TABLE OF CONTENTS

1.      These Terms  2

2.      Scope of Muval’s Services  2

3.      Platform   3

4.      Assisted Booking Services  4

5.      Ancillary Products and Services  4

6.      Muval’s role and obligations  4

7.      Customer’s role and obligations  5

8.      Customer representations and warranties  6

9.      Pricing and quotations  6

10.        Our fees and payment 6

11.        Cancellations and refunds  7

12.        Our liability to you  7

13.        Your liability to us  8

14.        Insurance  8

15.        Termination  9

16.        Jurisdiction  9

17.        Notices  9

18.        General provisions  9

19.        Interpretation  10

20.        Muval Glossary  10

This website and its associated subdomains (Site) are owned and operated by Muval Pty Ltd (ABN 12 611 512 559) (Muval, we or us).

These Customer Terms and Conditions (Terms) govern your access to and use of the Muval Platform and Services as, or on behalf of, a Customer seeking removal services. These Terms should 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) and Cookie Policy (available at: https://www.muval.com.au/cookie-policy).

IT IS A CONDITION OF USE OF OUR PLATFORM AND SERVICES THAT YOU AGREE TO MUVAL’S CUSTOMER TERMS AND CONDITIONS, WEBSITE TERMS OF USE, PRIVACY POLICY AND COOKIE POLICY.

All defined terms in these Terms have the meaning given in the Muval Glossary.

1.                  These Terms

(a)                     These Terms constitute a binding legal agreement between Muval (as provider of the Site and Services) and you (as a Customer).

(b)                    If you enter into these Terms on behalf of another person or entity, then references in these Terms to "you" will include you and that person or entity. You represent and warrant that you are an authorised representative of that person or entity with the authority to bind them to these Terms, and that you agree to these Terms on the entity’s behalf.

(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 accept the amended Terms, upon acceptance; and

(ii)                     for all other Users, 28 days after the publication of the amended Terms.

(d)                    If you do not accept any changes to these Terms of the kind referred to in clause 1(c), then you should 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

Muval’s Services comprise:

(a)                     providing and operating the Muval Platform (Platform);

(b)                    any services we may offer or agree (at our absolute discretion) to provide in order to assist a Customer with scoping Move and booking a Mover (Assisted Booking Services); and

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

each as described in clauses 3 to 5 below.

3.                  Platform

(i)                       an online marketplace that matches Users seeking removalist services (Customers) with Users offering removalist services (Movers);

(ii)                     a User directory; and

(iii)                    a booking and scheduling engine.

(b)                    The process for using the Platform is as follows:

(i)                       A Customer may access the Platform via our Site and use it to submit a request for removalist services by entering their Move Details. Customers may use Muval’s Inventory Calculator to assist in estimating the required space needed for their Move.

(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 and Quoted Prices for the Move.

(iii)                    Once the Customer selects a Mover and valid Move Date, Muval will provide the Customer their selected Mover’s terms and conditions for review (if Muval has been provided with those terms and conditions). It is the responsibility of the Customer to confirm these with the selected Mover before proceeding with booking confirmation.

(iv)                   If the Customer wishes to confirm the booking of a Mover, the Customer must acknowledge confirmation via the Platform and pay Muval the Booking Confirmation and Service Fee in accordance with clause 10.

(v)                     Upon the Customer’s confirmation of booking and payment of the Booking Confirmation and Service Fee:

(1)                    the Customer will be deemed to have made an offer to engage the Mover to provide the Mover Services;

(2)                    the Mover will be deemed to have accepted the Customer’s offer when the Mover confirms the booking via the Platform and a confirmation message is sent to the Customer; and

(3)                    Muval has rendered its Services and is entitled to the Booking Confirmation and Service Fee as consideration for such Services.

(vi)                   Once both parties have confirmed acceptance, a contract is created between that Customer and the selected Mover on the terms and conditions agreed between the Customer and Mover (Removal Contract), and the parties must comply with the terms of that Removal Contract (including payment of the Mover’s Fees).

(vii)                  The Customer and Mover may agree to vary the terms of a Removal Contract, or terminate it, provided that to do so would not cause a breach of these Terms.

(viii)                Once the Move is complete, the Customer is encouraged to provide feedback via the Platform (if available) and third-party review services.

4.                  Assisted Booking Services

(a)                     Muval may, at our absolute discretion, provide Assisted Booking Services to a Customer who requests, or accepts an offer from Muval to provide, such services. The Assisted Booking Services may include:

(i)                       contacting the Customer to obtain Move Details and answer the Customer’s questions;

(ii)                     tailoring a service package for the Move, including sourcing a Mover to perform the Mover Services;

(iii)                    providing a quote for the Move;

(iv)                   processing payment;

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

(vi)                   assisting with issues which arise during the Move.

(b)                    If, in the course of Muval providing Assisted Booking Services, a Customer books a Mover and pays Muval the Booking Confirmation and Services Fee, then clauses 3(b)(v) to (viii) of these Terms shall apply as if the booking, payment and Removal Contract were made by the parties via the Platform.

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

5.                  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 such Ancillary Products and Services are made available to you.

6.               Muval’s role and obligations

(a)                         Muval’s role is that of an independent provider of:

(i)                       the Platform;

(ii)                     any Assisted Booking Services offered by Muval from time to time, on the terms and conditions applicable to those Assisted Booking Services; and

(iii)                    any Ancillary Products and Services offered by Muval from time to time, on the terms and conditions applicable to those Ancillary Products and Services.

