Terms of Use

The Platform is intended for use by businesses acting in trade in New Zealand. You may only create an account and use the Platform if:

• you are at least 18 years old;
• you are using the Platform for business purposes, in trade;
• if you register on behalf of a company or other organisation, you are authorised to bind that organisation to these Terms, in which case "you" means that organisation; and
• you are not barred from using the Platform under these Terms or applicable law.

Because the Platform is provided to businesses in trade, some consumer protections that would apply to a personal (non-business) customer are modified or excluded as set out in these Terms, to the extent the law allows.

• "Customer" — a construction or site business that posts jobs, receives quotes, and engages a Carrier.
• "Carrier" — a transport operator (and its team members: owners, company admins, dispatchers and drivers) that quotes for and performs jobs.
• "User", "you" — any person or organisation that accesses the Platform, including Customers, Carriers, and their personnel.
• "Job" — a request for transport, supply-and-deliver, removal, or related work posted by a Customer.
• "Quote" — a Carrier's committed price to perform a Job.
• "Job Contract" — the contract formed directly between a Customer and a Carrier when a Quote is accepted.
• "Content" — anything submitted to the Platform, including listings, quotes, messages, photos, dockets, reviews, and profile information.

SiteRelay provides a Platform that lets Customers and Carriers find each other, exchange information, agree jobs, coordinate loads, and record proof of delivery. We provide the tools; the parties provide, and are responsible for, the actual work.

SiteRelay is not a party to any Job Contract. We are not a carrier, freight forwarder, transport operator, materials supplier, employer, agent, broker of insurance or finance, or a party to the transport or supply of any goods. We do not direct, supervise, or control how Carriers perform work, and we do not guarantee that any Job will be quoted, accepted, performed, or completed.

We do not hold, receive, or handle any payment between Customers and Carriers. Invoicing and payment are made directly between the parties. Any payment-status information in the Platform is a shared record-keeping tool only and is not a payment service, escrow, or guarantee of payment.

Any introduction, ranking, "Recommended" label, estimate, or other guidance we provide is to help you make your own decision. You are responsible for deciding who to deal with and on what terms.

To use most features you must create an account. You must provide accurate, current, and complete information and keep it up to date. You are responsible for all activity that occurs under your account.

Access and security

You log in with your email and a password (and, where enabled, a one-time verification code). Keep your password confidential and secure. Notify us immediately at support@siterelay.co.nz if you believe your account has been accessed without authorisation. We are not responsible for loss arising from unauthorised use of your account where you have not kept your credentials secure.

Teams and invitations

A Carrier account is operated by a company, which may invite team members (owners, company admins, dispatchers, and drivers). Each invited person controls their own login. The company is responsible for its team members' use of the Platform, for managing their access, and for removing access when a person leaves. You must only invite people you are authorised to invite.

When a Customer accepts a Carrier's Quote, a Job Contract is formed directly between that Customer and that Carrier on the terms of the Quote (including its inclusions, exclusions, price basis, and schedule) and any terms the parties separately agree.

The Customer and the Carrier are each solely responsible for performing their obligations under the Job Contract, including the work, the goods, timing, pricing, quality, safety, compliance, invoicing, and payment. Any dispute about a Job is between those parties. SiteRelay is not responsible for, and gives no warranty about, the performance of any User or the outcome of any Job.

You must deal with other Users honestly and in good faith, and comply with all terms you agree with them.

Customers post Jobs describing the work, materials, quantities, locations, and timing. Carriers submit Quotes as either a fixed price or an hourly rate with a not-to-exceed cap. All prices shown to Customers are inclusive of GST at the prevailing New Zealand rate.

For hourly-with-cap Quotes, the Customer approves the maximum (capped) price; the final price is the lesser of (rate × actual hours) and the cap, and can only reconcile downward unless a Variation is agreed. Where a Customer enables auto-accept, the Platform may accept the best Quote by the Customer's chosen basis after the set time — the Customer is responsible for that setting.

Addresses and key Job details are captured ("snapshot") at the time a Job is published so the agreed scope is preserved; later edits do not rewrite an existing Job Contract.

Variations

Once a Quote is accepted, the agreed price may only change through a Variation — a request by one party (for example, for extra loads, a corrected quantity, contamination found on site, waiting time, an access issue, or a changed pickup or destination) with a plus or minus amount, which the other party approves or declines. Neither SiteRelay nor either party may unilaterally change an agreed price.

Cancelling a Job, a load, or a booking may have consequences under the Job Contract. In particular, a Carrier's truck that is dispatched or attends a site for a Job that is cancelled at short notice, or where no one is available or the site is not ready (a "no-show"), may incur a reasonable call-out or cancellation charge, which is a matter between the Customer and the Carrier.

At signup and at relevant points, Customers acknowledge these cancellation and no-show terms. SiteRelay does not set, collect, or enforce these charges; they are agreed and settled between the parties.

SiteRelay does not process, hold, or handle payments. After a Job is completed, the Carrier invoices the Customer directly, and the Customer pays the Carrier directly, on the terms they have agreed. The Platform may generate an invoice summary and let both parties record payment status (for example, not invoiced, invoiced, paid, overdue, or disputed), but this is a record-keeping aid only.

