This website and its associated subdomains (Site) are owned and operated by Wii Ride (Pty) Ltd (K2018/551413/07) (Moovers, we or us).

These Mover Terms and Conditions (Terms) govern your access to and use of the Moovers Platform and Services as, or on behalf of, a professional person or entity offering removal services. These Terms should be read together with our Website Terms of Use (available at: https://moovers.co.za/terms-of-use) and our Privacy Policy (available at: https://moovers.co.za/privacy-policy).

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

Capitalized terms in these Terms have the meaning given in the Moovers Glossary.

1. These Terms

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

(b). If you enter into these Terms on behalf of another person or entity, then all references in these Terms to “you” or similar will include you and that person or entity. You represent and warrant that you are an authorized representative of that person or entity with the authority to bind them to these Terms, and that you agree to these Terms on that person or 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:

for Users who accept the amended Terms upon account creation or booking confirmation, upon acceptance; and
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

Moovers Services comprise:

(a). Providing and operating the Moovers 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 Moovers from time to time (Ancillary Products and Services),

each as described in clauses 3 to 5 below.

3. Platform

(a). The Moovers Platform is a web-based platform supporting:

an online marketplace that matches Users seeking removalist services (Customers) with Users offering removalist services (Movers);
a User directory;
a booking and scheduling engine; and
Mover Account services.

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

A Mover may register their removal business on the Platform via our Site, by creating a Mover Account, submitting their business details and verifying their contact details.
Movers may then sign in to the Site using their Mover Account. Before creating any trips or accepting any jobs on the Platform, Movers must:

a. upload their terms and conditions of service in the Preferences menu (accessed through the gear symbol on the Dashboard page).

b. provide Moovers with a Certificate of Currency for Goods in Transit insurance.

c. Movers may use the Platform to enter their Trip Details, to be matched with Customer requests.

d. A Customer may access the Platform via our Site and use it to submit a request for removalist services by entering their contact information and Move Details.

e. Customers may use Moovers Inventory Calculator Tool to assist in estimating the capacity required for their Move, or they may enter their required capacity directly. While this responsibility lies with the Customer, we strongly encourage Movers to confirm the Customer’s required capacity prior to the Move.

f. The Platform will match the Customer’s request with Movers who have indicated to Moovers that they have the availability and capacity to provide the requested Mover Services, then the Platform will present the Customer with a list of available Movers, Move Dates and Quoted Prices for the Move.

g. Depending on the Customer’s selection of Move Date, there are two different types of booking with different payment obligations:

bookings where the Customer’s Move Date falls within 5 days (inclusive) of the Confirmation Date (Short Notice Bookings); and
bookings where the Customer’s Move Date falls on a date more than 5 days after the Confirmation Date (Standard Bookings),

as provided in clause 11.

h. Once the Customer selects a Mover and valid Move Date, Moovers will provide the Customer with their selected Mover’s terms and conditions of service for review (if Moovers has been provided with those terms and conditions). It is the responsibility of the Customer to read their selected Mover’s terms and conditions carefully and confirm any questions or concerns with the selected Mover before proceeding with booking the Mover.

i. If the Customer wishes to confirm the booking of a Mover, the Customer must acknowledge confirmation via the Platform and submit their payment details, authorizing the payments specified in clause 11 (Booking Confirmation).

j. Upon Booking Confirmation:

the Customer will be deemed to have made an offer to engage the Mover to provide the Mover Services on the Move Date; and
Moovers will have rendered its Services and will be entitled to the Service Fee as consideration for such Services.
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.
Once both parties have confirmed acceptance, a contract is created between that Customer and the selected Mover on the terms and conditions of service agreed between the Customer and Mover (Removal Contract), and the parties must comply with the terms of that Removal Contract.
The Customer and Mover may agree to vary the terms of a Removal Contract according to its terms, provided that to do so will not breach these Terms (in particular clauses 10 and 12).
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). Moovers may, at its absolute discretion, provide Assisted Booking Services to a Customer who requests, or accepts an offer from Moovers to provide, such services. The Assisted Booking Services may include:

contacting the Customer to obtain Move Details and answer the Customer’s questions;
tailoring a service package for the Move, including sourcing a Mover to perform the Mover Services;
providing a quote for the Move;
processing payment;
monitoring the progress of the Move and providing the Customer with updates; and
assisting with issues which arise during the Move.

