Terms of Service

These Terms of Service ("Terms") govern your access to and use of the VanMan platform, including our website, mobile applications, APIs, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

VanMan is operated by VanMan Limited, a company registered in New Zealand ("VanMan", "we", "us", or "our"). These Terms constitute a legally binding agreement between you and VanMan.

1. Service Description and Eligibility

VanMan is a cloud-based software-as-a-service (SaaS) platform designed specifically for moving companies. The Service provides tools and features to manage day-to-day operations of a removalist business, including but not limited to job scheduling and dispatch, customer relationship management, quoting and invoicing, real-time fleet tracking, crew management and communication via SMS, integration with third-party accounting software such as Xero, and a mobile application for field crews.

The Service is intended for use by businesses operating in the moving and removalist industry. VanMan is not designed for personal or consumer use unrelated to operating a moving company. We reserve the right to refuse service to any individual or organisation that does not fall within our intended customer base.

To use the Service, you must be at least 18 years of age and have the legal authority to bind your organisation to these Terms. By creating an account and accepting these Terms, you represent and warrant that you meet these eligibility requirements and that you are duly authorised by your organisation to enter into this agreement on its behalf. If you are accessing the Service on behalf of a company, partnership, sole trader, or other legal entity, the term "you" as used throughout these Terms refers to that entity.

2. Account Creation and Responsibilities

To access the Service, you must create a VanMan account by providing accurate, current, and complete information during the registration process. This includes your business name, contact details, and any other information required during sign-up. You agree to update this information promptly if it changes, so that it remains accurate and complete at all times.

You are responsible for maintaining the confidentiality and security of your account credentials, including your password and any API keys associated with your account. You must not share your login credentials with any unauthorised person. You are fully responsible for all activities that occur under your account, whether or not you have authorised such activities. You agree to notify VanMan immediately if you become aware of any unauthorised access to or use of your account.

Each organisation is permitted to maintain only one VanMan account. Multiple accounts created for the same organisation may be consolidated or terminated at our discretion. Individual user seats within an organisation's account are governed by the subscription plan selected. You must not create accounts using false or misleading information, and you must not create an account on behalf of another person or organisation without their explicit permission.

VanMan reserves the right to suspend or terminate any account that we reasonably believe violates these Terms or poses a security risk to the Service or other users.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service in any manner that violates any applicable local, national, or international law or regulation, including but not limited to data protection and privacy laws, consumer protection laws, and employment laws.

You must not use the Service to transmit, distribute, or store material that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable. You must not use the Service to send unsolicited communications, including spam SMS messages through VanMan's messaging features. All communications sent via the Service, including SMS notifications to customers and crew members, must comply with applicable telecommunications and anti-spam legislation.

You are expressly prohibited from: (a) attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part thereof; (b) using any automated means, including bots, scrapers, crawlers, or similar tools, to access, collect data from, or interact with the Service; (c) attempting to gain unauthorised access to any part of the Service, other user accounts, or any systems or networks connected to the Service; (d) interfering with or disrupting the integrity or performance of the Service; or (e) using the Service to develop a competing product or service.

VanMan reserves the right to investigate and take appropriate action against any user who, in our sole discretion, violates this Acceptable Use Policy. Such action may include removal of content, suspension of account access, or permanent termination of the account, with or without prior notice.

4. Intellectual Property Rights

The Service, including all software, code, design, text, graphics, logos, icons, images, and the selection and arrangement thereof, is the exclusive property of VanMan Limited and is protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you under these Terms are reserved by VanMan.

Subject to your compliance with these Terms and payment of all applicable fees, VanMan grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for your internal business operations in connection with operating a moving company. This licence does not include the right to: (a) modify, copy, or create derivative works based on the Service; (b) sublicence, lease, sell, resell, or otherwise transfer the Service to any third party; or (c) use the Service for any purpose other than as expressly permitted by these Terms.

You retain all rights, title, and interest in and to the data, content, and information that you upload, submit, or transmit through the Service ("Your Content"). This includes customer records, job details, invoices, quotes, and any other business data you enter into the platform. VanMan does not claim any ownership rights over Your Content.

Any feedback, suggestions, ideas, or other information you provide to VanMan regarding the Service ("Feedback") is provided on a non-confidential basis, and VanMan shall be free to use, reproduce, modify, and distribute such Feedback without obligation or compensation to you.

