Terms of Use

Loadfinders.co.nz is managed and owned by Loadfinders Limited (“Loadfinders”).

Thanks for using the Loadfinders.co.nz (the “website”). This page states the terms and conditions under which you may use the Website (“Terms”). Please read these Terms carefully. By accessing the Website you accept and agree to be bound by these Terms. If you do not accept any of these Terms do not use the Website. Loadfinders may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications.

1. The services

Loadfinders provides a venue to introduce users who wish to provide and tender for road freight. Loadfinders does not take any part in the tender process other than by providing the Website as a venue for users. If a tender from a person who wishes to transport a load (a “Transporter”) is accepted by a person posting a load for transport (“Load Provider”) a contract of sale will be formed between Load Provider and Transporter directly. Loadfinders does not act as agent for either party and does not participate in any sale or transaction between Load Provider and Transporter. As a result, even though some of the services may be referred to as an auction, Loadfinders is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).

2. Registered Users

2.1 To use the Website every Transporter and Load Provider must register as a user (“User”). Where a User registers on the Website the User agrees:

to provide Loadfinders with current, complete and accurate information as prompted by the registration form and agrees to maintain and update this registration data as required to keep it current, complete and accurate;
to keep the User password secure and confidential and not reveal it to any other person;
that the User is entirely responsible for any and all activities that occur under or through the use of that password;
that Loadfinders can reasonably rely upon any use of the User password, including Loadfinders disclosure of information relating to the User’s registration and/or affairs with Loadfinders;
to notify Loadfinders immediately if the User believes their password is no longer secret so that Loadfinders can cease relying on that password; and
not to disclose, or provide to any other person, the User’s password, email address, date of birth or any other information in connection with the User’s membership that may allow them to gain access to the User’s membership.

3. User responsibilities and privileges

3.1 All listings, tenders or communications made through Loadfinders will be made in good faith.

3.2 The User must post loads in New Zealand dollars and exclude GST in the price. All tax obligations are the responsibility of Load Provider and/or Transporter (as the parties determine).

3.3 The User is responsible for the User’s own submissions and postings and for any consequences thereof. The User must use the Website only to post material that:

is proper, honest, complete and accurate and that
complies with all relevant legislation and codes; and
relates to Loads to be transported within New Zealand.

3.4 When using the Website the User must not:

defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, insert, transmit, upload, distribute or disseminate or offer to do the same any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful material or information;
post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless the User is the owner of the rights or has the permission of the owner to post or transmit such material;
post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Website intended for such uses;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
restrict or inhibit any other user from using and enjoying the use of the Website;
conduct or forward competitions, surveys or chain letters;
hack into any part of the Website;
send any unsolicited advertisement or other promotional material, ie. spam; or
commit or encourage a criminal offence.

3.5 Loadfinders reserves the right to protect consumers from false, misleading or illegal reviews of businesses. Loadfinders makes every effort to refer any breach of the laws relating to 'falsely representing oneself as a consumer to governmental and policing bodies.

3.6 Neither Load Provider nor Transporter will attempt to complete a transaction outside the Loadfinders Website or avoid paying Loadfinders’s fees. Attempts to avoid fees by withdrawing a tender prematurely or otherwise will result in Loadfinders terminating membership indefinitely.

4. Acceptance Process

4.1 Transporter must tender only on the Website for loads advertised.

4.2 Load Provider does not have to accept the lowest tender and has complete discretion in relation to its selection of a Transporter.

4.3 Load Provider will indicate its acceptance of the price of the tender and the selected Transporter by clicking the “Accept” offer button next to the relevant Transporter. By clicking “Accept” Load Provider will be supplied with Transporter’s contact details, including contact name, contact number and email address. On contact Load Provider will supply to Transporter the pick up and delivery addresses for the load.

4.4 When contact details have been supplied to Load Provider, the load will be added to the “Awaiting Confirmation” list. Once Load Provider and Transporter have made contact and agreed any additional terms, Load Provider will click the “Confirm” button.

4.5 Any load left as unconfirmed by Load Provider will, after delivery date, automatically be altered to a confirmed status on the Website.

5. Payment

5.1 Premium Account Holders:

Load Provider may choose to sign up as a Premium Account Holder. A Premium Account holder can post loads at no cost and will receive a monthly invoice for transportation of its loads from Loadfinders.
Where a load is posted by a Premium Account Holder, Transporter can choose to be paid by:
1. 24 hour payment to its nominated bank account on providing a signed Proof of Delivery form to Loadfinders. Where this option is selected, a 5% success fee and 15% commission is payable to Loadfinders; or
2. payment on 20th of the month following delivery after providing a signed Proof of Delivery form to Loadfinders. Where this option is selected a 7.5% success fee and 7.5% commission is payable to Loadfinders.

5.2 Non Account Holders:

Where a load is posted by a non-account holder, Load Provider agrees that a 5% success fee on the accepted tender price will be payable to Loadfinders.
Load Provider will receive from Loadfinders an invoice for the cost of posting the load on the Website and for the 5% commission fee. Payment of the remainder of the tender price will be arranged between the parties.

6. Obligations as Load Provider

6.1 To validly post a load, Load Provider must complete and submit to Loadfinders the Loadfinders Post a Load form. Load Provider must provide all information required by Loadfinders in the format requested by Loadfinders from time to time.

6.2 Load Provider will only place listings for loads that exist and are to be transported. Load Provider will not list loads that Load Provider is not legally entitled to list or that are not in Load Provider’s possession.

6.3 Load Provider will make full and prompt payment for any load that has been tendered for successfully.

6.4 Load Provider must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.

6.5 If a load expires (or is withdrawn by the Load Provider) and it has one or more tenders on it that are less than or equal to the maximum price entered for that load, a cancellation fee may be applied of no more than 10% of the maximum price. Application of this fee is entirely at the discretion of Loadfinders.

