Terms of Service

Last updated: [DATE] · Orlin Limited, NZBN 9429053657794

⚠️ DRAFT — needs a New Zealand lawyer before it is relied on.

This is a plain-English skeleton covering the right subjects, not a finished contract. The liability, Consumer Guarantees Act and data ownership clauses in particular are the ones that matter if something goes wrong, and they are exactly the ones that should not be drafted from a template.

1. Who these terms are between

These terms are an agreement between Orlin Limited (NZBN 9429053657794) and the business that subscribes to EveryStop. By using the app you agree to them.

2. What we provide

EveryStop is software for recording and sharing the operating knowledge of a delivery run — stops, access notes, hazards, delivery instructions and daily run sheets — and for showing that information to the drivers you authorise.

EveryStop is an independent product. It is not affiliated with, endorsed by, or connected to New Zealand Post, and it does not integrate with their systems. Nothing in the app changes your obligations under any delivery contract you hold.

3. Setup service

Getting a run into EveryStop is a separate, one-off paid service. What is included is agreed with you before work begins. It relies on you providing the information about your run, and on your reasonable availability to go through it with us.

[Deposit, cancellation and rescheduling terms — TO BE DECIDED]

4. Subscription and payment

EveryStop is charged as a subscription, priced by the size of your run.
[Billing period — monthly or annual]
[Payment method and provider]
[Notice period for price changes — 30 days is typical and fair]
[What happens on non-payment, and how much warning is given before access stops]

5. Your responsibilities

Keep your account details secure, and tell us if you think someone else has access.
Only give app access to drivers who are working on your run, and remove them when they stop.
Make sure the information you put into EveryStop is accurate, and that you are entitled to record it. This matters most for information about the people at your stops — see the privacy policy.
Use the app lawfully, and not to monitor employees beyond what is reasonable and disclosed to them.

6. Your data belongs to you

The run information you put into EveryStop remains yours. We do not claim ownership of it and we do not sell it. We hold and process it in order to provide the service to you.

You can ask for an export of your data at any time, including if you decide to leave. [Confirm the export format and how quickly it is provided.]

7. Availability

The app is designed to keep working without a mobile signal, so a loss of connectivity should not stop a run. Syncing between devices, and the parts of the service that run on our servers, do require a connection.

We do not promise uninterrupted service. We will give reasonable notice of planned maintenance where we can, and will not schedule it during normal delivery hours where it is avoidable.

8. Ending the agreement

You can cancel at any time. [State whether the remainder of a paid period is refunded.]
We may end the agreement for serious or repeated breach of these terms, with notice.
After cancellation, your data is retained for [PERIOD] so you can retrieve it, then deleted.

9. Liability

⚠️ Lawyer required. Two New Zealand-specific points that a generic template will get wrong:

Consumer Guarantees Act. You cannot contract out of the CGA against a consumer. You can, between businesses, where both are in trade and it is fair and reasonable — which requires specific wording, and your customers are businesses, so this is worth getting right.

What is actually being risked. If the app is unavailable or wrong, the realistic harm is a delayed or misdelivered run — not a trivial matter for a contractor under a delivery agreement. A blanket “we are liable for nothing” clause is both unenforceable and a poor thing to hand a customer you want to keep.

EveryStop is a tool to assist a delivery run. It does not replace the driver’s own judgement about access, safety or how a delivery should be made.

10. Changes to these terms

We may update these terms. If a change materially affects you we will give you notice before it takes effect.

11. Governing law

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction.

12. Contact

Email: samgraham@orlin.nz
Company: Orlin Limited, NZBN 9429053657794