Mover 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 Mover Terms and Conditions (Terms) govern the terms on which you may use the Platform (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 22 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 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.
(iii) Movers may use the Platform to enter their Trip Details, to be matched with Customer requests.
(b) If, in the course of Muval providing Move Assist Services, a Customer books a Mover and pays Muval the Move Fee, then clauses 30(ix) to (xii) 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 Move Assist Services. These will be provided with any quotation for such services.
(i) the Platform;
(ii) any Move Assist Services offered by Muval from time to time, on the terms and conditions applicable to those Move Assist 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 disclaims all responsibility and for:
(i) acting as, or on behalf of, any User, except as specifically required to issue invoices and 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.
If it is discovered that you have approached, solicited or enticed any Customer in breach of clause 7(c) or have failed to follow the process set out in clause 7(d), you will pay Muval all Service Fees that would have been due for that Customer had they been engaged on the Platform and any other Muval Service Fees for that Customer going forward. In addition, Muval will be entitled to terminate any agreement with you under this Agreement in accordance with clause 16(a) which includes suspending your access to the Platform or Services and removing any content you have uploaded to the Platform.
(d) If Muval determines at its sole discretion that you have breached any obligation under these Terms, then we reserve the right to remove any Content you have submitted to the Platform, and cancel or suspend your Mover Account or any Moves you have scheduled.
(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) your business is solvent and financially capable of carrying out any Move you accept;
(e) any information which you have provided to us or submitted via the Platform is accurate;
(f) you and all staff and contractors you engage have the training and capability to provide Mover Services in a good and workmanlike manner and in accordance with all applicable laws;
(g) all vehicles that you use to provide Mover Services are roadworthy and maintained according to all manufacturer and legal requirements; and
(h) you hold appropriate and current insurance, as provided in clause 2 of the Service Standards.
On a Customer requesting a Move, we will provide the Customer with the estimated total price of the Move calculated based on pricing information that you have provided us with plus our Service Fee (Quoted Price).
Each Mover must ensure that any quotations or pricing information provided to Muval or any Customer reflect a reasonable representation of the Mover Fee to be ultimately charged to the Customer under a Removal Contract.
Movers must not impose any deposit or similar charge for Mover Services under a Removal Contract.
Muval reserves the right to increase any listed price in relation to a Move on the Platform but will not lower such a price.
(b) Move Fee
The Move Fee is the fee payable for a Move, including the Mover’s fees and our Service Fee.
(c) Service Fee
The Service Fee is our fee charged in consideration for our providing the Services to you. It is calculated as a percentage of your fee for the Move and will differ for each Move depending on a number of factors, including:
(i) the Quoted Price;
(ii) details of the Move; and
(iii) whether the Move was booked via a Standard Booking or a Short Notice Booking.
Muval will be taken to have rendered our Services to you at the time we confirm the Move booking, and you are obliged to pay the Service Fee at that time.
In order to accept payment, Muval may engage third party payment services providers. These providers may charge transaction fees, depending on the payment method chosen by a Customer.
The total Move Fee ultimately payable for a Move may differ from the Quoted Price provided to the Customer 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 a Customer; or
(ii) access to the items to be moved is made difficult by steep staircases or driveways.
Where a Mover identifies that a Variation to the Quoted Price is required, the Mover must give the Customer and Muval reasons for why the Variation is required. Then, the Customer will be asked to approve the proposed Variation.
If the Customer approves a Variation, then any resultant increase or decrease in the Move Fee will be applied accordingly.
(f) Muval makes no representations, warranties or guarantees regarding the amount of, or any Variations to, the Move Fee. You are solely responsible for:
(i) ensuring that you provide complete and accurate pricing information via the Platform; and
(ii) understanding and confirming the terms of your Removal Contract with the Customer.
(i) the Deposit – at the time of booking confirmation;
(ii) the balance of the Move Fee – on the date which is 5 days before the Move Date; and
(iii) any Variations, either refund or additional charge – within 10 days of Muval’s receipt of notice of the Variation demonstrating approval by both parties.
(b) 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 from both parties approving the Variation.
(c) You also authorise Muval to retain the Service Fee from the Move Fee as our fee for service, on the confirmation of a Move.
(d) 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;
(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.
(i) for the limited purpose of issuing invoices to Customers via the Platform, on the Mover’s behalf; and
(ii) for the limited purpose of accepting and processing funds from Customers purchasing Mover Services, on the Mover’s behalf.
(i) If the Customer has made a Standard Booking and then cancels the Removal Contract:
(1) within 48 hours of the booking confirmation; or
(2) at least 21 days before the applicable Move Date,
then you must refund the Move Fee to the Customer within 10 business days.
(ii) If the Customer has made a Short Notice Booking and then cancels the Removal Contract, then the Move Fee is non-refundable.
(e) Mover Cancellations
(i) If you:
(1) accept a Move through the Platform, then cancel or fail to perform a Removal Contract; or
(2) fail to accept a Move through the Platform after reasonable attempts by Muval to contact you; or
(3) are not contactable by the Customer or Muval after reasonable attempts to contact you,
(ii) Muval is satisfied, at our absolute discretion, that the Move Fee should be refunded,
then you must refund the Move Fee to the Customer within 10 business days and Muval may retain the Service Fee, or charge the Service Fee to you to ensure that its fee for the Services is paid.
(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.
(a) your use of the Platform or Services;
(b) your breach of this Agreement;
(c) your cancellation, early or breach of a Removal Control, including any failure to arrive on the Move Date;
(d) your breach of any applicable laws; or
(e) damage to third party property or personal injury of any kind caused by your acts or omissions in performing Mover Services.
(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 Mover, comprised of these Terms, the Service Standards, 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).
Compliant Terms and Conditions means terms and conditions of a Mover that meet the minimum requirements set out in clause 1 of the Service Standards.
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.
Move means the removal, freight or transport by a Mover of Customer goods 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 a 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, and preferred Move Date.
Mover means a User offering Mover Services via the Platform.
Mover Account means any account which you hold on our Platform.
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 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 operated by Muval and described in clause 3.
Removal Contract has the meaning given in clause 3(x).
Service Fee means that part of the Move Fee that Muval charges a Mover as payment for the Services.
Services means the provision of Muval’s Platform, Move Assist, and Ancillary Products and Services.
Site means www.muval.com.au and any associated subdomains.
Terms means this document, the Mover Terms and Conditions.
Trip Details means the combination of the transport details (for example capacity and vehicle registration) and details of availability for trips (for example locations and timing).
Users means any users of Muval Services, including both Customers and Movers.
each of which are current, cover the Mover and its staff and contractors in all regions and locations that the Mover providers Mover Services and provide coverage that Muval considers, in its absolute discretion, adequate.
(b) You indemnify Muval from any loss, claim or costs (including any and all legal costs) arising in relation to any breach of clause 2(a) of these Service Standards.
(c) 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.
Last updated: 2nd June, 2021