(b). For the avoidance of doubt, any Removal Contract entered into between a Customer and a Mover in the course of Moovers providing Assisted Booking Services will be subject to these Terms as if the parties transacted 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). Moovers 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. Moovers role and obligations

(a). Moovers role is that of an independent provider of:

the Platform;
any Assisted Booking Services offered by M00vers from time to time, on the terms and conditions applicable to those Assisted Booking Services; and
any Ancillary Products and Services offered by Moocers from time to time, on the terms and conditions applicable to those Ancillary Products and Services.

(b). Moovers does not:

offer or provide removalist services or act as a common carrier in any respect;
act as a representative or agent of, on behalf of, employer of, or for the benefit of, any Customer, Mover or third party;
take any responsibility for any aspect of any interactions between Users;
take any responsibility for a Customer’s use of, the accuracy of, or any estimates or quotations made using the Inventory Calculator Tool;
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;
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
take any responsibility for the truth or accuracy of any information provided by Users.

(c). Moovers 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. Mover’s role and obligations

(a). Your role is that of a bona fide service provider using the Platform and Services to offer removalist services.

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

be eighteen or older at all relevant times;
comply with these Terms, our Website Terms of Use, our Policies and all applicable laws and regulations;
create an account with and comply with the terms and conditions of any third-party payment service provider used to process payments;
comply with the terms of any Removal Contract you enter;
hold all permits, registrations and authorizations required of a prudent provider of like services, including all relevant business and tax registrations (such as a VAT Number and Company Registration Number);
have the right to work in South Africa;
ensure that all information which you submit via the Moovers Platform is accurate and kept up to date, and is not:

(1) potentially or actually harmful to Moovers, 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.

(c). You must provide us with your current terms and conditions applicable to any Mover Services which you offer or plan to offer on the Platform and must ensure that you give us notice of any changes to these terms and conditions. Once you have confirmed a Customer’s booking, (communicating 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.

8. Mover Accounts

(a) To access and use the Platform, you need to register on the Platform by setting up an account with your email address and a password (Mover Account). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Mover Account.

(b) You must maintain control of your Mover Account and must not deal your Mover Account in any way, including by allowing others to use it, or by transferring or selling your Mover Account or any of its content to another person.

(c) You grant Muval an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information you have posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the Muval Service, for the general promotion of the Muval Service, and as permitted by these Terms and the Website Terms of Use.

(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.

9. Mover representations and warranties

You represent, warrant and guarantee 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 hold all permits, registrations and authorisations required of a prudent provider of like services, including all relevant business and tax registrations (such as a Tax File Number and ABN)

(d) 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;

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

(f) you have the capability to provide removalist services in a good and workmanlike manner and in accordance with all applicable laws; and

(g) you hold appropriate and current insurance, as provided in clause 1312.

10. Fees and variations

(a) You must ensure that any quotations or pricing information you provide to Muval or any Customer reflect a reasonable representation of the Mover Fee to be ultimately charged to the Customer under a Removal Contract.

(b) You must not impose any additional deposit or similar prepayment or charge for Mover Services under a Removal Contract.

(c) Muval reserves the right to increase any listed price in relation to a Trip posted on the Platform but will not lower such a price.

(d) Quoted Price

The Quoted Price is the estimated total price of the Move provided to the Customer. It includes the Mover’s Fee and the Service Fee, exclusive of any transaction fees charged by Muval’s third party payment service providers.

(e) Mover’s Fee

The Mover’s Fee provided to the Customer is an estimate calculated based on:

(i) pricing information that you have provided to Muval; and

(ii) the Move Details that the Customer has provided to Muval.

