Website & Platform Terms & Conditions

1. About these Terms

These Website and Platform Terms & Conditions (“Terms”) govern access to and use of the Mine & Haul website, software platform, applications, dashboards, operator interfaces, management interfaces and related services.

Mine & Haul is operated by Trucking Easy Solutions Pty Ltd T/as Mine & Haul, ABN 73 701 027 910, 4 Bardot Street, McDowall QLD 4053, support@mineandhaul.com.au, www.mineandhaul.com.au.

In these Terms:

• “Mine & Haul”, “we”, “our” and “us” mean Trucking Easy Solutions Pty Ltd T/as Mine & Haul;
• “Customer” means the business, company, organisation, contractor or other entity subscribing to or authorised to use the Mine & Haul platform;
• “Authorised User” means an individual authorised by a Customer to access the platform, including an operator, driver, employee, supervisor, administrator, manager or contractor;
• “Platform” means the Mine & Haul software, website, applications, systems, interfaces, dashboards and associated technology;
• “Customer Data” means information, records, documents and data entered, uploaded, captured or submitted to the Platform by or on behalf of a Customer or its Authorised Users; and
• “Generated Information” means reports, dashboards, calculations, summaries, outputs or other information produced by the Platform using Customer Data or other authorised data sources.

By creating an account, purchasing a subscription, accepting these Terms electronically or using restricted Platform functionality, the Customer agrees to be bound by these Terms.

2. Purpose of Mine & Haul

Mine & Haul is a specialised digital operations management platform designed for businesses operating within the haulage, mining, resources, civil, transport and related industries.

The Platform is designed to assist Customers to:

• streamline operational workflows;
• reduce manual administrative processes;
• improve communication between operators and management;
• capture operational information electronically;
• automate repetitive data entry;
• centralise operational records;
• digitise forms and work procedures;
• improve visibility of business operations;
• generate operational and management reports;
• maintain records;
• reduce duplication of information;
• improve administrative efficiency; and
• support better operational decision-making.

Mine & Haul provides technology to assist Customers with their operations.

Mine & Haul does not itself manage or control the Customer’s mining, transport, haulage, employment, safety or operational activities.

3. Software-as-a-Service platform

Mine & Haul is provided as a software-as-a-service (“SaaS”) platform.

Subject to these Terms and payment of applicable fees, Mine & Haul grants the Customer a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for the Customer’s internal business operations.

The Customer does not acquire ownership of the Platform or any Mine & Haul intellectual property.

The Customer may permit its Authorised Users to access the Platform only for legitimate activities connected with the Customer’s business.

4. Customer account

The Customer is responsible for its organisation account and the Authorised Users associated with that account.

The Customer must ensure that:

• account information is accurate and current;
• access is provided only to persons authorised by the Customer;
• appropriate user permissions are assigned;
• administrator access is appropriately controlled;
• former employees and contractors have access removed when no longer required;
• passwords and login credentials are appropriately protected; and
• Mine & Haul is notified of suspected unauthorised access where reasonably necessary.

The Customer is responsible for managing access to its own organisation account.

5. Authorised Users

The Customer may authorise individuals to use the Platform on its behalf.

Authorised Users may include:

• drivers;
• mobile plant operators;
• machine operators;
• supervisors;
• allocators;
• dispatchers;
• administration staff;
• payroll personnel;
• safety personnel;
• maintenance personnel;
• management;
• contractors; and
• other persons authorised by the Customer.

The Customer is responsible for determining which Platform functionality each Authorised User may access.

Authorised Users must use the Platform only for legitimate business purposes authorised by the Customer.

6. Operator workflows

The Platform may provide workflows designed for operators, drivers and other field personnel.

These may include functions relating to:

• job commencement;
• job completion;
• shift information;
• load information;
• vehicle information;
• equipment information;
• pre-start checks;
• inspections;
• timesheets;
• work hours;
• start and finish times;
• break information;
• location information;
• docket or delivery information;
• photographs;
• documents;
• incidents;
• defects;
• maintenance information;
• safety forms;
• operational forms;
• acknowledgements; and
• other business processes configured within the Platform.

Available functionality may change as the Platform develops.

