Log Ninja Terms Of Use

These Terms were last updated on 26 October 2023.

1. Introduction

1.1 Welcome to Log Ninja.

1.2 Please read these Terms carefully. When you apply for a Log Ninja Account, and each time you access or use Log Ninja, you confirm that you have read, understand and agree to these Terms in full. If you do not agree to these Terms, you must not create a Log Ninja Account (or, if applicable, you must cancel your Log Ninja Account) and you must not use Log Ninja.

1.3 Use of Log Ninja is free. No additional Log Ninja charges apply.

1.4 Capitalised words used in these Terms have a special meaning that is set out in the Dictionary section below (please see clause 10 below).

1.5 Log Ninja is operated by Road Ninja.

2. Application of these Terms

2.1 The terms and conditions applicable to your use of Log Ninja are set out in:

(a) these Terms;

(b) any Electronic Message (including on Log Ninja); and

in each case as amended by Road Ninja from time to time (together referred to as these Terms).

2.2 Road Ninja may update these Terms (or any part of them) at any time upon notice to you. If the update will have a material effect on your use of Log Ninja, we will notify you by Electronic Message. Any other updates may be notified by Electronic Message or by posting an updated version of these Terms on Log Ninja. The updated version of these Terms will take effect immediately upon such notice. By continuing to use Log Ninja, you will be deemed to agree to the updated Terms. You are responsible for reviewing these Terms regularly to ensure that you are aware of any updates.

2.3 These Terms apply specifically to Log Ninja. If you use Road Ninja, the Road Ninja Terms of Use for Users and drivers will apply (as published on Road Ninja Website).

2.4 The Log Ninja is intended for New Zealand residents only. If you are not located in New Zealand you are not permitted to use, and must immediately cease using, Log Ninja.

3. Log Ninja Accounts and Eligibility Criteria

Creating a Log Ninja Account

3.1 Before you use Log Ninja, you must create a Log Ninja Account by visiting and following the directions on Log Ninja.

3.2 You must:

(a) ensure that all information that you provide when you create a Log Ninja Account is accurate, up to date and not misleading; and

(b) if your information changes, update it through your Log Ninja Account via Log Ninja.

3.3 You must not register or use more than one Log Ninja Account. However, you may log onto your Log Ninja Account on multiple devices at any time.

3.4 We may verify your registration information and any updates to that information or additional information that you provide to us or authorise us to collect from time to time. You agree to provide all necessary information and provide all reasonable assistance that we may require in order to complete the registration and verification processes.

Eligibility for use

3.5 To use the Log Ninja, you must:

(a) hold a valid New Zealand drivers licence;

(b) be located in New Zealand when you use Log Ninja;

(d) have a valid (and, if required by us, verifiable) email address that is unique to you; and

(e) be using Log Ninja on your own account (and not on behalf of any other person).

3.6 You warrant that any licence and vehicle registration information that you submit to Log Ninja is accurate, up to date and not misleading and undertake to immediately update us if your licence and vehicle registration information changes.

3.7 We may decline, revoke or suspend your Log Ninja Account, and/or access to Log Ninja, at any time if (in our sole and absolute discretion) we are not satisfied that you comply with all of our eligibility criteria.

Authorised Representatives

3.8 You may determine who is an Authorised Representative and you are solely responsible and liable for your Authorised Representatives’ use of and access to Log Ninja using your Log Ninja Account.

3.9 If a person uses your Log Ninja Account, that person will be deemed to be you for the purposes of these Terms and that will not affect your obligations under these Terms. Road Ninja is under no obligation to check that any instruction or confirmation made through your Log Ninja Account is from you.

Suspending or closing your Log Ninja Account

3.10 You may request to close your Log Ninja Account by contacting us directly. We will implement your request and close your Log Ninja Account within a reasonable time, provided that there are no outstanding disputes or refunds relating to your Log Ninja Account.

3.11 We may close, or suspend, your Log Ninja Account at any time where we have reasonable cause to do so, including where:

(a) in our opinion you have breached these Terms or are not acting in good faith in connection with your use of Log Ninja; or

(b) we reasonably consider it necessary to do so in order to:

(i) protect the integrity of our systems or Log Ninja;

(ii) prevent fraud or a breach of any Applicable Law; and

(iii) otherwise protect us or any other person against any legal, regulatory or non-payment risk.

