THE HAULTAIL® Contractor Bags
- 250 lbs. Weight Capacity
- 28” x 48”. Water Resistant
- Tear Resistant
- Reusable 3-5 Times
- Woven Propylene
Hauling various ‘loose’ items such as: wood, stone, sand, pea stone, bricks, soil, debris
Transporting product and items up and down from roofs and other high structures with rope (e.g. tower repairs)
Storage and Collection (e.g. fruit, vegetables, feed, etc)
Move/Relocation Assistances (e.g. potted trees, items)
A BAG STRONG ENOUGH FOR YOUR TOUGHEST JOBS.
Our Haultail® Contractor Bags can carry up to five times the amount of waste that a typical trash bag can hold.
When you need a heavy duty trash bag, you need a Haultail® Contractor Bags!
Welcome to Haultail®! Please note that drivers and customers are bound by different agreements.
Drivers will need to agree to both agreement to work with Haultail®.
1. Acceptance of Terms
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PUT CAN BE BROUGHT (SEE SECTION 18 BELOW). THESE PROVISIONS, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS AGAINST PUT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER OF ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 18) and accept all of the Terms. If you do not agree to be bound by the terms and condition of this Agreement you may not use or access Haultail®.
Haultail® provides a marketplace where persons or companies ("Customer" or "Customers") who seek to dispose of certain materials, including construction/domolition debris (the "Demo Collection") and/or desire pickup and delivery services (the "Delivery") (Demo Collection and Delivery are sometimes collectively the "Services") can be matched with persons who have made their vehicles available to provide such services to the Customers ("Drivers") (Customers and Drivers are sometimes referred to herein as "Users").
Construction/Demolition Debris Collection ("Demo Collection") . If a Customer chooses Demo Collection, they will be prompted to first identify the type and amount of materials to be picked up (i.e. number of Demobags™ or other construction clean up bags, boxes or other materials), and then be prompted to take photographs of the items. Upon arrival the Driver will confirm the amount of material to be picked up matched the order. Drivers shall have the right to refuse Services for any materials not expressly documented by Customer during the ordering process. Users are expressly prohibited from seeking to use Haultail® for any items other than those identified. Please note that Haultail® may not be used to dispose or certain materials, including but not limited to household trash or recyclables which would otherwise be disposed of by municipal waste/recycling companies. For a description of prohibited uses, please see Section 7, below.
Delivery . If a Customer chooses Delivery, Haultail® will request that the Customer identify the items to be picked up and delivered, as well as the address for pick-up and delivery. Drivers are prohibited from picking up or delivering items other than to/from the addresses submitted to Haultail® by the Customer. Delivery is curbside only. Drivers have the right to refuse Services if the items do not match those submitted by the Customer to Haultail®.
Order Confirmation A Customer may request Services by first selecting the type of service the Customer requires (i.e. Demo Collection or Delivery), the vehicle (i.e., truck, van) that the Customer requires and the address for pickup and/or delivery. Haultail® will calculate the Service Charges and the Customer will be prompted to confirm the order (the "Order"). Upon confirmation, PUT will match the Customer with an available Driver. Once matched, the Customer and Driver may only communicate regarding the Services through Haultail®. PUT uses a third-party provider to facilitate text, voice and other communications between Customer and Driver (to mask a party's phone number and promote privacy). The third party's terms of service will apply to the services the third party performs.
For purposes of this Agreement, any decision by a Customer to accept Services from any Driver is made at the Customer's sole and absolute discretion. Each Service provided by a Driver to a Customer shall constitute a separate agreement between such person(s) or entity(ies). No joint venture, partnership, employment, or agency relationship exists between you, PUT, any Driver or other third party as a result of this Agreement or use of the Service.
PUT AND ITS AFFILIATES DO NOT PROVIDE MOVING SERVICES OR FUNCTION AS A MOVING CARRIER OR A DRIVER. PUT OFFERS INFORMATION AND A METHOD TO OBTAIN AND SCHEDULE DRIVING SERVICES WITH INDEPENDENT THIRD-PARTY PROVIDERS. YOU AGREE THAT PUT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVING, LOGISTICS, OR TRANSACTIONS PROVIDED TO YOU BY THIRD-PARTY PROVIDERS THROUGH THE USE OF THE SERVICES. PUT DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS EXCEPT AS NOTED HEREIN. IT IS YOUR RESPONSIBILITY TO MAKE SURE A DRIVER MEETS YOUR REQUIREMENTS. PUT WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD-PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
3. Modification to the Agreement
In the event that changes are made to these Terms, they shall become binding upon you only upon your acceptance of the modified agreement. PUT reserves the right to modify any information referenced by this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of Haultail® after such changes are made or posted shall constitute your consent to such changes.