7. Customer responsibility for workflows

Mine & Haul provides technology for capturing and processing operational information. The Customer remains responsible for determining whether a particular workflow, form, process or configuration is suitable for its business.

The Customer is responsible for ensuring that its operational procedures comply with:

• applicable laws;
• regulations;
• industrial requirements;
• safety requirements;
• contractual obligations;
• client requirements;
• site requirements; and
• internal policies.

Use of a Mine & Haul workflow does not by itself establish legal or regulatory compliance.

8. Customer Data

As between Mine & Haul and the Customer, the Customer retains ownership of its Customer Data, subject to any rights belonging to individuals or third parties.

Customer Data may include:

• operator information;
• employee information;
• vehicle information;
• equipment information;
• job information;
• load information;
• timesheets;
• operational records;
• photographs;
• documents;
• maintenance records;
• safety records;
• customer information;
• site information;
• work records;
• transactional information; and
• other information submitted through the Platform.

Nothing in these Terms transfers ownership of the Customer’s underlying business information to Mine & Haul.

9. Licence to process Customer Data

The Customer grants Mine & Haul a non-exclusive licence to host, store, reproduce, transmit, process, organise, transform and otherwise use Customer Data to the extent reasonably necessary to:

• provide the Platform;
• perform automated processing;
• generate reports;
• display dashboards;
• operate Platform functionality;
• provide technical support;
• maintain security;
• maintain backups;
• investigate faults;
• improve Platform performance;
• comply with legal obligations; and
• provide services requested by the Customer.

This licence does not permit Mine & Haul to sell the Customer’s confidential operational data to unrelated third parties for their independent commercial use.

10. Data entry

Information may enter the Platform through:

• manual entry;
• mobile device entry;
• forms;
• integrations;
• imported records;
• uploaded files;
• scanning;
• operator submissions;
• management submissions;
• automated processes; or
• other data collection methods.

The Customer acknowledges that the accuracy of Platform outputs can depend on the accuracy, completeness and timing of information supplied to the Platform.

11. Automated data processing

Mine & Haul may automate the processing, transfer, categorisation, calculation and presentation of information supplied through the Platform.

Automated processes may assist with:

• transferring information between operational records;
• reducing duplicate data entry;
• completing fields;
• consolidating information;
• calculating values;
• generating summaries;
• producing reports;
• populating management dashboards;
• identifying incomplete information;
• organising records; and
• performing other administrative functions.

Automation is intended to improve efficiency but does not eliminate the need for reasonable human review.

12. Generated reports and information

The Platform may generate:

• operational reports;
• management reports;
• shift reports;
• productivity information;
• utilisation information;
• timesheet information;
• job summaries;
• equipment reports;
• vehicle reports;
• compliance-related records;
• safety information;
• performance reports;
• invoicing-related information;
• payroll-related information;
• maintenance information;
• dashboards;
• calculations; and
• other Generated Information.

Generated Information is based on information available to the Platform at the relevant time.

13. Verification of Generated Information

The Customer is responsible for reviewing and verifying Generated Information before relying upon it for material business, financial, safety, compliance or employment decisions.

In particular, Customers should verify information before using it for:

• payroll;
• employee entitlements;
• invoicing;
• client billing;
• regulatory reporting;
• safety decisions;
• fatigue management;
• Chain of Responsibility;
• maintenance decisions;
• equipment servicing;
• taxation;
• disciplinary action;
• contract administration; or
• statutory record keeping.

Mine & Haul does not warrant that automated outputs will identify every incorrect, incomplete or inconsistent item of Customer Data.

14. Electronic records

The Platform may create and maintain electronic business records based on Customer Data.

The Customer is responsible for determining:

• what records it is legally required to maintain;
• required retention periods;
• whether electronic records satisfy particular regulatory or contractual requirements;
• whether additional records must be maintained outside Mine & Haul; and
• whether records should be independently archived.

Mine & Haul does not warrant that use of the Platform alone satisfies every statutory record-keeping obligation applicable to the Customer.

15. Reporting configuration

Reports, forms, fields, dashboards and workflows may be configured according to Platform functionality and, where offered, Customer requirements.

