Terms of Service

These Terms of Service (“Terms”) govern access to and use of My ETA, including the My ETA mobile application, administration portal, public tracking pages, customer messaging features, APIs, integrations and related services (together, the “Services”).

My ETA is a trading name of OPTIM Limited, New Zealand company number 8376277. In these Terms, “My ETA”, “we”, “us” and “our” mean OPTIM Limited trading as My ETA.

By creating an account, accepting these Terms, purchasing credits, or accessing or using the Services, you agree to these Terms and our Privacy Policy.

If you use My ETA on behalf of a business or other organisation, you confirm that you have authority to bind that organisation. In that case, “you” and “your” include the organisation.

My ETA is a customer communication and arrival-tracking platform. Depending on the features enabled, the Services may allow organisations to:

• create, import and manage deliveries, moves, service visits, jobs or appointments;
• send customers transactional SMS notifications and tracking links;
• provide live or near-live arrival tracking and estimated arrival information;
• send automated milestone messages such as on-the-way, nearly-there and arrival notifications;
• send and receive service-related customer messages where two-way messaging is enabled;
• provide dispatch, driver and administrative users with operational job information; and
• connect My ETA with supported third-party systems and integrations.

You must provide accurate information when creating and maintaining an account. You are responsible for:

• keeping usernames, passwords and credentials secure;
• controlling who is authorised to access your organisation;
• assigning appropriate roles and removing access when it is no longer needed;
• ensuring your users comply with these Terms; and
• notifying us promptly if you believe an account or credential has been compromised.

Actions taken through your organisation’s authorised accounts may be treated as actions of your organisation.

Organisations using My ETA may provide customer names, phone numbers, email addresses, job details, addresses and other information needed to provide the Services (“Customer Data”).

You retain ownership of Customer Data. You give us the rights reasonably necessary to host, process, transmit and display Customer Data for the purpose of providing, securing and supporting the Services.

You confirm that you have the right to provide Customer Data to My ETA and to instruct us to process it. You are responsible for ensuring Customer Data is accurate, appropriate and lawfully collected.

Where privacy law distinguishes between a business deciding why personal information is processed and a service provider processing it on that business’s instructions, your organisation generally decides the purpose of customer communications and My ETA processes Customer Data to provide the Services, except where we process information for our own legitimate operational, security, legal or compliance purposes.

Standard My ETA customer messaging is designed for transactional and service-related communications connected to a current delivery, move, job or service.

Messages may include:

• confirmation that a driver, mover, technician or service provider is on the way;
• job, delivery or service status updates;
• live tracking links and estimated arrival information;
• nearly-there or arrival notifications;
• delays, changes or other information relating to the current service; and
• service-related two-way communication where that feature is enabled.

Unless separately approved by My ETA and permitted by applicable law and provider requirements, the Services must not be used for advertising, unsolicited marketing, prospecting, unrelated promotions, purchased contact lists or bulk promotional campaigns.

You must not add promotional content to a service message where doing so would cause the message to be treated as marketing or a commercial electronic message under applicable law.

Before a phone number is submitted to My ETA for messaging, your organisation is responsible for obtaining any consent, permission or other lawful basis required by applicable privacy, telecommunications, electronic-messaging and consumer laws, telecommunications providers and industry programme requirements.

Where consent is required, you must ensure it is clear enough for the recipient to understand the type of messages they are agreeing to receive and who is responsible for those messages. You must retain reasonable evidence of consent where required.

You are also responsible for any sender registration, short code, toll-free, application-to-person messaging, identification, content, recordkeeping and opt-out requirements that apply to your use of My ETA.

As part of onboarding or continued access to customer messaging, My ETA may ask your organisation to explain its consent process and provide an example of the wording or process used. You agree that:

• information you provide about your consent process will be accurate and not misleading;
• approval of your submitted process by My ETA is an operational review only and is not legal certification;
• approval does not transfer your legal responsibility for obtaining valid consent;
• you will retain underlying customer consent records where required; and
• you will provide further evidence reasonably requested for compliance purposes.

