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MUVAL

Customer Terms and Conditions

TABLE OF CONTENTS

1.     These Terms  2

2.     Scope of Muval’s Services  2

3.     Platform    3

4.     Move Assist Services  5

5.     Muval Cover  5

6.     Ancillary Products and Services  5

7.     Our role and obligations  6

8.     Customer’s role and obligations  6

9.     Customer representations and warranties  7

10.       Fees and variations  7

11.       Payment  8

12.       Payment Agent  8

13.       Cancellations and refunds  9

14.       Our liability  9

15.       Your liability  11

16.       Trade Practices  11

17.       Mover Insurance  12

18.       Termination  12

19.       Jurisdiction  12

20.       Notices  12

21.       General provisions  12

22.       Interpretation  13

23.       Muval Glossary  13

Welcome to Muval – an online marketplace that matches Users seeking Mover Services (Customers) with Users offering Mover Services (Movers);

Muval Pty Ltd (ABN 12 611 512 559) and its related entities (Muval, we, our or us) provide the Platform and Services via the Site.  These Customer Terms and Conditions (Terms) govern the terms on which we provide the Platform and Services set out below to Customers (Customer, you or your).

These Terms must be read together with our:

        Website Terms of Use (available at: https://www.muval.com.au/terms-of-use)

        Privacy Policy (available at: https://www.muval.com.au/privacy-policy)

        Cookie Policy (available at: https://www.muval.com.au/cookie-policy)

        (if applicable) Cover Terms and Conditions (available at: https://www.muval.com.au/insurance-terms-conditions)

IT IS A CONDITION OF USE OF OUR PLATFORM AND SERVICES THAT YOU READ, UNDERSTAND AND AGREE TO EACH OF THE ABOVE.

All defined terms in these Terms have the meaning given in the Muval Glossary set out in clause 22 below.

1.                   These Terms

(a)                     These Terms, along with our Website Terms of Use, Policies and Cover Terms and Conditions (as applicable) together constitute a binding legal agreement between Muval (as provider of the Site and Services) and you (as a Customer) (Agreement).

(b)                     If you enter into this Agreement on behalf of another person or entity, then references in this Agreement to you will include you and that person or entity.

(c)                     We may vary these Terms (at any time and at our absolute discretion) by publishing the varied Terms on our Site, at which time they will become effective:

(i)                       for Users who communicate their acceptance of the amended Terms via the Platform, upon acceptance; and

(ii)                     for all other Users, 28 days after the amended Terms are published on the Site.

(d)                     If you do not agree to any changes to these Terms of the kind referred to in clause 1(c), then you should immediately cease using the Platform and Services. We recommend you check our Site regularly to ensure you are aware of our current Terms.

2.               Scope of Muval’s Services

Our Services comprise:

(a)                     the Platform (see clause 3);

(b)                     Move Assist Services (see clause 4);

(c)                     Muval Cover (see clause 5);

(d)                     any other products, services, features, contests or promotions offered by us from time to time (Ancillary Products and Services).

3.                   Platform

(a)                     Platform

Our Platform is a web-based platform supporting:

(i)                       the Muval online marketplace;

(ii)                     a directory of Users;

(iii)                   a matchmaking engine;

(iv)                    a booking and scheduling engine.

(b)                     Using the Platform

(i)                       A Customer may access the Platform via our Site and use it to submit a request for Mover Services by entering their contact information and Move Details. Customers may use Muval’s Inventory Calculator Tool to assist in estimating the capacity required for their Move, or they may enter their required capacity directly.

(ii)                     The Platform will match the Customer’s request with Movers who have indicated that they can provide the requested Mover Services and present the Customer with a list of Movers, available Move Dates, Quoted Prices for the Move, and the Movers’ terms and conditions.