You expressly agree that any changes to this Agreement or the information referenced herein does not create an opportunity to opt out of the binding mediation/arbitration clauses located at Section 18 (to the extent applicable).
4. Age Restrictions; Eligibility
Haultail® is only available to person(s) over the age of eighteen (18). By becoming a Customer, you represent and warrant to PUT that you are at least 18 years old, and that you have the right, authority and legal capacity to enter into and abide by the terms and conditions in this Agreement. In certain instances, PUT may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. PUT also expressly reserves the right to suspend or permanently deactivate any Customer account for any reason, including but not limited to a violation of this Agreement.
You also represent and warrant that you will not allow other persons to use your Customer account, and you agree to be the sole authorized user of your account.
Unless otherwise expressly permitted in writing, you are only eligible for one Customer account.
As a Customer, you agree to pay the amount charged for your use of Haultail® (hereafter the "Service Charges"). Service Charges for an Order are all inclusive, meaning all fares and other applicable fees, such as disposal costs, taxes, surcharges and any other fees are calculated into the amount provided to you prior to your confirmation of the order. Pricing for Orders may vary depending on the type of Services you request. You are responsible for reviewing the Service Charges provided prior to confirming the Order. Your use of Haultail® constitutes your consent to those Service Charges, whether you actually reviewed them or not.
By using Haultail®, you also expressly agree to the following:
Transaction Facilitation . All Service Charges are facilitated through a third-party payment processing service. PUT may replace its third-party payment processing service at any time without notice to you. Service Charges shall only be made through Haultail®, including voluntary gratuities. Cash payments are strictly prohibited.
Refunds . All Service Charges are non-refundable unless otherwise noted during the ordering process. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Haultail®, disruptions to Haultail®, or any other reason whatsoever, unless expressly noted otherwise herein.
Credits and Discounts. PUT may provide you with credits or discounts to be applied to your future use of Haultail®. These credits or discounts are only valid on Haultail®, and are not transferable and have no cash value, unless otherwise required by law. Credits and discounts cannot be combined, and if the cost of your service exceeds any available credits or discounts, you agree to permit PUT to charge your credit card for the balance of the Service. Credits and discounts are also subject to any additional restrictions communicated to you in any relevant promotion.
Credit Card Authorization . You have the right to submit your chosen payment method for the Services. Upon the addition of any new payment method, PUT reserves the right to require pre-authorization from your selected payment method to ensure Service Charges will be covered, and to protect against unauthorized conduct. While the authorization is not a "charge" it may reduce your available credit or balance for varying lengths of time depending on your institutions policies and procedures. PUT is not responsible for overdraft or NSF charges on your accounts and cannot provide assistance to you in attempting to recover any of those charges. By using Haultail® you expressly agree that PUT shall be entitled to recover from you any overdraft or NSF charges it incurs in processing payments for any Service Charges accepted by you.
Gratuities. PUT does not designate any portion of your payment as a tip or gratuity to any Driver or other third party. Gratuities are voluntary. You understand that while you are free to choose to give a gratuity, you are under no obligation to do so. In the event any Driver suggests to you that gratuities are expected or required for using the Services, please notify PUT through the Help Center at firstname.lastname@example.org.
Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from your improper packaging of items for pickup or delivery and/or your submission of an Order for Services which are prohibited by these Terms.
Delivery. Delivery times - including pre-scheduled times - are also non-binding estimates and may vary for the same or similar reasons. CUSTOMERS SHOULD REASONABLY EXPECT VARIANCES OF UP TO 90 MINUTES FROM ESTIMATED OR PRE-SCHEDULED DELIVERY TIMES. Customers will receive notice through Haultail's messaging system of the arrival of the Driver. Customers are given a five (5) minute grace period from the time of the Driver's arrival to the designated delivery address for the Customer to accept delivery. Wait times longer than five minutes will be subject to an additional fee.
