Limits on Liability

A. In no event will Haulage Report Now be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of the Advertising Services or Services even if Haulage Report Now has been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.

B. In no event will Haulage Report Now be liable to any party for any delays, inaccuracies, errors or omissions with respect to the Advertising Services or the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of information available on or through the Advertising Services or Services. You expressly agree that Haulage Report Now will not be responsible or liable for any loss of data, nor will it be required to return any lost data, resulting from the suspension or deletion of user information, network or system outages, file corruption or any other reasons.

C. Haulage Report Now urges you to maintain backup versions of your Content to guard against losses of any kind. You expressly agree that Haulage Report Now will not be liable for any conduct by users of the Advertising Services or Services and will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through the Services or Advertising Services. You expressly agree to indemnify and hold harmless Haulage Report Now, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Content, your use of or connection to the Services or Advertising Services, your violation of these Terms, your violation of any rights of any third party in any way or your violation of any law.

D. Notwithstanding the above, Haulage Report Now’s aggregate liability to the Advertiser will be at Haulage Report Now’s discretion.

 

Debtor Policy

A. Default and consequences of default:

i. Interest on overdue invoices will accrue from the date when payment becomes due daily until the date of payment at a rate of 2% per calendar month and will accrue at such a rate after as well as before any judgment.

ii. If the Advertiser defaults in payment of any invoice when due, the Advertiser will indemnify Haulage Report Now and/or the Reseller as the case may be from and against all costs and disbursements including all reasonable legal fees and all costs of collection.

iii. Without prejudice to any other remedies Haulage Report Now or a Reseller may have, if at any time the Advertiser is in breach of any obligation (including those relating to payment), Haulage Report Now may suspend or terminate the supply of Advertising Services to the Advertiser and any of its other obligations under the Terms. Haulage Report Now will not be liable to the Advertiser for any loss or damage the Advertiser suffers because Haulage Report Now exercised its rights under this clause.

iv. If any account remains unpaid at the end of the second month after supply of Advertising Services or other goods or services, the following will apply: an amount (set at the discretion of Haulage Report Now) may be levied for administration fees which sum will become immediately due and payable.

v. In the event that:

1) any money payable to Haulage Report Now becomes overdue, or in Haulage Report Now’s opinion the Advertiser will be unable to meet its payments as they fall due;

2) the Advertiser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

3) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Advertiser or any asset of the Advertiser, then Haulage Report Now will be entitled to cancel all or any part of any order of the Advertiser or Advertising Service without refund in addition to and without prejudice to any other remedies.

 

Privacy

A. The Advertiser and/or any guarantor(s) agree that Haulage Report Now may exchange information about the Advertiser and guarantor(s) with those credit providers named in an application for credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

i. To assess an application by an Advertiser,

ii. To notify other credit Providers of a default by the Advertiser,

iii. To exchange information with other credit providers as to the status of this credit account,  where the Advertiser is in default with other credit providers, an

iv. To assess the credit worthiness of Advertiser and/or any of its guarantor(s).

B. The Advertiser consents to Haulage Report Now to collect overdue payment on commercial credit

C. The Advertiser agrees that any personal data provided may be used and retained by Haulage Report Now for the following purposes and for other purposes as will be agreed between the Advertiser and Haulage Report Now or required by law from time to time:

i. The provision of Services or other related services,

ii. The marketing of Services and/or other products by Haulage Report Now, its agents or distributors in relation to the Services,

iii. Analyzing, verifying and/or checking the Advertiser’s credit, payment and/or status in relation to provision of Services or related services,

D. Our Advertising Services are designed to allow Advertisers to make available to the general public the Public Content. Consequently, by submitting any Public Content, you thereby waive any privacy expectations you have with respect to our use of your information provided to us. If you do not wish to have your information about yourself viewed by or disclosed to others, please do not use our Services.