Each party is responsible for its own tax affairs, including issuing valid GST tax invoices, accounting for GST, and meeting Inland Revenue obligations in respect of the supplies it makes. SiteRelay is not the supplier of any transport or materials and is not responsible for the GST treatment of any Job Contract. (Construction and general freight transport are not "listed services" under the marketplace GST rules, so SiteRelay is not required to, and does not, collect or return GST on the parties' supplies.)

Any dispute about invoicing or payment is between the Customer and the Carrier. SiteRelay may provide records to assist but is not responsible for recovering, withholding, or guaranteeing any payment.

Access to the Platform may be free or subject to fees (for example, subscription or per-transaction fees). Where fees apply, we will tell you the amount and basis before you incur them, and any GST will be shown or added as required. Fees for the use of the Platform are payable to SiteRelay and are separate from amounts payable between Customers and Carriers under a Job Contract. We may change our fees on reasonable notice; continued use after a change takes effect is acceptance of the new fees.

You promise that, at all times while you use the Platform:

• all information you provide (including company details, NZBN, contact details, listings, quotes, quantities, declarations, and proof of delivery) is accurate, current, and not misleading;
• you have the authority to enter into these Terms and any Job Contract you agree;
• you will comply with all laws that apply to you and to the work, including transport, health and safety, environmental, waste, tax, consumer, and privacy laws;
• you will not misuse the Platform, other Users' information, or any content you access; and
• you are dealing on the Platform in trade, for business purposes.

If you use the Platform as, or on behalf of, a Carrier, you additionally promise that:

• you and your drivers hold all licences, permits, and authorisations required to perform the work, including any Transport Service Licence, current driver licences of the correct class, and any endorsements;
• each vehicle used holds a current Warrant or Certificate of Fitness (WoF/CoF) and registration, is roadworthy, and is lawfully operated (including road user charges and work-time/logbook rules);
• you hold adequate and current insurance appropriate to the work (including motor vehicle and, where relevant, goods-in-transit and public liability cover);
• you will comply with the Health and Safety at Work Act 2015 and all safe-loading, dangerous-goods, and load-security requirements; and
• for removal and disposal work, you will lawfully manage the destination of materials and provide accurate disposal or cleanfill dockets (including under the Waste Minimisation Act 2008 for contaminated loads).

You are responsible for keeping compliance information (such as expiry dates) up to date. The Platform may warn about, or prevent, the assignment of non-compliant vehicles or drivers, but this is an aid only and does not transfer your compliance responsibilities to us.

If you use the Platform as, or on behalf of, a Customer, you additionally promise that:

• your description of the material, quantity, and contamination status is accurate, and you will truthfully declare whether material is clean, contaminated, or unknown;
• you have the right to arrange the work and to grant access to the pickup, destination, and site, and you will provide safe and lawful access;
• you will ensure the site is ready and safe for the Carrier at the agreed time; and
• a false or inaccurate declaration (for example, undisclosed contamination) may result in additional charges by Variation and may make you liable for resulting loss.

The physical work — transport, loading, unloading, and site activity — is carried out by the Customer and the Carrier. Each of them is responsible for meeting its duties as a PCBU (person conducting a business or undertaking) under the Health and Safety at Work Act 2015 and for the safety of their workers and others affected by the work. SiteRelay does not conduct, manage, supervise, or control the work and is not a PCBU in respect of it.

We may carry out limited checks on some Users and display indicators such as "Verified" or a count of completed jobs. These indicators reflect limited information available to us at a point in time. They are not a guarantee or endorsement of any User, their licences, insurance, competence, safety, or the quality or legality of their work. You must make your own enquiries and satisfy yourself before engaging any User.

Users may leave reviews and ratings about jobs they have transacted. Reviews must be honest, based on genuine experience, and must not be false, misleading, defamatory, or offensive, or contain personal information about others without a lawful basis. You must not post fake reviews, manipulate ratings, or offer incentives for reviews.

You grant us a non-exclusive, royalty-free, perpetual licence to host, display, and use reviews and ratings you submit for operating and promoting the Platform. We may remove Content that breaches these Terms but are not obliged to monitor or verify reviews and are not responsible for them.

You must not:

• use the Platform for any unlawful, fraudulent, or harmful purpose, or to breach any third party's rights;
• post false, misleading, or deceptive listings, quotes, declarations, or reviews;
• harass, threaten, defame, or discriminate against any person;
• access another User's account, or collect, scrape, or harvest data or personal information from the Platform, without authorisation;
• introduce malware, attempt to gain unauthorised access, interfere with, or place unreasonable load on the Platform, or circumvent its security or access controls;
• copy, modify, resell, or create derivative works from the Platform or its content except as expressly permitted; or
• use the Platform to send unlawful marketing or spam.