Inability to Complete Service. In the event that by no fault of the Driver or PUT the Services cannot be completed, the Customer will be charged 100% of the estimated fee and all items scheduled for Delivery will be returned and/or items scheduled for Pickup will be left. Neither PUT nor the Driver shall be responsible for any damage to Customer's property as a result of the inability to complete Services under this section. In the event of the inability to complete Services due to mechanical breakdown or other issues with a Driver's vehicle, PUT will notify Customer of the issue and make every effort to find a replacement Driver to complete the Services at no additional cost to Customer.
Stranding and Abandonment. Use of Haultail® to strand or abandon items may result in a stranding and abandonment fee of up to $500.00, in addition to actual disposal charges.
Haultail® insures each Delivery up to $250.00. Customers shall have the option to purchase additional insurance for amounts in excess of $250.00, up to $2,500, for an additional fee by selecting such option and amount of coverage prior to order confirmation. Customers are required to purchase Insurance through Haultail® at full replacement value for goods
Items of extraordinary value (i.e. over $2,500) or items that are irreplaceable should not be moved via Haultail®. Items valued over $2,500 and shall require additional consents from the Customer and pre-approval by PUT.
Damage that occurs during transportation (from the time the goods are placed on the truck to the time they are removed) will be repaired or replaced up to the insured amount chosen by Customer. Customers will receive a receipt from our third-party insurance provider at the time of Order confirmation which will contain instructions on how to submit a claim in the event of damage. Failure to submit a claim in accordance with the instructions provided may result in the denial of a claim. Customer expressly waives any right to claim damages against Haultail® for failure to insure their goods up to full replacement value and under no circumstances may Customer seek to hold Haultail® liable for damage to their goods in excess of the chosen insurance amount.
Existing damage will be noted and photographed by Drivers prior to transport. Goods and other property that are damaged as a result of improper packaging for transport in a pickup truck (such as, but not limited to, televisions and other sensitive electronics) may not be covered. It is your responsibility to ensure that items are reasonably packaged and prepared for moving in the chosen vehicle type.
Each Driver is required to drive only those vehicles which he or she has registered with Haultail®. Drivers are not permitted to have any passengers in their vehicles while performing the Services. Customers are responsible for ensuring that the Driver's vehicle matches the vehicle on the Order confirmation and the Driver is as identified in the application. Drivers are responsible for insuring their vehicles to either PUT or the State of the vehicle's registration requirements, whichever are greater. All Drivers must also pass PUT's vetting system, which includes a background check, driving record review, insurance, vehicle suitability, and other factors.
7. Prohibited Uses
There are a number of prohibitions and limitations on the use of Haultail®. Examples include:
· No Hazardous materials of any kind, including explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives pool chemicals, paint and solvents, or anything designated by the Department of Transportation as Hazardous Materials;
· No live animals or humans, illegal substances, or anything that may place a Driver in conflict with Federal, State, or local laws or regulations;
· No Articles of exceptional value (antiques, fine art, jewels /jewelry, gold or other precious metals);
· No food waste or recyclable goods which would otherwise be disposed of by municipal waste/recycling companies;
For a complete list of prohibited uses, please see our Prohibited Uses Page.
By becoming a Customer, you agree to receive communications from PUT, including via e-mail, text message, calls or push notifications. You understand and consent to texts, calls or pre-recorded messages being generated by our automated system. Communications from PUT, its affiliated companies, or Drivers, may include but are not necessarily limited to: operational communications related to chosen Services and/or regarding the use of your Account, updates to Haultail®'s features and the Services, promotions run by us or third-party partners and industry related news and updates.
You will have the choice to opt out of receiving promotional related communications by following the link in any email, or instructions contained in any text message or manually changing the settings in your User account.
You agree that any communications with PUT, including questions, comments, suggestions or feedback, is not confidential and is the sole property of PUT. PUT shall own all rights to any intellectual property arising out of such communications, and shall be entitled to the unrestricted use or and dissemination of same for any purpose. Be entering this Agreement you consent to PUT using these communications without the need for acknowledgment or compensation to you.
You are responsible for all text, messaging, data or other charges associated with any communications sent/received by you through Haultail®, including to/from other Users.
9. Your Information
Your information (the "Information") is any information you provide, post or publish to or through your use of Haultail® (including profile information) or send to other Users (including "feedback" submitted through Haultail® or information posted to social media).
You agree to maintain accurate, current and complete Information and that we and others may rely on your Information as such.