(iii)                   To confirm a booking, the Customer must register their confirmation via the Platform and pay the Move Fee in accordance with clause 11.  Once confirmed:

(1)                    the Customer will be deemed to have made an offer to engage the Mover to provide the Mover Services in accordance with the Mover’s terms and conditions (Removal Contract);

(2)                    the Mover will be deemed to have accepted the Move in accordance with the Removal Contract when the Mover confirms the booking via the Platform, confirms the Move Dates and a confirmation message is sent to the Customer; and

(3)                    Muval will have rendered its Services to you.

(iv)                    If a Mover is unable to carry out a Move, then the Mover must give reasonable notice to the Customer and Muval. In such circumstances, Muval may assist the Customer with booking an alternative Mover. If the Customer does not wish to engage an alternative Mover, then the Customer’s sole remedy is to cancel the booking for the Move in accordance with clause 14.

(v)                     Once a Move is complete, each Customer is encouraged to provide feedback on their experience via the Platform.

(c)                     Local Moves  ‘Muval Easy Booking’ process

(i)                       On booking a local Move, you will be asked to provide your preferred dates for the Move via the Reserve Move button on the platform. Any dates you provide are requests only and any dates we provide are estimates only.

(ii)                     You will receive an email within 24-48 hours of submitting the request of the name and details of the allocated Mover which meets the Muval Approved Standard.

(iii)                   A Mover that meets the Muval Approved Standard will be a Mover that:

(1)                    will have received an average of at least 3.5 stars from previous customer reviews;

(2)                    has a moving rate of $75 per 30 minutes or a lesser dollar value per 30 minutes; and

(3)                    Muval has undertaken a background check on.

(iv)                    Alternatively, if you would prefer to select the specific Mover from the outset, you are able to do this via the “Choose my mover” option, rather than using the Muval Easy Booking feature. In this case, the booking process will be the same as the interstate booking process outlined in clause (d) below.

(v)                     You will have 48 hours from receiving the details of the allocated Mover to either cancel or notify Muval that you would like to select a different specific Mover via the Platform. For the avoidance of doubt, if no such request is made within 48 hours of receiving the Mover’s name and details, you will be taken to have accepted your allocated Mover.

(d)                     Interstate Moves - booking process

(i)                       On booking an interstate Move, you will be presented with a number of different Mover profiles which you will be able to compare in order to decide on your selected Mover. You can select the specific Mover by pressing the Send Booking Request button.

(ii)                     Once you have selected the Mover on the Platform, you will receive an email within 24-48 hours confirming whether or not the Mover has availability for your specific request.

(e)                     Mover Dates

(i)                       For both local bookings and interstate bookings, your Move Dates are not confirmed until the relevant Mover confirms the Move booking, and the Move Dates are communicated to you via a confirmation message.

(ii)                     In selecting your preferred dates for your Move, Customers should be aware that different payment obligations and refund rights apply to:

(1)                    bookings where the Customer’s Move Date falls within 5 days (inclusive) of the confirmation date (Short Notice Bookings); and

(2)                    bookings where the Customer’s Move Date falls on a date more than 5 days after the confirmation date (Standard Bookings),

as provided in clauses 10 to 13.

(iii)                   If the Move Dates confirmed for your Move are not suitable or otherwise differ from the dates you have requested, you can contact the Mover directly to see if alternate dates are possible and more suitable. If you and your Mover cannot agree on a Move Date that works for both parties, then your sole remedy is to cancel the booking for the Move in accordance with clause 13.

4.                   Move Assist Services

(a)                     Muval may provide Move Assist Services to Customers from time to time. The Move Assist Services may include:

(i)                       contacting Customers to obtain Move Details and answering Customer questions;

(ii)                     assisting Customers to tailor a service package for their Move, including sourcing a Mover to perform the Mover Services;

(iii)                   providing a quote for the Move;

(iv)                    monitoring the progress of the Move and providing the Customer with updates; and

(v)                     providing support services in relation to issues which arise during the Move.

(b)                     If, in the course of Muval providing Move Assist Services, a Customer books a Mover and pays the Move Fee, then Muval may enter the details of the Move into the Platform for the Customer. If we do, then the provisions of clauses 3 shall apply as if the booking, payment and Removal Contract were made via the Platform by the Customer themselves.

