This website and its associated subdomains (Site) are owned and operated by Muval Pty Ltd (ABN 12 611 512 559) (Muval, we or us).
All defined terms in these Terms have the meaning given in the Muval Glossary.
(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.
(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 Assisted Booking Services, a Customer books a Mover and pays Muval the Booking Confirmation and Services Fee, then clauses 3(b)(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 Assisted Booking Services. These will be provided with any quotation for such services.
(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, employer 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 a Customer’s 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.
(i) be eighteen or older at all relevant times;
(iii) comply with the terms of any Removal Contract you enter;
(iv) hold all permits, registrations and authorisations required of a prudent provider of like services, including all relevant business and tax registrations;
(v) have the right to work in Australia;
(vi) 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;
(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 must provide us with the current terms and conditions applicable to your Mover Services and must ensure that you give us notice of any changes to your terms and conditions. Once you have communicated acceptance of the Customer’s offer, you agree to be bound to any Removal Contract created on the terms and conditions you have provided on the Platform. You are solely responsible for your obligations under any Removal Contract.
(d) If Muval determines at its sole discretion that you have breached any obligation under these Terms, it reserves the rights to remove any Content you have submitted to the Platform or cancel or suspend your Mover Account, Jobs or Trips.
(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);
(d) any information which you have provided to us or submitted via the Platform is accurate;
(e) you have the capability to provide removalist services in a good and workmanlike manner and in accordance with all applicable laws; and
(f) you hold appropriate and current insurance, as provided in clause 11.
(i) Goods in transit insurance;
(ii) Worker’s compensation insurance; and
(iii) Public liability insurance.
(b) You indemnify Muval from any loss, claim or costs (including any and all legal costs) arising in relation to any breach of clause 11(a).
(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.
(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 these Terms;
(c) your breach of a Removal Contract;
(d) your breach of any applicable laws;
(e) damage 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.
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 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 has the meaning given in clause 3(a)(i).
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, 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 operated by Muval and described in clause 3.
Removal Contract has the meaning given in clause 3(b)(x).
Services means the provision of Muval’s Platform, Assisted Booking Services, and Ancillary Products and Services.
Site means 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 the trip details (for example locations and timing).
Users means any users of Muval Services, including both Customers and Movers.