5. Payment Terms

Access to the Service beyond the free trial period requires a paid subscription. VanMan offers subscription plans on both monthly and annual billing cycles. The features and pricing of each plan are described on our website and may be updated from time to time. Annual subscriptions are billed in advance for the full year, while monthly subscriptions are billed in advance on a monthly basis.

All subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. For monthly subscriptions, you must cancel at least 24 hours before the next billing date. For annual subscriptions, you must cancel at least 14 days before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will continue to have access to the Service until that date. No refunds or credits are provided for partial billing periods.

All amounts are displayed and charged in the customer's local currency where supported. Prices are exclusive of any applicable taxes, including Goods and Services Tax (GST) for New Zealand customers. You are responsible for all taxes associated with your use of the Service. Payments are processed through our third-party payment processor, and you agree to comply with their terms of service.

VanMan reserves the right to change the pricing of any subscription plan. We will provide at least 30 days' prior written notice of any pricing changes, sent to the email address associated with your account. Price changes take effect at the start of your next billing cycle following the notice period. If you do not agree with the price change, you may cancel your subscription before the new pricing takes effect.

6. Free Trial Terms

VanMan offers a 14-day free trial of the Service to new customers. The free trial provides full access to all features of the Service, allowing you to evaluate whether VanMan is suitable for your business needs. No credit card or payment information is required to start the free trial.

During the free trial period, you may use the Service as if you were a paying subscriber, including creating jobs, managing customers, sending SMS messages, using the mobile app, and connecting your Xero account. Usage during the trial is subject to reasonable fair-use limits, which VanMan may enforce at its discretion.

At the end of the 14-day free trial period, your account will be automatically downgraded to a restricted free tier with limited functionality. To continue using the full Service, you must select a paid subscription plan. Any data you entered during the trial period will be retained and available if you upgrade to a paid plan. VanMan reserves the right to modify or discontinue the free trial offering at any time without prior notice. Free trials are limited to one per organisation.

7. Data Ownership

You retain full ownership of all data, content, and information that you input, upload, or generate through the Service ("Customer Data"). Customer Data includes, but is not limited to, customer contact details, job records, quotes, invoices, crew information, vehicle records, and any documents or images uploaded to the platform.

VanMan does not claim ownership of any Customer Data. We will not sell, rent, or share your Customer Data with third parties for their own marketing or commercial purposes. VanMan processes Customer Data solely for the purpose of providing, maintaining, and improving the Service, as described in our Privacy Policy.

By using the Service, you grant VanMan a limited, non-exclusive, worldwide licence to host, store, process, transfer, and display your Customer Data solely as necessary to provide the Service to you and to fulfil our obligations under these Terms. This licence exists only for as long as your account is active and for a reasonable period thereafter to allow for data export and account closure procedures. VanMan may also use aggregated, anonymised data derived from Customer Data for analytical and statistical purposes, provided that such data cannot be used to identify you or any individual.

You are solely responsible for the accuracy, quality, integrity, and legality of your Customer Data and the means by which you acquired it. You represent and warrant that you have all necessary rights and consents to upload and process Customer Data through the Service, including compliance with applicable privacy and data protection legislation.

8. Service Availability

VanMan will use commercially reasonable efforts to ensure the Service is available and accessible 24 hours a day, 7 days a week. However, the Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or circumstances beyond our reasonable control, including internet service provider failures, force majeure events, or third-party service outages.

We will endeavour to provide reasonable advance notice of scheduled maintenance that may affect Service availability. Where practicable, scheduled maintenance will be performed during off-peak hours (New Zealand time) to minimise disruption to your business operations. Notifications of scheduled maintenance will be communicated via email or through in-app notifications.

While we strive for high availability, VanMan does not guarantee any specific level of uptime or availability. The Service is provided on an "as available" basis, and we make no representations or warranties regarding uninterrupted or error-free operation. [LEGAL REVIEW NEEDED] We recommend that customers maintain their own backup procedures for critical business data and do not rely solely on the Service for time-sensitive or mission-critical operations without appropriate contingency plans.

In the event of a significant or prolonged outage, VanMan will use commercially reasonable efforts to restore the Service as quickly as possible and will provide status updates through our status page and via email communication to affected account holders.

9. Limitation of Liability

To the maximum extent permitted by applicable law, VanMan, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, regardless of the cause of action or the theory of liability, even if VanMan has been advised of the possibility of such damages.