The Customer remains responsible for confirming that its chosen configuration captures the information required for its particular operations.

Mine & Haul may assist with configuration but does not assume responsibility for the Customer’s underlying operational or compliance obligations.

16. Heavy vehicle and Chain of Responsibility compliance

Where the Customer conducts heavy vehicle operations, the Customer remains responsible for its obligations under the Heavy Vehicle National Law and other applicable transport laws.

Mine & Haul may assist in collecting or organising information relevant to matters including:

• fatigue;
• work and rest information;
• vehicle inspections;
• load information;
• mass;
• maintenance;
• defects;
• scheduling;
• documentation; and
• Chain of Responsibility.

However, the Platform is an operational tool and does not replace the Customer’s own compliance systems, competent personnel, risk assessments or legal obligations.

17. Mining and site compliance

Customers operating in mining, quarrying, resources or civil environments remain responsible for complying with applicable:

• mining legislation;
• work health and safety legislation;
• site procedures;
• principal contractor requirements;
• mine operator requirements;
• inductions;
• competencies;
• licences;
• permits;
• risk management requirements; and
• safety management systems.

Mine & Haul does not certify a Customer, worker, site, vehicle or item of equipment as legally compliant merely because information relating to it appears within the Platform.

18. Work health and safety

The Customer retains responsibility for work health and safety obligations applying to its business.

Mine & Haul does not exercise operational control over:

• vehicles;
• plant;
• equipment;
• mine sites;
• haul roads;
• workplaces;
• employees;
• contractors;
• drivers;
• operators;
• supervisors; or
• work methods.

Nothing in these Terms transfers statutory safety responsibilities from a Customer or other duty holder to Mine & Haul.

19. Fatigue and work hours

If the Platform records or processes work hours, fatigue information, breaks, shifts or similar information, such functionality is intended to assist Customers with record keeping and operational oversight.

The Customer remains responsible for:

• scheduling;
• rostering;
• fatigue risk management;
• verifying work and rest information;
• identifying breaches;
• taking corrective action; and
• complying with applicable fatigue laws and accreditation requirements.

Mine & Haul does not replace a Customer’s responsibility to actively manage fatigue risk.

20. Pre-starts, inspections and defects

The Platform may provide functionality for recording pre-start checks, inspections, maintenance issues and defects.

The Customer remains responsible for:

• determining appropriate inspection requirements;
• ensuring inspections are actually performed;
• reviewing reported defects;
• determining whether equipment is safe to operate;
• arranging repairs;
• removing unsafe equipment from service; and
• meeting applicable maintenance obligations.

A completed electronic form does not constitute a warranty by Mine & Haul that the relevant vehicle or equipment is safe, roadworthy or fit for purpose.

21. Customer responsibility for user submissions

The Customer is responsible for establishing appropriate procedures for information submitted by its Authorised Users.

Mine & Haul cannot independently verify that an operator:

• actually performed a stated task;
• inspected equipment correctly;
• entered correct times;
• recorded accurate quantities;
• provided accurate location information;
• uploaded genuine documents; or
• otherwise entered accurate information.

The Customer remains responsible for appropriate management review and supervision.

22. User warranties

Each Customer must take reasonable steps to ensure information submitted through its account is not knowingly:

• false;
• fraudulent;
• misleading;
• defamatory;
• unlawful;
• malicious;
• infringing;
• corrupted; or
• submitted without appropriate authority.

Authorised Users must not deliberately falsify operational records.

23. Subscriptions

Access to some or all Platform functionality may require a paid subscription.

Subscription details may include:

• subscription level;
• number of users;
• modules;
• functionality;
• storage;
• billing frequency;
• implementation services;
• support level; and
• other inclusions.

Applicable pricing and subscription inclusions will be disclosed to the Customer before purchase.

24. Fees

Unless otherwise stated:

• fees are expressed in Australian dollars;
• GST will be added where applicable;
• invoices must be paid within the stated payment terms; and
• the Customer remains liable for properly incurred fees up to the effective date of cancellation or termination.

Additional services requested by the Customer may attract additional fees where disclosed and agreed.

25. Subscription renewal

Where a subscription automatically renews, the renewal arrangement, billing period and cancellation method will be disclosed to the Customer before or at the time the subscription is entered into.