PUT does not own your Information. By using Haultail®, you grant PUT a non-exclusive, world-wide, perpetual, irremovable, royalty-free, transferable, sub-licensable right and license to exercise any and all rights to your Information (including but not limited to copyright, publicity, and database rights). You hereby consent to PUT using the Information, including PUT's right to perform, display and distribute such Information for any purpose related to PUT's business, either directly or indirectly.
You agree to not provide Information or other User content which is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PUT in its sole discretion, whether or not such material may be protected by law. PUT may, but shall not be obligated to, review, monitor, or remove Information or other content, at PUT's sole discretion and at any time and for any reason, without notice to you
10. Promotions and Referral Programs
PUT may, in its sole and absolute discretion, make available to certain Users or prospective Users, various promotions and referral programs. Unless made to you, these promotions create no rights, and have no bearing (of any kind) on your Agreement with PUT. PUT reserves the right to withhold or deduct credits or benefits if PUT determines that the conveying of such promotion or benefit on you was done in error, or in violation of the applicable promotion terms or this Agreement.
As part of your Customer account, you may receive a unique code (composed of some combination of letters, numbers and/or symbols) for you to distribute to anyone you deem fit, including other Users and prospective Customers or Drivers. You may only distribute these codes for promotional purposes and they must be given away for free. You are prohibited from selling, bartering or otherwise profiting in any way from these codes and you may not publish/advertise any codes related to Haultail® in any manner or form, including on social media such as Facebook, Twitter or Instagram.
PUT reserves the right to suspend or terminate any codes for any reason it sees fit and in its sole and absolute discretion.
From time-to-time, PUT may offer you incentives for referrals of new Users (the "Referral System"). These incentives may come in the form of Haultail® credits or otherwise. Any such incentive or referral offered to you will be subject to the terms, restrictions and requirements stated therein. Your participation in the Referral System is subject to this Agreement and any additional Referral System rules published on Haultail® or included with the offer.
11. Restricted Activities
With respect to your use of Haultail®, you agree that you will not:
a. Violate any local, state or Federal laws;
b. Infringe on any third party's rights, including but not limited to intellectual property rights or rights of publicity or privacy;
c. Impersonate any person or entity;
d. Stalk, threaten or harass any person or entity, including Customers or Drivers;
e. Post, email or otherwise transmit to PUT or any other person or entity any malicious code, files or programs designed to interfere with, damage or destroy any computer software or hardware of any person or entity;
f. Intercept any communications or other data, including User Information;
g. Copy or otherwise attempt to "mirror" Haultail®, including the sale, lease or license of any portion of Haultail®, without PUT's prior written authorization, or use meta tags or code or other devices intended to direct any person or entity using Haultail® to a different website for any purpose;
h. Utilize robots, spiders or search retrieval applications or any other type of manual or automatic device to data mine or in any way reproduce Haultail®;
i. Transfer or sell your Customer account to any other person or entity;
j. Discriminate or harass any person on the basis of race, national origin, religion, gender, gender identify, physical or mental disability or conditions, marital status, age, or sexual orientation; and/or,
k. Cause or encourage any third party to engage in any of the foregoing conduct.
12. Intellectual Property
Any and all intellectual property rights associated with Haultail® are solely and absolutely owned by PUT in their entirety. This includes copyright, database, design, trademark, patent and other similar rights worldwide. All other trademarks (or service marks), logos, company names or product names otherwise appearing in Haultail® are the property of their respective owners. Your use of Haultail® grants you no rights in any intellectual property of PUT or any other party unless otherwise expressly set forth in these Terms
This Agreement is effective upon your creation of a Customer account and acceptance of these Terms. This Agreement may be terminated by either a Customer or PUT at any time for any reason.
The following disclaimers are made on behalf of PUT, our affiliates, subsidiaries, parents, successors, and assigns, together with our officers, directors, employees, agents and shareholders:
· We cannot control the quality or safety of the transportation that occurs as a result of the Services and shall not have any liability to a Customer unless otherwise expressly provided for in these Terms.
· Use of Haultail® is provided on an as-is basis and without any warranty or condition, express, implied or statutory other than as expressly stated in these Terms. We do not guarantee or promise any specific result unless otherwise expressly stated, including the ability to provide or receive Services at any given time or in any given location. We do not warrant that use of Haultail® will meet your requirements or be error-free, uninterrupted or reliable.