We may restrict, pause or suspend messaging where we reasonably believe your use creates a legal, carrier, recipient-protection, fraud, abuse or platform-compliance risk.

Recipients may withdraw consent or request that messages stop using supported methods, including replying STOP where available. Where supported, recipients may reply HELP for assistance.

You must not attempt to bypass an opt-out by using another number, account, sender identity or messaging provider. A recipient who has opted out may receive messages again only where a valid basis to resume messaging exists under applicable requirements.

Some opt-out, help and confirmation functions may be handled directly by our messaging provider or telecommunications network. Opt-out requests must be honoured as soon as practicable and within any applicable legal, carrier or programme time limit. Any confirmation message sent after an opt-out must be limited to confirming the request and must not contain promotional or marketing content. We may suppress or block messaging to numbers that have opted out.

Message frequency varies according to the delivery, move, job or service and the features used. Message and data rates may apply to recipients depending on their mobile provider and plan.

SMS and other electronic communications depend on telecommunications networks, messaging providers, the recipient’s device, network coverage and the accuracy of the contact details supplied. We do not guarantee that every message will be delivered, received, supported on every network or delivered within a particular period.

When tracking is active, the Services may collect and process the location of the relevant driver or device in order to provide live tracking, calculate estimated arrival information, update operational dashboards and trigger service-related notifications.

You are responsible for informing your drivers, employees and contractors about location tracking and obtaining any permissions required by law, employment arrangements or your own policies.

Tracking links are intended to provide temporary visibility relating to a particular job. You must not publish or misuse tracking links or location information for unrelated purposes.

All ETA, arrival-time, arrival-window, route, distance, location, status and dispatch information displayed or generated by My ETA is an estimate and is indicative only. My ETA calculates or displays this information using data available at a particular point in time, which may include device location data and information supplied by third-party mapping, routing or traffic services.

An ETA may become inaccurate or stale after it is calculated. My ETA does not guarantee that an ETA is continuously recalculated, refreshed or updated in real time. An ETA may not immediately reflect events that occur after it was calculated, including a driver stopping for a rest break, meal, toilet stop, fuel or charging stop; loading or unloading activity; an unscheduled stop or detour; a vehicle breakdown or mechanical issue; an accident; severe or unexpected traffic congestion; road closures; weather; emergency events; changes to the job; driver availability; GPS or device issues; loss of mobile coverage; delayed location updates; mapping or traffic-data delays; or any other operational circumstance.

A customer, dispatcher or other user may also continue to see an earlier estimate if a tracking page, dashboard or screen has not refreshed, if new location or traffic information has not yet been received, or if the user does not reopen, refresh or request an updated ETA. Users should therefore treat each displayed ETA as a snapshot estimate based on the information available when it was generated, not as a continuously guaranteed prediction.

Traffic and routing conditions can change suddenly and materially. A route that was predicted to be clear can later become congested or blocked, and a vehicle that was progressing normally can subsequently stop, divert or become unavailable. My ETA is not responsible for the actions, stops, delays, driving decisions, breakdowns or other operational circumstances of the organisation, its drivers, employees, contractors or vehicles.

An ETA or other predicted time shown in My ETA is not a promise, appointment time, service-level commitment, warranty or guarantee of arrival. This applies whether the estimate appears on a customer tracking page, in an SMS or other notification, in the My ETA administration portal, on a dispatch screen, on a live map, or anywhere else within the Services.

Customers, recipients, dispatchers and other users must not rely on My ETA information as a guaranteed time for safety-critical, emergency, medical, regulatory, contractual-cutoff or other time-critical decisions. Where an exact or updated arrival time matters, the relevant organisation should independently confirm the current position and circumstances of its driver or vehicle.