[LEGAL REVIEW NEEDED] To the maximum extent permitted by applicable law, VanMan's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the total amount of fees paid by you to VanMan during the twelve (12) month period immediately preceding the event giving rise to the claim. If you have not paid any fees to VanMan during such period, VanMan's total aggregate liability shall not exceed one hundred New Zealand dollars (NZD $100).

The limitations of liability set out in this section apply to the fullest extent permitted by law. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law, including the New Zealand Consumer Guarantees Act 1993 where applicable.

You acknowledge and agree that VanMan has set its pricing and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that these provisions form an essential basis of the bargain between the parties.

10. Termination and Account Deletion

Either party may terminate these Terms at any time. You may terminate your account by cancelling your subscription through your account settings or by contacting our support team. VanMan may terminate or suspend your account immediately, without prior notice or liability, if you breach any provision of these Terms, if your account has been inactive for an extended period, or if we are required to do so by law.

Upon termination, your right to access and use the Service will cease immediately. However, VanMan will make your Customer Data available for export for a period of thirty (30) days following the effective date of termination. During this 30-day period, you may log in to your account solely for the purpose of exporting your data. We recommend that you export all data you wish to retain before or during this period. VanMan supports data export in common formats including CSV and PDF.

After the 30-day data export period has elapsed, VanMan will permanently delete all Customer Data associated with your account from our active systems. Residual copies of your data may remain in our backup systems for a limited period in accordance with our data retention and backup policies, after which they will also be deleted. Once Customer Data has been permanently deleted, it cannot be recovered.

The following provisions of these Terms shall survive termination: Intellectual Property Rights, Data Ownership (to the extent necessary to effect data export and deletion), Limitation of Liability, Governing Law, and Dispute Resolution.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.

For users located in New Zealand, the courts of New Zealand shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms. For international users, the parties agree to submit to the non-exclusive jurisdiction of the courts located in Auckland, New Zealand, for the resolution of any disputes arising out of or relating to these Terms or the Service. [LEGAL REVIEW NEEDED] Nothing in these Terms is intended to limit or override any mandatory consumer protection rights that may be available to you under the laws of your country of residence. If you are a consumer in a jurisdiction that provides mandatory consumer protection laws, those protections shall continue to apply to the extent required by such laws, notwithstanding any other provision of these Terms.

You agree that any legal proceedings relating to these Terms shall be conducted in the English language. If these Terms are translated into any other language, the English language version shall prevail to the extent of any inconsistency.

12. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good faith negotiation. The party raising the dispute shall provide written notice to the other party, setting out the nature of the dispute and the relief sought. The parties shall then have thirty (30) days from the date of such notice to attempt to resolve the dispute through direct discussion.

If the dispute is not resolved through good faith negotiation within the 30-day period, either party may refer the dispute to mediation. The mediation shall be conducted in Auckland, New Zealand, by a single mediator appointed by agreement of the parties, or failing agreement, by a mediator appointed by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). The costs of mediation shall be shared equally between the parties, unless the mediator directs otherwise. Each party shall bear its own costs associated with participating in the mediation.

If the dispute is not resolved through mediation within sixty (60) days of the mediator's appointment, either party may refer the dispute to binding arbitration. The arbitration shall be conducted in Auckland, New Zealand, in accordance with the Arbitration Act 1996 (New Zealand) and the AMINZ Arbitration Rules. The arbitration shall be conducted by a single arbitrator appointed by agreement of the parties or, failing agreement, by AMINZ. The decision of the arbitrator shall be final and binding on the parties. Judgment upon the arbitral award may be entered in any court of competent jurisdiction.

Nothing in this section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary to protect its rights or property pending the outcome of the dispute resolution process.

13. Changes to Terms

VanMan reserves the right to modify, amend, or update these Terms at any time. We will provide at least thirty (30) days' prior written notice of any material changes to these Terms by sending an email to the address associated with your account. The notice will describe the nature of the changes and provide a link to the updated Terms.

For non-material changes, such as corrections of typographical errors or minor clarifications that do not affect your rights or obligations, we may update these Terms without prior notice. The "Last Updated" date at the top of these Terms will be revised to reflect the date of the most recent changes.

Your continued use of the Service after the effective date of any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Service and terminate your account before the changes take effect. If you are on an annual subscription and material changes are made to these Terms during your billing period, you may terminate your subscription and receive a pro-rata refund for the unused portion of your subscription term.

We encourage you to review these Terms periodically to stay informed of any updates. If you have any questions about these Terms, please contact us at support@vanman.co.nz.