(c)                     Additional or alternative terms and conditions, including fees and charges may apply to our Move Assist Services. These will be provided with any quotation for such services.

5.                   Muval Cover

If you elect to purchase insurance for your Move from Muval Cover Pty Ltd, then the Cover Terms and Conditions (available at: https://www.muval.com.au/insurance-terms-conditions) will apply in addition to these Terms in relation to those Services.

6.                   Ancillary Products and Services

(a)                     Muval may offer Ancillary Products and Services from time to time.

(b)                     Additional or alternative terms and conditions, fees and charges may apply to our Ancillary Products and Services. These will be provided to you at the time those Ancillary Products and Services are made available.

7.                   Our role and obligations

(a)                     Muval’s role is that of an independent provider of the Platform and Services.

(b)                     In respect of this role, Muval disclaims all responsibility and liability including but not limited to and for:

(i)                       acting as, or on behalf of, any User, except as specifically required to process payment;

(ii)                     any aspect of interactions between Users;

(iii)                   the use of, accuracy of, or any estimates or quotations made using, the Inventory Calculator Tool;

(iv)                    acting as an intermediary between Users, or assisting or involving itself in any dispute between Users, but we may elect to do so (at our absolute discretion) to improve User experience;

(v)                     the capacity of Users, including the ability of Movers to perform Mover Services and the ability of Customers to pay for Mover Services; or

(vi)                    the accuracy of any information provided by Users.

8.                   Customer’s role and obligations

(a)                     In using the Platform and Services, you must:

(i)                       be eighteen or older;

(ii)                     comply with the terms of this Agreement and all applicable laws and regulations;

(iii)                   act courteously and not in an inflammatory, harassing, defamatory or abusive way towards Muval staff or any other User;

(iv)                    ensure that all information which you submit via the Muval Platform is accurate and kept up to date, and is not:

(1)                    potentially or actually harmful to Muval, any User or any other person;

(2)                    false, misleading or deceptive;

(3)                    fraudulent;

(4)                    used in any way that infringes on any proprietary or intellectual property rights; or

(5)                    in breach of any applicable law.

(b)                     You are solely responsible for your choice of Mover and your obligations under any applicable Removal Contract.

(c)                     Muval may, at our absolute discretion, refuse to allow any person to access the Platform or Services, and may cancel or suspend any existing User’s access to the Platform or Services, at any time. 

9.               Customer representations and warranties

You represent and warrant that:

(a)                     you are at least eighteen years old;

(b)                     you have the legal right and capacity to enter into a legally binding agreement with us on your own behalf (or on behalf of the person or entity you represent, as applicable); and

(c)                     any information which you have provided or will provide to us or via the Platform is true and accurate in all material respects.

10.                Fees and variations

(a)                     Quoted Price

When you confirm your booking, we will provide you with the estimated total price of your Move calculated based on pricing information that the Mover has provided to Muval and the Move Details that you have provided to Muval (excluding any transaction fees charged by Muval’s third party payment services providers as set out in clause 10(c) below) (Quoted Price).

(b)                     Move Fee & Service Fee

The Move Fee is the confirmed fee payable for your Move. The Move Fee may vary from time to time from the estimated Quoted Price.  Our Service Fee is charged to Movers on confirmation of a Move booking.

(c)                     Payment Service Provider Fees

In order to accept payment, Muval may engage third party payment service providers. These providers may charge transaction fees, depending on the payment method you choose. Any such fees will be displayed on the booking confirmation page.

(d)                     Variations

The total Move Fee ultimately payable for your Move may differ from the Quoted Price provided to you upon booking confirmation. This may be due to a variation or adjustment made in accordance with the terms of your Removal Contract (a Variation).

A Variation may occur, for example, if:

(i)                       the volume of items to be moved does not match the estimate provided by you or the Inventory Calculator Tool; or

(ii)                     access to the items to be moved is made difficult by steep staircases or driveways.