The organisation providing the delivery, move, job or service remains responsible for its operations and for any arrival commitments, appointment windows or other promises it makes to customers. A message, tracking page, dispatch display, ETA, map position or operational status generated by My ETA does not create a separate promise, commitment or guarantee by OPTIM Limited to the organisation, customer or recipient.

My ETA may connect with third-party booking, dispatch, CRM, moving, job-management or other systems. You are responsible for ensuring you are authorised to connect those systems and to provide any information transmitted through an integration.

Third-party integrations may change, fail or become unavailable for reasons outside our control. We may modify, suspend or discontinue an integration where necessary for security, legal, commercial or technical reasons.

If we provide API credentials, tokens or developer access, you must keep them secure, use them only for authorised purposes and comply with any technical limits or documentation we provide.

Some Services require prepaid credits, usage charges, subscriptions or other payment arrangements. Current pricing, included usage and applicable charges are shown in the Service, at checkout, on our website or otherwise agreed with you.

Unless otherwise stated, prices exclude applicable taxes. You are responsible for maintaining sufficient credits or a valid billing arrangement for paid features.

Prepaid credits are not redeemable for cash and are non-refundable except where required by law or expressly stated otherwise. We may offer trial credits, promotional credits or free usage at our discretion. Trial or promotional credits may expire, may be limited to evaluation use, have no cash value and may be withdrawn where we reasonably suspect abuse, fraud or repeated account creation.

If you enable automatic top-up or recurring payment, you authorise us and our payment provider to process payments according to the settings you select. You may disable an optional automatic top-up setting before the next charge takes effect.

We may change pricing prospectively. Where a price change materially affects an ongoing paid arrangement, we will provide reasonable notice where practicable. If you do not accept a prospective price change, you may stop purchasing or using the affected paid feature.

Each party may receive non-public business, technical, commercial or security information from the other (“Confidential Information”). Each party will use the other party’s Confidential Information only for the relationship contemplated by these Terms and will take reasonable steps to protect it from unauthorised use or disclosure.

Confidential Information does not include information that is public through no breach of these Terms, was already lawfully known without confidentiality obligations, is independently developed without use of the other party’s Confidential Information, or is lawfully obtained from another source without confidentiality restrictions.

A party may disclose Confidential Information where required by law, court order or regulator, and where lawful and practicable will give the other party reasonable notice.

You must not use My ETA to:

• send spam, unsolicited marketing or communications without an appropriate lawful basis;
• send unlawful, deceptive, fraudulent, abusive, threatening or harmful content;
• impersonate another person or business or misrepresent the sender of a message;
• circumvent opt-outs, sender-registration rules, credits, access controls or security measures;
• gain unauthorised access to another organisation, user, job, device or system;
• introduce malware or interfere with the availability, integrity or performance of the Services;
• reverse engineer, scrape or copy the Services except where applicable law expressly permits it; or
• use the Services in a way that creates unreasonable risk to My ETA, its providers, recipients or other customers.

We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. The Services may be unavailable because of maintenance, software faults, internet or telecommunications failures, third-party outages, security events or circumstances outside our reasonable control.

We may update, improve, replace or retire features from time to time. Where a material change is likely to significantly affect paying customers, we will take reasonable steps to provide notice where practicable.

Support is provided through the channels we make available. Unless expressly agreed otherwise, these Terms do not create a service-level agreement or guaranteed support response time.

The Services rely on third-party products and infrastructure, including telecommunications networks, SMS providers, cloud infrastructure, mapping services, payment providers, app stores and external software platforms.

Those services may be subject to their own terms, availability and operating requirements. We are not responsible for a third-party service being unavailable, inaccurate, delayed or changed where the circumstances are outside our reasonable control.

My ETA, its software, branding, designs, documentation and other intellectual property are owned by OPTIM Limited or its licensors. Subject to these Terms, we grant authorised users a limited, non-exclusive, non-transferable right to use the Services for their organisation’s operations.

