Terms of Service

1. Agreement to Terms

By accessing or using LogBooka ("the Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations of New Zealand. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

These terms constitute a legally binding agreement between you and LogBooka (operated by [COMPANY LEGAL NAME], NZBN: [YOUR NZBN]) ("we", "us", or "our").

2. Service Description

LogBooka provides a digital logbook and fatigue management system designed to assist New Zealand transport operators and drivers in maintaining compliance with NZTA (New Zealand Transport Agency) work time and logbook regulations.

The Service includes:

• Mobile applications for iOS and Android devices
• Web-based administration portal
• GPS-verified work time tracking
• Automatic NZTA compliance monitoring
• Digital logbook records and reporting
• Support for Alternative Fatigue Management Schemes (AFMS)

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into this agreement
• All registration information you submit is truthful and accurate
• You will maintain the accuracy of such information

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Immediately notify us of any unauthorised use of your account
• Ensure that you log out from your account at the end of each session
• Not share your account credentials with any third party

3.3 Transport Operator Accounts

If you register as a transport operator, you represent and warrant that:

• You hold a valid Transport Service Licence (TSL) issued by NZTA
• Your business is registered in New Zealand with a valid NZBN
• You have the authority to bind your organisation to these terms

3.4 Driver Accounts

If you register as a driver, you represent and warrant that:

• You hold a valid New Zealand driver licence of the appropriate class
• You are subject to NZTA work time and logbook regulations
• You have permission from your employer (if applicable) to use this Service

4. Licence and Use Rights

4.1 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes or personal use.

4.2 Restrictions

You agree not to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, alter, or obscure any proprietary notices
• Use the Service for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorised access to any part of the Service
• Use automated systems to access the Service without our permission
• Resell, sublicense, or otherwise commercialise the Service

5. Pricing and Payment

5.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. All fees are:

• Quoted in New Zealand Dollars (NZD)
• Exclusive of GST (15% will be added for NZ-registered businesses)
• Payable in advance on a monthly or annual basis
• Non-refundable except as required by New Zealand consumer law

5.2 Payment Terms

You agree to:

• Provide current, complete, and accurate payment information
• Promptly update your payment information if it changes
• Authorise us to charge your payment method for all fees incurred
• Pay all fees by the due date

5.3 Price Changes

We reserve the right to change our fees at any time. We will provide you with at least 30 days' notice of any fee increases. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified fees.

5.4 Late Payment

If payment is not received by the due date, we may:

• Suspend or terminate your access to the Service
• Charge late payment fees as permitted by law
• Pursue collection through legal means

6. Consumer Guarantees Act 1993

6.1 Your Consumer Rights

Under the Consumer Guarantees Act 1993, you have guaranteed rights that services must:

• Be provided with reasonable care and skill
• Be fit for any particular purpose you make known to us
• Be completed within a reasonable time
• Be provided at a reasonable price (where no price is agreed)

6.2 Remedies

If the Service fails to comply with these guarantees, you may be entitled to:

• Have the problem fixed within a reasonable time
• A refund or price reduction if the problem cannot be fixed
• Compensation for any loss or damage you suffer

6.3 Business Use Exception

If you acquire the Service for business purposes, the Consumer Guarantees Act does not apply to the extent the Service is acquired for business use.

7. NZTA Compliance Disclaimer

Important: While LogBooka is designed to assist with NZTA compliance, the Service is a tool only. You remain solely responsible for ensuring compliance with all applicable NZTA regulations and New Zealand transport laws.

We do not guarantee that:

• Use of the Service will ensure compliance with NZTA regulations
• The Service will prevent all compliance violations
• NZTA will accept records generated by the Service
• The Service is error-free or will operate without interruption

You acknowledge that:

• You are responsible for verifying the accuracy of all records
• You must maintain backup records as required by NZTA
• You should seek independent legal advice regarding compliance obligations
• NZTA regulations may change and you must stay informed of current requirements

8. Data Accuracy and User Responsibilities

8.1 Your Responsibilities

You are responsible for:

• Ensuring all data entered into the Service is accurate and complete
• Promptly correcting any errors or inaccuracies
• Maintaining accurate driver licence information
• Ensuring GPS permissions are enabled for location verification
• Recording all duty status changes promptly
• Reviewing and verifying generated reports before submission to authorities

8.2 GPS and Location Services

The Service uses GPS location data to verify duty entries. You agree to:

• Enable location services on your device when using the Service
• Not manipulate or falsify location data
• Ensure your device has a clear GPS signal when making entries

9. Intellectual Property

9.1 Our Property

The Service, including all content, features, functionality, software, and design, is owned by LogBooka and is protected by New Zealand and international copyright, trademark, and other intellectual property laws.

9.2 Your Data

You retain all rights to the data you submit to the Service. By using the Service, you grant us a licence to use, store, and process your data solely for the purpose of providing the Service to you.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas, you grant us the right to use them without any obligation to compensate you.

10. Limitation of Liability

10.1 Maximum Liability

To the maximum extent permitted by New Zealand law, our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Regulatory fines or penalties
• Damage to reputation

10.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under New Zealand law

11. Indemnification

You agree to indemnify, defend, and hold harmless LogBooka, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Any inaccurate or false information you provide

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature. Upon termination:

• Your access to the Service will cease
• You will not receive a refund for any prepaid fees (except as required by law)
• Your data will be retained according to our Privacy Policy and legal obligations

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if:

• You breach these Terms
• Your account is inactive for an extended period
• You fail to pay fees when due
• We are required to do so by law
• We decide to discontinue the Service

12.3 Effect of Termination

Upon termination, all rights and licences granted to you will immediately cease. Sections of these Terms that by their nature should survive termination will survive.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Displaying a notification in the Service

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

14. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which complies with the Privacy Act 2020. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. The New Zealand courts have exclusive jurisdiction to resolve any disputes arising from these Terms.

15.2 Disputes Tribunal

For claims under $30,000 (or $15,000 for motor vehicle claims), you may be able to resolve disputes through the New Zealand Disputes Tribunal. Visit www.disputestribunal.govt.nz for more information.

15.3 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to resolve any disputes informally. We are committed to working with you to find a fair resolution.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LogBooka regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, strikes, or government actions.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: info@logbooka.com
• Postal Address: [YOUR BUSINESS ADDRESS]
• NZBN: [YOUR NZBN]