If your Mover identifies that a Variation to the Quoted Price is required, your Mover will give their reasons for why the Variation is required. Then, you will be asked to approve the proposed Variation.

If you approve a Variation raised by your Mover and have communicated this approval, then any resultant increase or decrease in the Move Fee will be applied accordingly.

(e)                     Muval makes no representations, warranties or guarantees regarding any Variations to, the Move Fee. You are solely responsible for:

(i)                       ensuring that you provide complete and accurate Move Details to Muval and your chosen Mover; and

(ii)                     understanding and confirming the terms of your Removal Contract with your chosen Mover.

(f)                      Unless otherwise stated, all amounts set out in these Terms or on the Platform are inclusive of GST.

11.                Payment

(a)                     Different payment obligations will apply to a Move, depending on whether you have made a Standard Booking or a Short Notice Booking.

(b)                     On the confirmation of a Standard Booking, you authorise Muval to process payment of:

(i)                       the Deposit – at the time of booking confirmation;

(ii)                     the balance of the Move Fee  – on the date which is 5 days before your Move Date; and

(iii)                   any Variation – within 10 days of Muval’s receiving written notice of the Variation.

(c)                     On the confirmation of a Short Notice Booking, you authorise Muval to process payment of:

(i)                       the Move Fee  – at the time of booking confirmation; and

(ii)                     any Variation – within 10 days of Muval receiving written notice of the Variation.

(d)                     By using any payment method or providing payment details to pay for a Move, you represent and warrant that:

(i)                       you are legally authorised to use such payment method and provide such information, and that all information provided is accurate, complete and current;

(ii)                     if you are acting on behalf of a person or entity that controls the payment method, you are authorised by that person or entity to use the payment method; and

(iii)                   you have read, understand, and will comply with the terms and conditions of the third-party payment service provider which is processing your payment.

12.                Payment Agent

Each Customer acknowledges and agrees that, notwithstanding the fact that Muval is not a party to any Removal Contract, Muval acts as each Mover’s payment collection agent for the limited purpose of accepting payments from Customers on behalf of the Movers. Upon a Customer’s payment of the funds to Muval, the Customer’s payment obligation to the Mover for the Move Fee is satisfied, and Muval is responsible for remitting the funds successfully received by Muval to the Mover in the manner described in these Terms. In the event that Muval does not remit any such amounts, the Mover’s will have recourse only against Muval and not the Customer directly.

13.                Cancellations and refunds

(a)                     This clause 13 governs the terms on which Muval may refund all or part of the Move Fee, following cancellation of the Removal Contract applicable to that Move.

(b)                     The rights and obligations arising from the cancellation of a Removal Contract (including refunds of amounts paid under that agreement) will be governed by the terms of the applicable Removal Contract, except to the extent that they are inconsistent with these Terms.

(c)                     Other than as specifically set out in these Terms, and subject to your rights under any Non-Excludable Conditions, all fees and charges payable under these Terms are non-cancellable and non-refundable.

(d)                     Customer Cancellations

(i)                       If you have made a Standard Booking and cancel your Removal Contract:

(1)                     within 48 hours of the booking confirmation; or

(2)                    at least 21 days before the applicable Move Date,

then Muval will provide reasonable assistance to you to recover a refund of the Move Fee from the Mover.

(ii)                     If you have made a Short Notice Booking and cancel your Removal Contract, then the Move Fee is non-refundable.

(e)                     Mover Cancellations

(i)                       If your selected Mover:

(1)                    accepts the Move through the Platform, then cancels or fails to perform a Removal Contract; or

(2)                    fails to accept the Move through the Platform after reasonable attempts by Muval to contact them; or

(3)                    is not contactable to facilitate your Move after reasonable attempts to contact them,

and,

(ii)                     Muval is satisfied, at our absolute discretion, that the Move Fee should be returned to you,

then Muval will provide reasonable assistance to you to recover a refund of the Move Fee from the Mover.