You retain ownership of information and content you provide. If you voluntarily provide suggestions, ideas or feedback about My ETA, you permit us to use that feedback without restriction or payment, provided we do not identify you publicly without permission.

We handle personal information in accordance with our Privacy Policy and applicable law.

We use reasonable technical and organisational measures intended to protect information from unauthorised access, loss, misuse or disclosure. No internet-connected system can be guaranteed to be completely secure.

You are responsible for maintaining appropriate security over your own devices, users, credentials, integrations and systems.

My ETA provides communications and information to support your operations. You remain responsible for:

• the delivery, move, job or service being performed;
• your employees, drivers, contractors and subcontractors;
• customer service and communications;
• safe driving and workplace practices;
• the accuracy of information supplied to customers;
• obtaining necessary customer and worker permissions; and
• complying with laws and industry obligations that apply to your business.

My ETA does not become the carrier, mover, courier, delivery provider, technician, contractor or service provider merely because the Services are used for a job.

To the maximum extent permitted by law, the Services are provided on an “as available” basis. We do not warrant that the Services will always be available, be completely error free, provide perfectly accurate, current or continuously refreshed ETA, route, location, dispatch or status information, guarantee delivery of messages, or meet every particular operational requirement.

Nothing in these Terms excludes any rights, guarantees or remedies that cannot lawfully be excluded.

To the maximum extent permitted by law, neither party is liable to the other for indirect, consequential, special or incidental loss, or for loss of profit, revenue, goodwill or business opportunity, arising from the Services.

Without limiting the previous paragraph, and to the maximum extent permitted by law, My ETA is not liable for loss, cost, claim or consequence arising from or relating to an inaccurate, outdated, stale, changed or delayed ETA, arrival time, arrival window, route, distance, location, dispatch or status display; a user relying on an earlier estimate without obtaining an updated estimate; a driver stopping, taking a break, refuelling or charging, detouring, becoming delayed or becoming unavailable; a vehicle breakdown or mechanical issue; traffic congestion, accidents, road closures, weather or other changing road conditions; delayed or missing GPS or device updates; temporary service interruption; delayed or undelivered third-party messages; or failures, delays or inaccuracies in third-party mapping, routing, traffic, carrier, internet or telecommunications services, except to the extent liability cannot lawfully be excluded.

To the maximum extent permitted by law, our total aggregate liability arising from or relating to the Services will not exceed the greater of: (a) the total amount paid by you to My ETA during the 12 months immediately preceding the event giving rise to the claim; or (b) NZD $100 if you have paid nothing during that period.

The limitations in this section do not apply to liability that cannot lawfully be limited or excluded, or to fraud or wilful misconduct by the party seeking to rely on the limitation. They also do not exclude liability for gross negligence to the extent applicable law does not permit that liability to be limited or excluded.

To the extent permitted by law, you will indemnify OPTIM Limited against third-party claims, regulatory penalties and reasonable external costs to the extent they result from:

• your unlawful or fraudulent use of the Services;
• content or messages sent by or on behalf of your organisation;
• your failure to obtain legally required customer consent or permissions;
• your material breach of applicable privacy or telecommunications obligations; or
• your material breach of these Terms.

This indemnity does not apply to the extent the claim resulted from our own negligence, unlawful conduct, fraud, wilful misconduct or material breach of these Terms.

We will take reasonable steps to notify you of a covered third-party claim and allow you reasonable involvement in its defence, provided this does not prejudice our legal or regulatory obligations.

My ETA is primarily supplied for business use.

New Zealand. Where you acquire the Services in trade for business purposes and the statutory requirements for contracting out are satisfied, including that it is fair and reasonable for the parties to do so, the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Services.

Australia. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other mandatory Australian law that cannot lawfully be excluded, restricted or modified. These Terms are intended to operate subject to protections relating to unfair contract terms in standard-form consumer and small-business contracts where those protections apply.

United States and other jurisdictions. Nothing in these Terms excludes rights or obligations under mandatory federal, state or local laws that cannot lawfully be excluded by contract.

