Customer Terms and Conditions
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:
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 23 below.
(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.
Our Platform is a web-based platform supporting:
(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.
(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.
(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.
(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.
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.
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.
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.
(i) the Deposit – at the time of booking confirmation;
(ii) the balance of the Quoted Price – 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 Quoted Price – 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.
(c) On the confirmation of either a Standard Booking or Short Notice Booking Muval will invoice your employer for the Quoted Price, up to a Maximum of the Employer Contribution.
(d) Where the Employer Contribution is less than the Quoted Price, you must pay the balance to Muval as follows:
(i) for a Standard Booking – on the date which is 5 days before your Move Date; and
(ii) for a Short Notice Booking - at the time of booking confirmation.
(e) Where there is a Variation and the sum of the Quoted Price and Variation is less than the Employer Contribution and your employer has authorised Muval to invoice for Variations, then Muval will advise you and will invoice your employer for the Variation. In all other circumstances you will be responsible for the cost of the Variation and you authorise Muval to proceed this payment within 10 days of Muval receiving written notice of the Variation.
(f) You authorise Muval to provide information in relation to the Move, including Move Details and the Move Fee to your employer.
(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,
(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.
(e) Employer Contribution
(i) Any refund obtained under this clause that relates to an Employer Contribution will be refunded directly to your employer.
(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.
(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.
(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.
(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.
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).
Employee Relocation means a Move where your employer has an executed agreement in place with Muval under which your employer agrees to pay some or all of the Move Fee on your behalf directly to Muval.
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 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.
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.
Quoted Price has the meaning given in clause 10(a).
Removal Contract has the meaning given in clause 3(b).
Services means the services set out in clause 2.
Site means www.muval.com.au and any associated subdomains.
Standard Booking has the meaning given in clause 3(e)(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).