3.12 In any event, we may close your Log Ninja Account for any reason, upon giving you at least 30 days’ written notice.

3.13 If your Log Ninja Account is closed:

(a) if your most recent log entry is within the last twelve months, we will extract your Log Ninja Account data and email this to you as a bulk file – if we do so, you acknowledge that Waka Kotahi requires you to retain this data for twelve months from the date your account is closed; and

(b) we may retain a copy of your Log Ninja Account data, unless you request that we delete your data, in which case we will delete your data as requested, unless we consider it necessary to retain that information (for example, if we are legally required to keep that information for a minimum period);

(d) we may share your Log Ninja Account data with you (where requested) or any other party authorised by you or to whom we are required or authorised to disclose your data in accordance with applicable law or regulation (including Waka Kotahi NZ Transport Agency requirements).

Log Ninja requirements

3.14 Road Ninja may, from to time, impose new requirements or policies relating to Log Ninja, including to:

(a) change, suspend or discontinue any aspect of Log Ninja; and

(b) update general practices and limits concerning the use of Log Ninja.

4. Keeping your Log Ninja Account secure

4.1 Security of Log Ninja is very important to Road Ninja. However, Road Ninja cannot guarantee that Log Ninja will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept this risk, including, the risk that a third party may gain access to your Log Ninja Account.

4.2 You are responsible for ensuring that:

(a) you and your Authorised Representatives are the only persons that use your Log Ninja Account;

(b) your password is kept secure - for example, you must not tell anyone else your password (except any Authorised Representative) and your password must not be kept as a written or electronic record with or on your mobile device; and

4.3 Road Ninja personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your password or any other log-in information on that shared computer.

4.4 Road Ninja is not responsible for unauthorised access to, and use of, your Log Ninja Account, except to the extent that any unauthorised access to, or use of, your Log Ninja Account is caused by Road Ninja failing to comply with any security requirements that we have informed you, from time to time, Log Ninja complies with.

4.5 You must notify Road Ninja immediately, and request cancellation or temporary suspension of your Log Ninja Account, if the security of your Log Ninja Account is compromised, including due to:

(a) your mobile device being lost or stolen;

(b) your password and/or passcode becoming or likely to become known by another person; and/or

You must confirm that notification by email to Road Ninja within 24 hours.

4.6 You must cooperate fully with us to investigate any suspected unlawful, fraudulent or improper use of or activity on your Log Ninja Account.

4.7 We may enforce or implement any security measures it deems appropriate for Log Ninja at any time and may update and add security measures to Log Ninja at its discretion at any time.

5. Your obligations

General obligations

5.1 You represent, warrant and undertake to us (on a continuing basis) that:

(a) you will use Log Ninja in good faith and in compliance with these Terms;

(b) you will not:

(i) induce any other person to breach these Terms;

(ii) resell, license or make available Log Ninja to any third party, or otherwise commercially exploit Log Ninja;

(iii) use your Log Ninja Account or Log Ninja for any unlawful, fraudulent or improper activity;

(iv) use any technology (device, software or hardware) to damage, intercept or interfere with Log Ninja; or

(v) copy, modify or alter Log Ninja (or the underlying software).

Application terms

5.2 Your use of the Log Ninja application (App) is subject to the additional terms set out in the Schedule. For example, your use of the App is subject to the:

(a) Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html, if you access the App through the Google Play Marketplace, operated by Google; and

(b) terms of service of the App Store and iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html, if you access the App through iTunes or the App Store operated by Apple Inc.

6. Intellectual Property

6.1 Subject to clause 6.3, all Intellectual Property Rights (both current and developed) in Log Ninja and all data recorded on Log Ninja, including all software and content, are the sole and exclusive property of Road Ninja (or the relevant licensor of the Intellectual Property Rights, as the case may be). Except as expressly set out in these Terms, all rights, title and interest in and to such Intellectual Property Rights remain vested in Road Ninja (or the relevant licensor of the Intellectual Property Rights, as the case may be). You agree that you will not claim any ownership of, or infringe, any Intellectual Property Rights in Log Ninja, including all software and content.

6.2 Subject to compliance with these Terms, Road Ninja grants authorised Users a limited, non-exclusive, non-transferable, revocable, royalty free licence to access (including download) and use Log Ninja.

6.3 You retain a perpetual right to use all data that you or your Authorised Representatives record on Log Ninja, including any data that is extracted following closure of your Log Ninja Account.

7. Privacy Statement

You agree that we may collect, hold, use and transfer your personal information in accordance with the Log Ninja Privacy Statement.

8. Liability

8.1 To the extent permitted by law:

(a) your use of Log Ninja (including any guidance, resources and information that we may make available on Log Ninja from time to time) is at your own risk;

(b) Log Ninja is provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded;

(d) without limiting clause 8.1(c), Road Ninja will not be liable under or in connection with these Terms and/or Log Ninja (whether in contract, tort (including negligence) or otherwise), for any indirect, consequential, incidental, special or punitive damages, or for damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests; and

(e) for the purposes of section 5D of the Fair Trading Act 1986 (FTA), you and Road Ninja each acknowledges and agrees that, to the extent permitted by law, they are contracting out of sections 9, 12A and 13 of the FTA in respect of all matters covered by these Terms.