The Customer may cancel a recurring subscription in accordance with the applicable subscription arrangements.

Any rights under the Australian Consumer Law or other applicable legislation remain unaffected.

26. Implementation and onboarding

Mine & Haul may provide onboarding, implementation or configuration assistance.

The Customer must provide information reasonably necessary to configure its account.

Implementation may include:

• account configuration;
• user setup;
• workflow configuration;
• forms;
• data fields;
• reporting configuration;
• training;
• data migration; or
• integrations.

Customer-specific implementation requirements may be subject to a separate proposal, scope or fee.

27. Integrations

Mine & Haul may integrate with third-party systems.

These may include:

• accounting software;
• payroll systems;
• telematics;
• GPS systems;
• mapping services;
• fleet systems;
• maintenance systems;
• identity providers;
• cloud services;
• APIs; and
• other business software.

Third-party integrations may depend on services outside Mine & Haul’s control.

Mine & Haul does not guarantee the continued availability of a third-party integration where the relevant third party changes, restricts or discontinues its service.

28. Third-party data

Where the Platform imports or receives information from third-party systems, Mine & Haul is not responsible for inaccuracies originating in the third-party source.

Customers should verify material information where appropriate.

29. Platform availability

Mine & Haul will use reasonable efforts appropriate to the nature of the service to maintain Platform availability. However, uninterrupted availability cannot be guaranteed. Service interruptions may occur because of:

• maintenance;
• software updates;
• infrastructure failure;
• internet failure;
• telecommunications failure;
• third-party outages;
• cyber incidents;
• emergency maintenance;
• hardware failure;
• force majeure events; or
• other circumstances outside Mine & Haul’s reasonable control.

30. Maintenance and updates

Mine & Haul may perform updates, maintenance, improvements and security changes to the Platform. Where reasonably practicable, significant planned interruptions may be scheduled to minimise disruption. Emergency maintenance may be performed without advance notice where reasonably necessary to protect the Platform, its users or data.

31. Software development

Mine & Haul may continually develop the Platform. Features may be:

• introduced;
• improved;
• redesigned;
• replaced;
• consolidated; or
• retired.

Mine & Haul will not materially remove paid functionality during a committed subscription period without considering the impact on affected Customers and any applicable contractual or legal requirements.

32. Data security

Mine & Haul will take reasonable measures appropriate to the nature of the Platform to protect information under its control against unauthorised access, loss, misuse, interference or disclosure.

No internet-based system can be guaranteed completely secure.

Customers are responsible for maintaining reasonable security over:

• devices;
• passwords;
• accounts;
• user access;
• internal networks; and
• persons authorised to use the Platform.

33. Privacy

Personal information handled through the Platform will be managed in accordance with the Mine & Haul Privacy Policy and applicable Australian privacy law.

Where the Customer provides personal information about its employees, contractors or other persons, the Customer is responsible for having an appropriate lawful basis or authority to provide that information to Mine & Haul.

The Australian Privacy Principles regulate areas including collection, use, disclosure, security, access and correction of personal information where they apply.

34. Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party.

Confidential information does not include information that:

• is publicly available other than through breach of confidentiality;
• was lawfully known before disclosure;
• is independently developed without use of the confidential information; or
• is lawfully obtained from another source without confidentiality restrictions.

A party may disclose confidential information where required by law.

35. Customer Data confidentiality

Mine & Haul acknowledges that Customer Data may contain commercially sensitive operational information.

Mine & Haul will not intentionally disclose confidential Customer Data to unrelated third parties except:

• as necessary to provide the Platform;
• to authorised service providers;
• with Customer permission;
• where required by law;
• for security or fraud prevention; or
• as otherwise permitted under these Terms and the Privacy Policy.

36. Aggregated and de-identified information

Mine & Haul may use information that has been appropriately aggregated or de-identified so that it does not reasonably identify the Customer or an individual for purposes including:

• Platform improvement;
• analytics;
• system performance;
• product development;
• benchmarking;
• research; and
• understanding industry or Platform usage trends.

Mine & Haul will not present such information as confidential data belonging to an identifiable Customer without authorisation.