· We disclaim liability for, and make no warranty respecting, connectivity or the availability of Haultail® or the Services.
· We also specifically disclaim, to the extent permitted by law, any and all implied warranties, such as title, merchantability and fitness for a purpose. If your local or state law prohibits such disclaimer, this shall not apply to you.
· We disclaim all liability arising out of your misuse of your Customer Account. To the extent that you believe that there has been unauthorized use of your account, you agree to notify us immediately, but in no event less than thirty (30) days after receiving a charge which you suspect is unauthorized.
· We disclaim any liability for the acts or omissions of other Customers, including unauthorized users.
· You may not rely on any statements not directly made by us relating to Haultail® or the Services and under no circumstances can you hold PUT liable for your reliance on such statements. We reserve the right, in our sole and absolute discretion, to monitor information shared by others through Haultail® and to remove any material that, in our opinion, violates the law, this Agreement or which is offensive, illegal or which constitute threats to others.
· PUT is not responsible for data charges you incur from your use of the Services, and you are solely responsible for any and all charges, including text message fees.
· To the extent you purchase Haultail® through a third-party provider, such as the Apple Store, Google Play Store, or android Market, you agree by entering into this Agreement that the third-party provider (e.g. Apple, Inc.), is not a party hereto and this Agreement creates no rights in you or any other person against that third-party. Be entering into this Agreement you permit such third-party provider, as a third-party beneficiary, to enforce these Terms. This Agreement incorporates by reference all the terms of any third-party "End User License Agreement" for purposes of which You are the end-user. In the event of a conflict between that agreement and this Agreement, the terms of this Agreement shall control.
· While PUT will seek to establish that its Drivers are vetted, qualified and drive pickup trucks that are owned and insured by the named Driver, including driving and criminal background checks, we cannot be held responsible for any Driver's conduct and/or misrepresentations or failures to disclose pertinent information or his/her failure to maintain insurance.
· We cannot guarantee that each Customer/Driver is who he or she claims to be. Please utilize Haultail®, including information provided to you, to ensure that each Customer/Driver is the proper person, including looking at photos of the Customer/Driver or confirm license plate information.
· We disclaim liability for dealing with underage persons or people acting under false pretense. We disclaim all responsibility or liability for any content, communication or other use or access of Haultail® by persons under the age of 18 in violation of this Agreement.
15. State and Local Disclosures
Certain jurisdictions may require additional disclosures to you. You may view any such disclosures by clicking on this link here State/Local Disclosure Page. We will update these disclosures as necessary to incorporate changes to the required disclosures. Please check this regularly.
You agree to indemnify and hold harmless PUT, its affiliates, subsidiaries, parents, successors and assigns, including each entity(ies) past and present officers, directors, employees and agents, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of Haultail® or the Services including: (1) your breach of this Agreement; (2) your violation of any local, state or Federal law or regulation; (3) your violation of the rights of any third parties; (4) allegations that any submission or information provided by you infringes on any intellectual property rights of any third party; (5) any other activity connected with your use of the Services. This indemnity shall be limited only by the willful misconduct of an indemnified person, and shall not be limited by the negligence of any indemnified person.
17. Limitation of Liability
In no event will PUT, or any of its affiliates, subsidiaries, parents, successors or assigns, and each of our respective past and present officers, directors, employees, agents, or shareholders (collectively "PUT" for purposes of this section) be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with your use of Haultail®, the Services or this Agreement, however arising, whether through negligence or if such damages were reasonably foreseeable or otherwise known to PUT, or if PUT had been advised of the possibility of such damages. You may use Haultail® and the Services, including Delivery or Demo Collection, or other services developed in the future, but you agree that PUT has no responsibility or liability to you related to any transportation, good or other services unless expressly set forth in these Terms.
NOTE: certain jurisdictions may not allow the exclusion of damages set forth in this section. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations, may not apply to you and you may have additional rights. PUT makes no representations or warranties related to those rights or their applicability to you or your use of Haultail®.
18. Mediation / Arbitration Clause
In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association ("AAA") under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
In the event of arbitration, the number of arbitrators shall be one. The place of arbitration shall be Boston, Massachusetts. Massachusetts law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court in Suffolk County, Massachusetts.