You may stop using My ETA at any time, subject to amounts already due and any separate agreement you have with us.

We may suspend or restrict access where reasonably necessary because:

• you materially breach these Terms and do not remedy the breach after reasonable notice where remedy is possible;
• required fees remain unpaid;
• your use creates a security, fraud, legal, carrier, recipient-protection or compliance risk;
• we are required to act by law, court, regulator, telecommunications provider or essential service provider; or
• immediate action is reasonably necessary to protect the Services, users, recipients or third parties.

Where practicable, we will give reasonable notice and an opportunity to resolve the issue before a non-urgent suspension or termination.

Termination or closure does not affect rights or obligations that arose before termination. Provisions that by their nature should continue — including payment obligations, confidentiality, intellectual property, liability, indemnities, dispute provisions and legal compliance obligations — continue to apply.

Subject to applicable law and our Privacy Policy, we may delete or de-identify account and operational data after closure in accordance with our retention practices. If you need an export of available business records, you should request it before closing your account where an export feature is not otherwise available.

Neither party is responsible for delay or failure to perform an obligation, other than payment obligations, to the extent caused by events outside its reasonable control. These may include natural disasters, fire, flood, earthquake, widespread internet or telecommunications outages, government action, war, civil disorder, labour disruption, cyber incidents affecting third parties, or failure of essential cloud, mapping, payment or messaging providers.

The affected party must take reasonable steps to reduce the impact and resume performance when reasonably possible.

We may update these Terms to reflect changes to the Services, law, telecommunications requirements or our business. The current Version and Effective Date are shown at the top of this page.

Where a change materially affects existing paying customers, we will take reasonable steps to provide additional notice before the change takes effect where appropriate. If a change materially disadvantages you and mandatory law requires a termination right, or we expressly offer one, you may stop using the affected Service.

Continued use of the Services after updated Terms take effect constitutes acceptance to the extent permitted by law.

We may send operational or legal notices to the email address associated with your organisation, through the My ETA admin portal, or by another reasonable electronic method.

Notices to My ETA relating to these Terms should be sent to support@myeta.co. A notice is treated as received when it is capable of being accessed, unless applicable law requires otherwise.

If a dispute arises, each party should first try in good faith to resolve it by contacting the other party and providing enough information to understand the issue.

Before starting court proceedings, other than for urgent injunctive relief, protection of confidential information or recovery of an undisputed debt, the parties will use reasonable efforts to allow at least 20 business days for senior representatives to try to resolve the dispute.

This section does not prevent either party from exercising rights under mandatory consumer, privacy, regulatory or telecommunications law.

Entire agreement. These Terms, the Privacy Policy, pricing presented to you, and any written order form or commercial agreement that expressly incorporates these Terms form the agreement between the parties about the Services. They replace prior discussions about the same subject matter.

Order of precedence. If a signed written agreement or order form between you and OPTIM Limited expressly conflicts with these Terms, that signed document prevails to the extent of the conflict.

Assignment. You may not transfer these Terms without our consent, except as part of a genuine sale or transfer of substantially all of your relevant business. We may transfer these Terms as part of a genuine restructuring, merger, financing or sale of the My ETA business, provided this does not materially reduce your rights.

Severability and waiver. If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue. A failure to enforce a provision immediately is not a waiver.

No partnership. These Terms do not create a partnership, employment relationship, fiduciary relationship, franchise or agency between the parties.

These Terms are governed by the laws of New Zealand. You and OPTIM Limited submit to the non-exclusive jurisdiction of the courts of New Zealand.

Nothing in this clause overrides mandatory legal requirements that apply to your use of the Services, including applicable telecommunications, privacy, consumer-protection or unfair-contract-term laws in the country or state where the Services are used.

OPTIM Limited trading as My ETA
New Zealand company number 8376277

Email: support@myeta.co
Website: myeta.co