14.            Our liability

To the maximum extent permitted at law:

(a)                     Muval disclaims all implied warranties, including warranties of title, merchantability, fitness for a particular purpose, due care and skill and non-infringement;

(b)                     Muval disclaims all liability for loss or damage (actual, special, direct, indirect and consequential) of every kind and nature whatsoever and howsoever caused or arising, including but not limited to loss or damage caused or arising from an authorised or unauthorised act or omission, contemplated or uncontemplated act or omission, known or unknown act or omission, negligence, breach and fundamental breach of contract, lack of fitness for purpose or otherwise related to or connected with:

(i)                       the supply of the Platform or Services or your suspension from access to the Platform or services;

(ii)                     any transaction of any kind between Customers and Movers, including in relation to the terms of, performance or non-performance of, payment under, or liability arising from the Removal Contract;

(iii)                   any transaction of any kind between a Customer and any third party; or

(iv)                    any damage of any kind to property, or personal injury, caused or incurred by any User or third party.

(c)                     Muval disclaims all liability for indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings) relating to the Platform or Services;

(d)                     In all cases where liability cannot be excluded by this agreement as provided herein because of mandatory applicable statute or law,  Muval’s liability to any User of any Service is limited to the total amount of payments made by that User to Muval during the twelve-month period prior to any incident causing the liability of Muval, or $100, whichever is greater;

(e)                     Muval’s liability to any User in relation to a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred; and

(f)                      Muval shall not be liable to any User for any delay or non-performance of our obligations under our Agreement arising from any cause beyond our control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion.

(g)                     It is hereby agreed between the Customer and Muval that their right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:

(i)                       Any claim by the Customer for loss or damage must be lodged in writing to Muval within 7 days of the date the Move or the Services are completed, whichever date occurs first;

(ii)                     Any claim by the Customer for loss/non-delivery of Goods must be notified in writing to the Company within 60 days from the date the items subject of the Move should have been delivered or the Services should have been completed, whichever date occurs first;

(iii)                   Any right to any legal remedy by the Company or the Customer against the other shall be extinguished unless legal proceedings are brought against the other within 9 months from the date of this contract.

15.                Your liability

To the maximum extent permitted at law, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of, or in any way connected with:

(a)                     your use of the Platform or Services;

(b)                     your breach of these Terms;

(c)                     your breach of a Removal Contract; or

(d)                 your breach of any applicable laws.

16.            Trade Practices

             (a)      These terms do not affect the Customer’s rights pursuant to Schedule 2 of the Competition & Consumer Act 2010 (Cth)(“CCA”) including when the Customer is a “Consumer” or a “Small Business” (where this agreement is a “Small Business Contract”) – all quoted terms as defined under the CCA.  To the extent that any term or a part thereof is rendered inapplicable or void by the CCA or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.

(b)         If the Customer is a “Consumer” or “Small Business”  as defined under the CCA, the Company and Customer agree that:

(i)                  the Company’s rights to exclude, limit and/or otherwise restrict its liability in Clause 14 above as is custom in the trade are reasonably based on a low-cost rate service and that if the Customer does not choose to proceed on this basis, it can seek the services of an alternative service provider for the Move.
  

(ii)                 the Customer’s liability referred under Clause 15 above will not apply to the extent that the claim, loss, damage, payment, expense, cost or other liability incurred by the Company resulted from the negligence, recklessness or wilful act of the Company, its servants or agents.

 

(iii)               The Company’s right to exclude liability for indirect or consequential losses referred in Clause 14 (b) above will not apply in circumstances where the Company, its servants or agents actually knew that such loss or damage could be incurred.

17.                Mover Insurance

Muval requires all Movers to hold goods in transit insurance and public liability insurance covering the Mover and its staff and contractors in all regions and locations that the Mover providers Mover Services, as a condition of providing Mover Services via Platform. However, Muval does not represent, warrant or guarantee that any particular Mover’s insurance covers any particular User or is adequate or appropriate for any Move.

18.                Termination

(a)                     Muval may at our absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you, suspend your access to the Platform or Services, and remove any content you have uploaded to the Platform.