If the Parties are not able to agree upon the selection of an arbitrator within thirty (30) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the case administrator assigned by the American Arbitration Association. The arbitrator shall have at least ten years of experience conducting arbitrations governed by applicable AAA Rules.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
Each party shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association.
Class action lawsuits, class-wide arbitrations, private attorney-general actions (including but not limited to the Private Attorneys General Act of 2004, California Labor Code §2698, et seq., and any other proceeding where someone acts in a representative capacity are not allowed (other than an action by an estate representative of an individual), nor is combining individual proceedings without the consent of all parties. Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability revocability or validity of the restrictions in this paragraph may be resolved only by a civil court of competent jurisdiction and not an arbitrator. If any provision of this paragraph is found unenforceable or unlawful for any reason, the remainder of this provision shall survive and the unenforceability of the specific portion of this provision shall not affect the overall enforceability of the requirements to submit disputes to mediation/arbitration.
In addition to the severability provision in Section 18, above, in the event that any portion of this Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Agreement shall be given full force and effect.
You agree not to use any technical, financial, strategic, or other proprietary and confidential information relating to Pout's business or operations, including User Information disclosed to you for any purpose other than as contemplated herein, nor disclose any such information to third parties without PUT's express written permission.
21. Governing Law
This Agreement shall be governed by Massachusetts law, without regard to choice of law principles.
You agree that PUT may assign any rights you may have in this Agreement in its sole discretion by providing you written notice thereof.
You agree that PUT may provide you notice by sending it to you through Haultail® or through the email or physical address you provide to PUT through the registration process. Unless otherwise state hereinabove, any notices to Haultail® must be submitted through Haultail® through our Help Center at email@example.com.
24. Other Miscellaneous Provisions
Headings are for reference only and shall not operate to limit, define or otherwise construe the scope or content of such section.
A party's failure to act with regard to any breach of this Agreement shall not constitute a waiver of any subsequent breach, even if a breach of the same provision.
This Agreement sets forth the entire agreement of the parties and supersedes all previous understandings and agreements, whether written or oral. This is an integrated agreement.
If you have any questions or concerns, please contact Customer Support through our Help Center at firstname.lastname@example.org.
When you share information with us, for example by registering for an activity, we use this information to provide better services at the activity to you and our partners.
Personal data is information you provide to PUT Corp., and can include names, postal addresses, telephone numbers, email addresses, credit card information, photographs, geo location and any other information relating to an individual. Personal data is also any information, including sound and image, relating to an identified or identifiable natural person taken during the course of any activity for which you registered.
PUT Corp., will provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, if PUT Corp. / Haultail® asks you for this information. We respect your privacy. You may opt-out of receiving communications from PUT Corp., remove your information from PUT Corps. active database, and choose to not receive future communications unrelated to our technology and services by contacting us. For communications from participating merchants and retailers, please check their respective opt-in/opt-out policies.
PUT Corp. is responsible for the collection and processing of personal data made available by customers, drivers and other users registering to utilize the Haultail® marketplace. PUT Corp. will specify clearly what data is collected, the means of data processing and purpose for which data will be used.
n the course of managing the Services, PUT Corp. collects and processes the certain personal data necessary for the registration of a customer in said Services. This includes the following types of information from users of our technology and services:
Information About You. When you register for any of our services, we collect a wide variety of information about you. Some personal data is obligatory and, in case of lack or insufficiency of such data, PUT Corp. will not be able to make available the Haultail® services. In each case, PUT Corp. will inform customers of the mandatory nature of the provision of personal data in question. In no case will the data collected be used for any purpose other than that for which was given the consent of the data subject.
Purchase Information. To process charges for services, we may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described herein related to the Services.
Any financial transactions for Services will be processed by OmniFund, pursuant to their EU-US Privacy Shield Framework (see “Is Data Transferred to Third Parties?” below for more information).
E-mails and Telephone Calls. We require an e-mail address from you when you register for the Services. We use your e-mail for both transactional (e.g., order confirmation, refund and renewal processing, notifying of matches for our Singles service) and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labeled “Choice/Opt-Out”. We reserve the right to send you certain communications relating to the services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with the Services. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s), or ask to be removed from our contact list provided however that you cannot restrict our ability to contact you by telephone or text message(s) necessary for the fulfillment of the Services (as stated in the Terms and Conditions). We fully comply with the requirements of the U.S. CAN-SPAM Act.