8.2 You acknowledge that the limitations on liability set out in clause 8.1 are fair and reasonable in the context of these Terms (including the fact that Log Ninja is made available at no charge).

9. General

9.1 These Terms are not intended to give rights to anyone except you and s, except as stated otherwise in the Schedule attached.

9.2 Road Ninja may provide general information on Log Ninja from time to time (including any guidance, resources, information and links to third party websites). Any such information is provided for general information purposes only. It is not intended to be a substitute for commercial judgement or professional advice and we do not guarantee that any information provided on Log Ninja is accurate, complete, up to date or suitable for your intended use.

9.3 Road Ninja may provide links to other websites on Log Ninja for your convenience and information. These websites are outside of our control and the provision of a link to a third party website does not imply our agreement or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.

9.4 If you link Log Ninja to your website, you must remove the link at our request.

9.5 These Terms are subject to the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand in respect of any claim under or in connection with these Terms and/or Log Ninja. However, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction.

9.6 The relationship between the parties is independent parties and nothing in these Terms is intended to create a relationship of employment, trust, agency, partnership, joint venture or any other fiduciary relationship between any parties. No party has authority to bind or incur debts on behalf of the other party.

9.7 These Terms constitute the entire agreement between you and us relating to Log Ninja.

9.8 A waiver of any breach of these Terms or any right, power or remedy under, or in connection with, these Terms (including a right of termination) is not effective unless that waiver is in writing and is signed by the party granting the waiver. A failure to exercise, a delay in exercising, or a partial exercise of, any right, power or remedy under, or in connection with, these Terms does not operate as a waiver of such right, power or remedy. A waiver of any breach is not, or is not deemed to be, a waiver of any other or subsequent breach.

9.9 These Terms (and a Log Ninja Account) is personal to a User and a User may not assign or transfer all or any part of its rights and obligations under these Terms.

9.10 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (f) “including” (and similar expressions) will be construed as “including, without limitation”; (g) Business Day means a day (other than a Saturday or Sunday) on which registered banks are open for general banking business in Auckland, New Zealand; and (h) the singular includes the plural and vice versa.

Contact Us

9.11 If you have any questions or requests relating to Log Ninja and these Terms, please contact us at log@roadninja.co.nz.

10. Dictionary

Applicable Law
means any law, regulation or rules (including the rules of any card association or other payment provider such as Stripe) applicable to Log Ninja.

Authorised Representative
means anyone that a User has authorised to use its Log Ninja Account on the User’s behalf.

Dispute
means any dispute arising under or in connection with these Terms.

Electronic Message
means a message sent by electronic means, including a “push” notification on Log Ninja, text message and/or email.

Log Ninja
means the Log Ninja application.

Log Ninja Account
means a Log Ninja Account created by a User, using Log Ninja.

Log Ninja Privacy Statement
means the Log Ninja Privacy Policy available on Log Ninja.

Intellectual Property Rights
means all current and future registered and unregistered intellectual property rights, including rights in respect of patents, trade marks, trade names, logos, designs, copyright, rights in each of know-how, confidential information and trade secrets and all analogous rights and pending applications.

Road Ninja, we, us, our
Road Ninja Limited (NZBN 9429030738102), and its successors and assignees.

Terms
has the meaning given to that term in clause 2.1.

User or you
means a driver who applies and/or is approved for a Log Ninja Account and, where applicable, any Authorised Representatives.

SCHEDULE: APP TERMS

1. Accessing the Log Ninja App through the Apple App Store

Acknowledgement: You acknowledge that the Terms are concluded between you and us, and not with Apple, Inc. You acknowledge that your use of Log Ninja is subject to the Apple Media Services Terms and Conditions as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the Apple Media Terms) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the Apple Media Terms, the Apple Media Terms shall take precedence.
Scope of Licence: Your licence to use Log Ninja is limited to use of Log Ninja on an Apple device that you own or control and as permitted in accordance with Apple Media Terms.
Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to Log Ninja.
Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to Log Ninja.
Product Claims: We acknowledge that we, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to Log Ninja or your possession and/or use of Log Ninja, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third party claim that Log Ninja or your possession and use of Log Ninja infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

2. Accessing the Log Ninja App through the Google Play Marketplace

You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html (the Google Play Marketplace Terms) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms shall take precedence.

3. When accessing the Log Ninja App through any other App store

You acknowledge that your use of the App may be subject to the terms of service of the relevant App store through which you access Log Ninja.