To protect Users and the integrity of the Platform, certain contact and commercial details of the other party are only revealed after a Quote is accepted. You must not use the Platform, or information obtained through it, to deliberately divert a specific introduction off the Platform for the purpose of avoiding fees properly payable to SiteRelay. This clause does not prevent you from dealing with businesses you already knew or would deal with independently of the Platform, and does not restrict lawful competition.

The Platform, and all intellectual property in it (including software, design, text, and the SiteRelay name and logo), is owned by or licensed to us. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended business purpose while these Terms apply. All other rights are reserved.

You retain ownership of Content you submit. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display that Content as needed to operate, provide, secure, and improve the Platform, to make it available to the other parties to a Job, and to keep records. You are responsible for your Content and promise you have the rights to provide it and to grant this licence.

If you give us suggestions or feedback, we may use them without restriction or obligation to you.

The Platform records operational information such as load statuses, proof-of-delivery photos, confirmed quantities, dockets, and (where a driver opts in) location data used to show live tracking and estimated arrival times. You agree that this information may be shared between the parties to the relevant Job and retained by us as a record. Proof-of-delivery photos must be taken at the time of delivery and must be genuine.

Our collection and handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Platform you acknowledge that Privacy Policy. Where you provide us with personal information about other people (for example, your drivers or a site contact), you confirm you are entitled to do so and, where required, have told them how their information will be used.

The Platform relies on third-party services (for example, mapping, email delivery, SMS, cloud hosting, and address search). Your use of features that rely on those services may be subject to the third parties' own terms. We are not responsible for third-party services, and their availability may affect Platform features.

We aim to keep the Platform available but do not guarantee it will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue features, and may release beta or trial features that are provided "as is". We may perform maintenance and updates. We are not liable for unavailability of the Platform.

You may stop using the Platform and close your account at any time. We may suspend or terminate your access, immediately and without liability, if we reasonably consider that you have breached these Terms, created risk or legal exposure, or acted unlawfully, or if we are required to by law. We may also discontinue the Platform on reasonable notice.

Termination does not affect rights or obligations that accrued before it, any Job Contract already on foot, or clauses that by their nature survive (including those on payments, promises, intellectual property, disclaimers, liability, indemnity, and disputes). We may retain records after termination as described in our Privacy Policy and as required by law.

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we exclude all warranties, terms, and guarantees not expressly stated in these Terms, whether implied by statute, common law, or otherwise.

You acknowledge that you acquire access to the Platform in trade, for business purposes. To the extent permitted, the guarantees and provisions of the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply to your use of the Platform, and you agree that it is fair and reasonable to be bound by this exclusion (Consumer Guarantees Act 1993, section 43; Fair Trading Act 1986, sections 5C–5D). Nothing in these Terms excludes any right or remedy that cannot lawfully be excluded.

We do not warrant the conduct, identity, licences, insurance, solvency, or performance of any User, the accuracy of any listing, quote, declaration, estimate, or review, or that any Job will be completed satisfactorily or at all.

To the maximum extent permitted by law, SiteRelay is not liable for any indirect, consequential, or special loss, or for any loss of profit, revenue, business, goodwill, data, or anticipated savings, arising out of or in connection with the Platform, these Terms, or any Job, whether in contract, tort (including negligence), equity, or otherwise, even if the loss was foreseeable.

We are not liable for loss caused by the acts or omissions of any User, by any Job Contract, by non-payment, by the goods or work, or by third-party services or events beyond our reasonable control.

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the Platform or these Terms is limited to the greater of (a) the total fees you paid to SiteRelay for use of the Platform in the three months before the event giving rise to the claim, or (b) NZ$100.

You indemnify SiteRelay and its personnel against all loss, damage, cost, and liability (including reasonable legal costs) arising out of or in connection with your use of the Platform, your Content, any Job you are party to, your breach of these Terms or of any law, or a claim by a third party (including another User) relating to your acts or omissions. This clause survives termination.

A dispute between Users about a Job is between those Users. We may, but are not obliged to, provide records to help resolve it.

If you have a dispute with SiteRelay, you agree to first contact us at support@siterelay.co.nz and attempt in good faith to resolve it. These Terms are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts (and, where applicable, the Disputes Tribunal).

We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you (for example, in-app or by email) before it takes effect. The "last updated" date shows when the current version took effect. If you continue to use the Platform after a change takes effect, you accept the updated Terms. If you do not agree, you must stop using the Platform.

• Assignment: you may not assign these Terms without our consent; we may assign or novate them (for example, on a sale or restructure of our business).
• Severability: if any provision is unenforceable, it is modified to the minimum extent necessary, or severed, and the rest remains in force.
• Waiver: a failure to enforce a right is not a waiver of it.
• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us about the Platform and replace any prior understanding about it.
• Notices: we may give notices in-app or to the email associated with your account; you may contact us at the details below.
• Events beyond control: we are not liable for failure or delay caused by events beyond our reasonable control.
• Relationship: nothing in these Terms creates a partnership, agency, employment, or joint venture between you and us.

SiteRelay is a trading name of GE Secure Limited (company number 8374399, NZBN 9429050577224), New Zealand.

You can contact us about these Terms, or any other matter, at support@siterelay.co.nz. This is our sole contact address at present.