indemnify and hold Movelink and its affiliates and its and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys , fees), arising out of or in connection with: (i) your use of the Services; and/or (ii) your breach or violation of any of these Terms.
Section 4
Dispute Resolution Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “ Disputes”) must be solely and finally resolved by confidential and final arbitration between you and Movelink, 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 Movelink are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.
Further, unless both you and Movelink 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.
Arbitration Rules and Governing Law
The arbitration will be administered by an independent arbitration body in Auckland, Wellington, Christchurch, or another location as determined by Movelink. Any arbitration conducted pursuant to these Terms shall be governed by the Arbitration Act 1996 (NZ).
Negotiation
Before initiating arbitration, you and Movelink agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice to Movelink must be sent to Movelink, Attn: Legal Department, 107 Neilson Street, Onehunga, Auckland. Neither party shall initiate arbitration until 30 days after the notice is sent.
Arbitrator,s Decision
An award rendered in connection with arbitration pursuant to this Section 4 shall be final and binding upon you and Movelink, and judgment upon such an award may be entered and enforced in any court of competent jurisdiction. 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.
Section 5
Transportation and Other Provision
MOVELINK IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY MOVELINK ISA MOTOR CARRIER.
For the purposes of these Terms, a “ carrier ” refers to any company or individual engaged in the commercial transport of goods by road, as defined under the Land Transport Act 1998 (NZ) and other applicable transport laws and regulations in New Zealand.
Certain Movelink entities operate as licensed freight forwarders under New Zealand , s Transport Service Licensing regime, in accordance with the Land Transport Act 1998 and relevant regulations issued by Waka Kotahi NZ Transport Agency or other applicable authorities.
Text Messaging and Telephone Calls
You agree that Movelink may contact you by telephone or SMS messages (including by an automatic telephone dialling system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf, including for marketing purposes. You
understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving SMS messages from Movelink at any time, either by replying with the word “ STOP ” using the mobile device that is receiving the messages.
User Provided Content
Movelink may, in Movelink ,s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Movelink through the Services textual, audio, visual or other content and information, including load information, commentary and feedback related to the Services, ratings and reviews (including of motor carriers and facilities), initiation of support requests, and submission of entries for competitions and promotions ( “ User Content ” ). Any User Content provided by you remains your property. However, by providing User Content to Movelink, you grant Movelink a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Movelink , s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Movelink the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Movelink , s use of the User Content as permitted herein will infringe, misappropriate or violate a third party,s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Movelink in its sole discretion, whether or not such material may be protected by law. Movelink may, but shall not be obligated to, review, monitor, or remove User Content, at Movelink , s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network ,s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. Movelink does not guarantee that the Services, or any portion thereof, will
function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Choice of Law
These Terms are governed by and construed in accordance with the laws of New Zealand, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Notification of Copyright Infringement
Movelink is committed to respecting intellectual property rights and will, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly alleged to have infringed the copyrights or other intellectual property rights of others.
In accordance with the Copyright Act 1994 (NZ) and relevant international copyright laws, Movelink will respond expeditiously to notices sent to its Designated Copyright Agent regarding alleged third-party copyright infringements on the Movelink website or other Movelink-owned and publicly accessible digital platforms (the “Site(s)”).
A copyright owner, an authorised representative, or a person acting under an exclusive copyright right may submit allegations of copyright infringement on the Site(s) by completing the following Copyright Infringement Notice and delivering it to Movelink , s Designated Copyright Agent. Upon receipt of such a notice, Movelink will take reasonable steps to investigate and, where appropriate, remove or restrict access to the allegedly infringing content. Movelink will notify the alleged third-party infringer and provide an opportunity for the submission of a counter-notice to dispute the alleged infringement. If a counter-notice is submitted, Movelink will forward it to the complainant and may restore the removed or restricted content within 10-14 business days, unless the complainant provides evidence of legal proceedings related to the allegedly infringing content.
Copyright Infringement Notice
1. Identification of Copyrighted Work
• Clearly identify the copyrighted work that has allegedly been infringed. If multiple works are involved, provide a representative list.
2. Identification of Infringing Content
• Provide sufficient details for Movelink to locate the allegedly infringing content, including specific URLs where applicable.
3. Contact Information
• Provide the name, mailing address, telephone number, and email address of the person submitting the notice (e.g., the copyright owner or their authorised agent).
4. Statement of Good Faith Belief
• Include the following statement in the body of the notice:
“ I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair dealing exception under the Copyright Act 1994 (NZ)). ”
5. Statement of Accuracy and Authority
• Include the following declaration:
“The information in this notice is accurate, and under penalty of perjury, I am the owner, or I am authorised to act on behalf of the owner, of the copyright or an exclusive right under copyright that is allegedly infringed.”
6. Signature
• Provide the full legal name and either an electronic or physical signature of the complainant or their authorised representative.
7. Submission of Notice
• Deliver the completed Copyright Infringement Notice to Movelink , s Designated Copyright Agent at: Copyright Agent, c/o Movelink (NZ) Limited, 107 Neilson Street, Onehunga, Auckland.
Notice
Movelink may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (courier) or 12 hours after sending (if sent by email). You may give notice to Movelink, with such notice deemed given when received by Movelink, at any time by courier to Movelink, 107 Neilson Street, Onehunga, Auckland.
General
You may not assign these Terms without Movelink , s prior written approval. Movelink may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Movelink , s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Movelink or any third party as a result of these Terms or use of the Services. If any provision of these Terms 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. Movelink , s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Movelink in writing.
Choice of Language
It is the express wish of the parties that these terms and conditions be drawn up in English. These terms may be translated into other languages. In the event of a difference in interpretation between the English version of these terms and another version, the English version shall prevail.