PUT Corp. collects data through its website and/or mobile app with the consent of its users and customers. As a rule, personal data is collected when someone signs up for services either as a customer or driver. Data may be collected by and through any of the following actions:
Log Files. Any time you visit any of our websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.
Web Beacons. “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any of your personal information.
Mobile Analytics . We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any of the personal information you submit within the mobile application.
Mobile Device If you use a mobile device to access our site or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address.
Online Survey Data. We may periodically conduct voluntary user surveys. We encourage our users to participate in such surveys because they provide us with important information regarding the improvement of our services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any PII, and all responses are anonymous.
Geo-Location Information. Each time when signing into the app and checking the consent box allowing you to use the mobile service on your mobile device to access our service, we collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address. We collect your geolocational information only upon your consent in order to track orders entered into our system by you in order to fulfill the peer-to-peer delivery and maintain quality assurance of the service being rendered.
Push Notifications. We send you push notifications if you choose to receive them for notifying you of updates regarding our Services. If you wish to opt-out from receiving these types of communications you may turn them off at the device level other than push notifications necessary to facilitate the fulfillment of Services.
In general, the personal data collected is intended for the management of contractual relations, the provision of contracted services, the adaptation of services to the client's needs and interests, information and marketing actions, as well as the inclusion of the customer in the subscriber lists. When you submit the data, you will be given information on how we will use your data for a specific activity.
The data subject is guaranteed the right to access, update, rectify or delete their personal data at any time from PUT Corp. servers, as well as the right to oppose PUT Corp. or limit the use of data provided for marketing purposes, sending information communications or inclusion in lists or information services when submitting the information for an activity. If you have not done so when submitting data, send a written request to PUT Corp., 1500 District Ave, Suite 2109, Burlington, MA 01803 or through the email address email@example.com.
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
Because many users tend to use our service on a repeat basis, we retain your personal information for continued service and convenience purposes until user advices otherwise and not to do so. Notwithstanding the foregoing, we may retain personal information in order to comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce our Terms and Conditions of Service or other agreements, or for any other legally permissible purpose.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information except to trusted third parties who assist us in operating our website, mobile app and marketplace, for the conduct of our business, or servicing you, so long as those parties agree to keep this information confidential. Any Personal Data which may be transferred to our client or service providers for any activity shall be done via encrypted services to ensure the protection of your information. We require our third party providers to agree to our data protection provisions in all of our service contracts.
It is usual for PUT Corp. in the scope of its activity, to proceed with the data collection process through the engagement of contracted entities. The provision of these services implies that these entities have access to the data transmitted in the registration processes.
PUT Corp. takes the precautions to ensure that entities with access to the data are reputable and offer the highest guarantees at this level and therefore the processing of the data provided will be duly safeguarded.
All financial transactions related to any Services for PUT Corp.’s clients will be done through OmniFund which complies with the more stringent EU-US Privacy Shield regulations.
For more information, see: https://omnifund.com/privacy-policy/
Thus, any entity under contract with PUT Corp. that will collect, store, or process personal data on behalf of PUT Corp. customers will be required to take the necessary technical and organizational measures to protect personal data against accidental, unlawful destruction, accidental loss, alteration, dissemination or unauthorized access and against any other form of unlawful treatment.
In any case, PUT Corp. remains responsible for the personal data made available by its customers and users. Under legal terms, at all times, the customer is able to oppose the communication of data to third parties, namely for marketing purposes.
We do not share personal information with companies, organizations and individuals outside of PUT Corp. unless one of the following circumstances applies:
We will share personal information with companies, organizations or individuals outside of PUT Corp. when we have your consent to do so. We require opt-in consent for the sharing of any personal data.
Our age restrictions for different services are set forth in each applicable Terms and Conditions of Service. We do not target our sites or services to children under the age of 13, and in compliance with the Children’s Online Privacy Protection Act, any information we may receive from users we believe to be under the age of 13 will be purged from our database.
We work hard to protect PUT Corp. and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to PUT Corp. employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
We will share personal information with companies, organizations or individuals outside of PUT Corp. if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: a) meet any applicable law, regulation, legal process or enforceable governmental request; b) enforce applicable Terms of Service, including investigation of potential violations; c) detect, prevent, or otherwise address fraud, security or technical issues and d) protect against harm to the rights, property or safety of PUT Corp., our users or the public as required or permitted by law.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.