37. Intellectual property

Mine & Haul and its licensors retain all intellectual property rights in the Platform.

This includes rights relating to:

• source code;
• object code;
• software;
• Platform architecture;
• workflow architecture;
• interfaces;
• automation logic;
• algorithms;
• database structures;
• reporting systems;
• report layouts;
• forms;
• field structures;
• business rules;
• dashboards;
• APIs;
• designs;
• documentation;
• branding; and
• Platform enhancements.

Use of the Platform does not transfer ownership of Mine & Haul intellectual property to the Customer.

The Mine & Haul Intellectual Property Policy forms part of these Terms.

38. Customer materials

The Customer retains ownership of intellectual property in materials supplied by the Customer.

The Customer grants Mine & Haul permission to use those materials to the extent necessary to provide the Platform and agreed services.

The Customer warrants that it has authority to provide those materials.

39. Feedback

If a Customer voluntarily provides suggestions or feedback regarding Platform functionality, Mine & Haul may use that feedback to improve its services without an obligation to pay compensation.

This does not transfer ownership of the Customer’s pre-existing intellectual property.

40. Prohibited use

A Customer or Authorised User must not:

• access the Platform unlawfully;
• interfere with Platform security;
• attempt unauthorised access;
• introduce malware;
• deliberately overload Platform infrastructure;
• scrape or systematically extract Platform information without permission;
• reverse engineer the Platform except where restriction is prohibited by law;
• copy proprietary Mine & Haul functionality;
• provide unauthorised third parties with access;
• resell access without permission;
• use the Platform to develop a competing product using Mine & Haul proprietary material;
• remove proprietary notices; or
• use the Platform in a way reasonably likely to materially damage Mine & Haul or another user.

41. Acceptable use

The Platform must be used for lawful business purposes.

Customers must not knowingly use the Platform to facilitate:

• unlawful activity;
• fraud;
• falsification of business records;
• harassment;
• unlawful surveillance;
• infringement of intellectual property;
• unauthorised disclosure of personal information; or
• other prohibited activity.

42. No professional advice

Mine & Haul provides operational software.

Information generated by the Platform does not constitute:

• legal advice;
• accounting advice;
• taxation advice;
• industrial relations advice;
• engineering advice;
• safety advice;
• employment advice; or
• regulatory advice.

Customers should obtain appropriate professional advice where required.

43. No guarantee of business outcome

Mine & Haul is designed to assist Customers improve operational efficiency.

Mine & Haul does not guarantee any particular:

• productivity increase;
• cost reduction;
• profitability;
• administrative saving;
• labour saving;
• compliance result;
• revenue improvement;
• equipment utilisation rate; or
• other business outcome.

Actual results depend on how the Customer implements and uses the Platform.

44. Customer management responsibility

The Platform is intended to support, rather than replace, competent business management.

The Customer remains responsible for:

• supervising personnel;
• managing operations;
• reviewing records;
• investigating anomalies;
• responding to safety issues;
• managing compliance;
• making business decisions;
• verifying financial information;
• maintaining appropriate internal controls; and
• determining whether action is required based on information captured through the Platform.

45. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or protection that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or other applicable legislation.

Where Mine & Haul is permitted by law to limit liability for a failure to comply with a statutory guarantee, liability will be limited only to the extent permitted by law.

46. Liability for Customer Data

To the maximum extent permitted by law, Mine & Haul is not responsible for loss caused by inaccurate, incomplete, fraudulent, late or incorrectly entered Customer Data where the relevant error did not arise from Mine & Haul’s own breach or failure.

The Customer is responsible for maintaining reasonable processes for reviewing material operational information.

47. Liability for automated outputs

Automated calculations, reports and outputs depend upon:

• Customer Data;
• configuration;
• applicable formulas;
• integrations;
• timing of data entry; and
• system rules.

To the maximum extent permitted by law, Mine & Haul is not responsible for loss arising solely from a Customer relying on information that was materially incorrect because inaccurate or incomplete source information was supplied to the Platform.

Nothing in this clause limits liability that cannot lawfully be excluded.

48. Indirect loss

To the maximum extent permitted by law, Mine & Haul is not liable for indirect or consequential loss that was not reasonably foreseeable as a result of Mine & Haul’s breach.