(b)                         Muval does not:

(i)                       offer or provide removalist services;

(ii)                     act as a representative or agent of, on behalf of, or for the benefit of, any Customer, Mover or third party;

(iii)                    take any responsibility for any aspect of any interactions between Users;

(iv)                   take any responsibility for your use of, the accuracy of, or any estimates or quotations made using the Inventory Calculator Tool;

(v)                     act as an intermediary between Users, or assist or involve itself in any dispute between Users, but may elect to do so (at our absolute discretion) to improve User experience;

(vi)                   take any responsibility for the capacity of Users, including the ability of Movers to perform removalist services and the ability of Customers to pay for removalist services; or

(vii)                  take any responsibility for the truth or 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.

7.                  Customer’s role and obligations

(a)                     Your role is that of a bona fide Customer using the Platform and Services to seek removalist services.

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

(i)                       be eighteen or older at all relevant times;

(ii)                     comply with these Terms, our Website Terms of Use, our Policies and all applicable laws and regulations;

(iii)                    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;

(5)                    defamatory, harassing or threatening; or

(6)                    in breach of any applicable law.

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

8.               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);

(c)                     you agree to use the Platform and Services in accordance with these Terms, our Website Terms of Use, our Policies and all applicable laws and regulations; and

(d)                    any information which you have provided to us or submitted via the Platform is accurate.

9.                  Pricing and quotations

(a)                     All Quoted Prices are calculated based on pricing information provided by Movers and the Move Details you have provided. Muval makes no representations, warranties or guarantees as to the accuracy or applicability of any Quoted Prices to your Move.

(b)                    Mover’s Fees payable for your Move may ultimately differ from the Quoted Price originally given for that Move. This may be due to a variation, change or adjustment made in accordance with the terms of your Removal Contract (for example, additional charges for variations). Muval makes no representations, warranties or guarantees regarding the amount of, or any variations to, Mover’s Fees. You are responsible for confirming the terms of your Removal Contract.

10.               Our fees and payment

(a)                     The Booking Confirmation and Service Fee is our fee for providing the Services to you. It is calculated by reference to the Quoted Fee and does not take into account any fees or charges that may be due to third party service providers under any other arrangements with a User.

(b)                    Muval will be taken to have rendered the Services to you at the time you confirm your booking, and you must pay the Booking Confirmation and Service Fee at that time using an accepted payment method.

(c)                     By using any payment method or providing payment details to pay for the Services 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; and

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

11.               Cancellations and refunds

(a)                     This clause 11 governs the terms on which Muval may refund the Booking Confirmation and Service Fee, following cancellation of a Removal Contract. Refunds of Mover’s Fees are governed by the terms of the applicable Removal Contract.

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

(c)                     If:

(i)                       a Removal Contract is cancelled by you within 2 days of the date of your booking confirmation but no less than 7 days before your Move Date; and

(ii)                     Muval is satisfied, at our absolute discretion, that the Booking Confirmation and Services Fee should be returned to you,

then Muval will refund the Booking Confirmation and Services Fee within 10 business days.

(d)                    If:

(i)                       your selected Mover cancels or fails to perform a Removal Contract; or

(ii)                     you are unable (after reasonable attempts) to contact your selected Mover to confirm the details of a Removal Contract,

and,

(iii)                    Muval is satisfied, at our absolute discretion, that the Booking Confirmation and Services Fee should be returned to you,

then Muval will refund the Booking Confirmation and Services Fee within 10 business days.

12.           Our liability to you

To the maximum extent permitted at law:

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

(b)                    Muval disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or services supplied), arising out of or in any way connected with:

(i)                       the availability or otherwise 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 Customers and third parties; or

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

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

(d)                    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 $50, whichever is greater; and

(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.

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

13.           Your liability to us

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, your use of the Platform or Services or breach of these Terms.

14.               Insurance

(a)                     Muval requires all Movers to hold Goods and Transit Insurance as a condition of using the Platform. However, Muval does not represent or guarantee that any particular Mover’s insurance covers any particular User or is adequate or appropriate for any particular User.

(b)                    Muval may take out insurance from time to time and that insurance may extend some types of cover to Users. However, Muval does not represent or guarantee that any of its insurance policies will cover Users. Muval reserves the right to change the terms of its insurance policies with its insurance providers at any time and without notice.

(c)                     Muval may provide Users with links to third party websites offering insurance. All such insurance will be offered by a third party and will be subject to that third party’s terms and conditions. Muval does not represent or guarantee that any insurance products offered by third parties will be adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance is required.

15.               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 7,  12, 13, 14 and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.

16.           Jurisdiction

Your use of our Platform and Services and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

17.               Notices

Except as stated otherwise, any notices must be given by email to [email protected].

18.               General provisions

(a)                     Entire Agreement: Each party has relied entirely on its own enquiries in entering into these Terms that 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.

19.               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.

20.               Muval Glossary

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

Assisted Booking Services has the meaning given in clause 2(b) .

Booking Confirmation and Service Fee means the fee payable to Muval for providing the Services.

Customer has the meaning given in clause 3(a)(i).

Move means the transport by a Mover of Customer goods from one address to another.

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.

Mover has the meaning given in clause 3(a)(i) .

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

Muval, we, or us means Muval Pty Ltd (ABN 12 611 512 559).

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.

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

Services means the provision of Muval’s Platform, Assisted Booking Services, and Ancillary Products and Services.

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

Terms means this document, the Customer Terms and Conditions.

Users means any users of Muval Services, including both Customers and Movers.