6.6 If you withdraw a load that has no minimum or maximum price and has one or more tenders on it, no withdrawal fee will apply unless you have accepted one of the tenders by clicking the 'Accept' button.

7. Obligations as Transporter

7.1 Transporter’s tenders are not retractable once the auction has closed. Transporter must only place a tender if Transporter intends to transport the relevant load at the price tendered.

7.2 If Transporter is notified that its tender has been successful, Transporter must complete the transaction in the manner specified, which includes delivering the load to the specified destination by the specified time. Transporter will take all reasonable care in delivering the load undamaged.

7.3 Transporter will adhere to the Carriage of Goods Act 1979 in transporting the load.

7.4 By making a tender, Transporter warrants and represents that it has the legal right to enter into and complete the transaction.

7.5 Transporter agrees to its contact details being supplied to the Load Provider where Transporter’s tender has been accepted.

8. Loadfinders’ right to monitor content

8.1 Loadfinders will have absolute editorial control in relation to the loads posted.

8.2 Loadfinders will not be bound to publish any load submitted by Load Provider until Loadfinders web site operations accepts Load Provider’s form. Acceptance of a form is manifested in publication of the load.

8.3 Loadfinders retains the right to refuse to publish any load if:

Load Provider is in breach of any provision of these Terms; or
in the absolute opinion of Loadfinders, the publication of the load is not in the interest of the Website.

8.4 While every endeavour will be made to publish advertisements as ordered and accepted, Loadfinders will not be liable for misplacement, amendment or omissions or failure to publish a load in the form ordered for any reason, including action or omissions on the part of Loadfinders, its employees or agents. Loadfinders may refuse or withdraw any load from publication at its own discretion without notice at any time.

8.5 Loadfinders does not control or endorse and is not responsible for the information posted by Users, and has no obligation to monitor postings. However, Loadfinders reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Loadfinders’ sole discretion.

8.6 Loadfinders does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties, or endorse any opinions expressed by them. The User acknowledges that any reliance on material so posted will be at the User’s own risk.

8.7 If Loadfinders is notified by a User of content which allegedly does not conform to any of these Terms, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Loadfinders will have no liability or responsibility for performance or non-performance of such investigation. Loadfinders reserves the right to terminate or restrict the User’s access to any or all membership privileges at any time without notice for any reason whatsoever.

9. Website materials

The contents of the Website, including but not limited to text, graphics, illustrations, logos, software, trademarks, service marks and other material (“material”) are protected by copyright and other laws. Loadfinders authorises the User to view the material on the Website solely for the User’s personal use. The User may not sell or modify the material or reproduce, display, distribute, or otherwise use the material in any way for any public or commercial purpose without the written permission of Loadfinders. If the User violates any of these Terms, the User’s permission to use the material automatically terminates and the User must immediately destroy any copies of the material the User has made.

10. Website warranties

10.1 The Website and materials are provided on an “as is” basis without any warranties of any kind, either express or implied. Loadfinders disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Loadfinders make no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the Website.

10.2 Loadfinders does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Loadfinders is not responsible for any costs associated with servicing or replacing equipment or data due to the User’s use of the Website. The Website contains materials provided by third parties, and likewise Loadfinders will not be held responsible for any such third party material.

11. Limitation of liability

11.1 The User’s use of the Website is at the User’s risk. If the User is dissatisfied with any of the materials or other contents of the Website or with these Terms, Loadfinders’ privacy policy or any other policies, the User’s sole remedy is to discontinue use of the Website.

11.2 The User agrees to indemnify Loadfinders (and its officers, directors, employees, shareholders and agents) against all liability, claims, losses, damages, injuries or expenses directly or indirectly arising from any breach of these Terms or any applicable law or regulation by the User.

11.3 Loadfinders will not be liable to the User for any special, consequential (even if a party has been informed of the possibility of such damages), incidental, indirect damages, losses, costs or expenses or any lost or imputed profits of any kind arising out of these Terms or their termination, however caused, and whether based in contract, tort (including negligence), regardless of whether such party has been advised of the possibility of such damages, losses, costs or expenses.

11.4 Except for liabilities resulting from Loadfinders’ wilful misconduct or recklessness, the liability of Loadfinders will not exceed the total amount of the fees actually paid or lost by the User. Loadfinders will not be liable to User or any other person or entity for (i) any information provided to any person or entity by the User or any illegal, inappropriate act or act of misconduct by the User; (ii) system downtime of the Website; (iii) unauthorized access to User’s registration information ; or (iv) any claim attributable to errors, omissions or other inaccuracies on the Website.

12. Copyright infringement

Loadfinders may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes on the rights of others. If the user believes that their work has been used on the Website in a manner that constitutes copyright infringement, please provide Loadfinders with a written notice.

13. Links to other websites

The Website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our Users, and are not an endorsement by Loadfinders of the contents on such third-party websites. Loadfinders is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If the User decides to access linked third-party websites, the User does so at the User’s risk.

14. Termination

Loadfinders may terminate the User’s use or access the Website at any time for any reason without notice. Loadfinders reserves the right to cease operating the whole or any part of the Website at any time.

15. General

15.1 From time to time, Loadfinders may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by the User of the Website after any such changes have been posted shall be deemed to indicate agreement to the modified Terms. If the User does not agree to the modified Terms, the User should cease use of the Website.

15.2 Nothing in these Terms will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between Loadfinders and the User. Neither Loadfinders or the User will have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in these Terms.

15.3 These Terms are governed by and construed in accordance with the laws of New Zealand.