(b)                     Termination of these Terms does not affect any Removal Contract that has been formed between Users.

(c)                     Clauses 8, 14, 15, 16, 17 this clause 18 and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.

19.            Jurisdiction

These Terms are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

20.            Notices

Except as stated otherwise, any notices must be given by email to support@muval.com.au.

21.                General provisions

(a)                     Entire Agreement: Each party has relied entirely on its own enquiries in entering into this Agreement and affirm that it contains the whole agreement between them, superseding all prior oral and written communications.

(b)                     Other Acts: Each party must:

(i)                       use its best efforts to promptly do all things reasonably necessary to give full effect to these Terms; and

(ii)                     obtain and maintain all consents, approvals and authorities necessary for any party to perform its obligations under these Terms.

(c)                     Severance: The provisions of these Terms are severable, and if any one or more provisions may be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall be binding and enforceable.

(d)                     Waiver: any failure by a party to enforce that party's rights under these Terms and any forbearance delay or indulgence granted by that party to any other party shall not be construed as a waiver of that party's rights under these Terms.

(e)                     Costs: Each party will pay their own costs in relation to these Terms.

 

22.            Interpretation

The following rules apply unless the context requires otherwise:

(a)                     headings are for ease of reference only and do not affect interpretation

(b)                     the singular includes the plural and vice versa, and a gender includes other genders;

(c)                     if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(d)                     a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;

(e)                     a reference to a clause or schedule is a reference to a clause of, or a schedule to, this document;

(f)                      a reference to an agreement or document is to the agreement or document (or schedule) as amended, varied, supplemented, novated or replaced, from time to time;

(g)                     a reference to a party to an agreement or document includes that party’s successors, permitted substitutes and permitted assigns (and, where applicable, that party’s legal personal representatives);

(h)                     a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;

(i)                       a reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing;

(j)                       a reference to dates and times are to those dates and times in New South Wales;

(k)                     a reference to “dollars”, “$” or an amount of money is to Australian currency;

(l)                       the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions; and

(m)                   a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it.

23.            Muval Glossary

In these Terms:

Agreement means the agreement between Muval and each Customer, comprised of these Terms, our Policies and other terms which may apply in respect of the specific Services which we provide.

Ancillary Products and Services has the meaning given in clause 2(d).

Customer means a User seeking Mover Services via the Platform.

Deposit means, in respect of a Move, a charge representing 30% of the Move Fee for that Move.

Inventory Calculator means the tool of that name available via the Platform.

Move means the removal, freight or transport of Customer property from one address to another, or otherwise as part of one job, undertaken by a Mover.

Move Assist Services has the meaning given in clause 2(b).

Move Date means the calendar date of the Move.

Move Details means the information required by the Mover to arrange the Move, including Customer contact details, pick-up and delivery addresses, volume and types of goods to be moved, preferred Move Date.

Move Fee means the Mover’s fees and our Service Fee in respect of a Move.

Mover means a User offering Mover Services via the Platform.

Mover Services means the provision of backload truck, rail or container space to move goods from one location to another, together with any other services offered by a Mover to facilitate a Move.

Muval Cover means insurance products and services offered via the Platform.

Non-Excludable Condition means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

Platform means the web-based platform of that name operated by Muval and described in clause 3.

Policies means our Privacy Policy, Cookie Policy and any other policy that we publish from time to time.

Quoted Price has the meaning given in clause 10(a).

Removal Contract has the meaning given in clause 3(b).

Service Fee means that part of the Move Fee that Muval charges a Mover as payment for the Services.

Services means the services set out in clause 2.

Short Notice Booking has the meaning given in clause 3(c)(ii).

Site means www.muval.com.au and any associated subdomains.

Standard Booking has the meaning given in clause 3(c)(ii).

Terms means these Customer Terms and Conditions.

Users means any users of the Platform and/or Services, including both Customers and Movers.

Variation has the meaning given in clause 10(d).

Last updated: 13th July, 2021