Nothing in this section excludes any liability that cannot lawfully be excluded.

49. Indemnity

To the extent permitted by law, the Customer indemnifies Mine & Haul against reasonable loss, liability and expense arising directly from:

• unlawful use of the Platform by the Customer;
• deliberate falsification of information by the Customer or its personnel;
• infringement of third-party rights by Customer-supplied material;
• the Customer’s fraud or wilful misconduct; or
• a material breach of these Terms by the Customer.

Any indemnity will be reduced to the extent Mine & Haul’s own acts or omissions caused or contributed to the relevant loss.

50. Suspension

Mine & Haul may suspend access where reasonably necessary because of:

• a serious security risk;
• suspected fraud;
• unlawful activity;
• material breach of these Terms;
• non-payment of overdue fees;
• misuse of the Platform; or
• conduct creating a material risk to the Platform or other Customers.

Where reasonably practicable, Mine & Haul will provide notice and an opportunity to remedy the issue before suspension.

Immediate suspension may occur where reasonably necessary to protect systems, data, users or third parties.

51. Termination by Customer

A Customer may terminate its subscription in accordance with the applicable subscription arrangement.

Termination does not remove liability for fees properly incurred before the effective termination date.

52. Termination by Mine & Haul

Mine & Haul may terminate a Customer account for:

• serious or repeated breach;
• unlawful use;
• fraud;
• serious security abuse;
• insolvency where permitted by law; or
• persistent non-payment.

Where appropriate and legally required, Mine & Haul will provide reasonable notice or an opportunity to remedy the breach.

53. Data following termination

Following termination, the Customer’s access to Platform data may cease.

Mine & Haul may provide data export functionality or other reasonable means of obtaining Customer Data subject to:

• available Platform functionality;
• applicable subscription terms;
• outstanding lawful fees;
• technical limitations; and
• legal requirements.

Mine & Haul may retain information where reasonably required for legal compliance, security, backup, dispute management, audit or legitimate record-keeping purposes.

54. Changes to these Terms

Mine & Haul may update these Terms where reasonably necessary to reflect changes in:

• law;
• Platform functionality;
• technology;
• security;
• business operations; or
• regulatory requirements.

Material changes affecting existing Customers will be reasonably notified.

Changes will not retrospectively remove accrued contractual rights except where permitted by law.

55. Force majeure

Neither party is responsible for a failure to perform an obligation, other than an accrued payment obligation, to the extent the failure is caused by circumstances outside that party’s reasonable control.

These circumstances may include:

• natural disaster;
• flood;
• cyclone;
• bushfire;
• war;
• civil disturbance;
• government action;
• widespread telecommunications failure;
• major utility failure;
• widespread cyber incident; or
• similar events beyond reasonable control.

56. Notices

Notices to Mine & Haul may be sent to support@mineandhaul.com.au.

Mine & Haul may send notices to the email address registered to the Customer’s account or provide them through the Platform where permitted by law.

57. Severability

If a provision of these Terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary where legally permitted.

The remaining provisions continue in effect.

58. No waiver

Failure to immediately exercise a right does not waive that right.

59. Entire agreement

These Terms, together with:

• the Mine & Haul Intellectual Property Policy;
• the Mine & Haul Privacy Policy;
• any applicable subscription terms;
• any agreed proposal or order form; and
• any other terms expressly incorporated into the Customer’s agreement

constitute the agreement governing use of the Platform.

Where specifically negotiated written terms conflict with these general Terms, the specifically negotiated terms will prevail to the extent of that inconsistency.

60. Governing law

These Terms are governed by the laws of Queensland, Australia and applicable Commonwealth laws.

Subject to any jurisdictional rights that cannot lawfully be excluded, the parties submit to the jurisdiction of the courts of Queensland and courts hearing appeals from those courts.

61. Contact

Mine & Haul

• Trucking Easy Solutions Pty Ltd T/as Mine & Haul
• ABN: 73 701 027 910
• Registered Address: 4 Bardot Street, McDowall QLD 4053
• Email: support@mineandhaul.com.au
• Website: www.mineandhaul.com.au