(f) Service Fee

The Service Fee is our fee charged to the Customer in consideration for our providing the Services. It is calculated as a percentage of the Mover’s Fee, ranging between 10% and 50% depending on a number of factors, including the total Mover’s Fee, the scope of the Move and whether the booking is a Standard Booking or a Short Notice Booking.

Muval will be taken to have rendered our Services at the time of Booking Confirmation, and the Customer is obliged to pay the Service Fee at that time. The Service Fee is deducted directly from the Customer’s payment of the Deposit or Quoted Price (as applicable).

(g) Payment Service Provider Fees

In order to process payments, Muval may engage third party payment service providers. These providers may charge transaction fees, depending on the payment method chosen by the Customer. Any such fee is borne by the Customer.

(h) The total price ultimately payable by the Customer may differ from the Quoted Price provided to them upon booking. You may identify that a variation or adjustment to the Quoted Price is required in accordance with the terms of your Removal Contract (Variation). For example, if:

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

(ii) access to the items to be moved is made difficult by steep staircases or driveways which were not contemplated in the initial calculation of the Quoted Price.

(i) Where you identify that a Variation to the Quoted Price is required, you must provide Muval and the Customer with the reasons in writing for why the Variation is required. The Customer will then be asked to approve the proposed Variation.

(j) If the Customer approves the proposed Variation and has communicated this approval in writing, any resultant increase or decrease in the Quoted Price for the Move (including the constituent Mover’s Fee and our Service Fee) will be applied accordingly.

(k) Muval takes misleading quotations very seriously. If you raise a Variation to a Removal Contract which is, in Muval’s sole opinion, unfair to a Customer, insufficiently justified, irregular or otherwise misleading or deceptive, then Muval reserves the right (to be exercised at its absolute discretion) to suspend or terminate your Mover Account, temporarily or permanently bar you from using any Services and take any other action available to Muval at law.

(l) Unless otherwise stated, all amounts set out in these Terms are exclusive of GST.

11. Payment

(a) Different payment obligations apply to our Customers, depending on whether they have made a Standard Booking or Short Notice Booking. This will affect when you receive your payment(s) for the Move.

(b) Upon Booking Confirmation for a Standard Booking, the Customer authorises Muval to process payment of:

(i) the Deposit – at the time of Booking Confirmation;

(ii) the balance of the Quoted Price – 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 written approval of the Variation by both parties.

(i) the full Quoted Price for the Move – at the time of Booking Confirmation; and

(ii) any Variations, either refund or additional charge – within 10 days of Muval’s receipt of written approval by both parties.

(d) Muval utilises third party payment service providers which allow Muval to deduct our Service Fee from the Deposit or Quoted Price (as applicable) that Muval collects from the Customer upon confirmation of their booking. Except for the Service Fee, payment of the Quoted Price will be processed to the terms and conditions of the third-party payment service provider.

(e) The timing of when you receive your payment(s) for the Move will also depend on whether you have an account with our nominated third-party payment service provider, and that provider’s terms and conditions of service. If you do not have, or do not promptly obtain, an account with the nominated third-party payment service provider, your payments may be delayed or subject to alternative arrangements. If:

(i) you are planning to create an account with the third-party payment service provider, then you can still arrange bookings through the Platform and your payment(s) will be held by the third-party payment service provider until you create an account and claim your payment(s); or

(ii) you are unable to create an account with the third-party payment service provider, please contact Muval to assess the viability of arranging payment for your Mover Services directly with the Customer.

(f) You authorise Muval to:

(i) process payments and receipting on your behalf as payment agent; and

(ii) deduct its Services Fee from funds payable to you.

12. Cancellations and refunds

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

(b) Muval is not a party to your Removal Contract and makes no representations, warranties or guarantees about a Mover or Customer’s right to cancel their Removal Contract or to claim a refund of, or otherwise recover, any amounts paid pursuant to that Removal Contract.

(c) If a Customer cancels their booking, or if you cancel or fail to perform a Removal Contract, Muval will only be responsible for the refund (if any) of the Service Fee. The Customer may make a claim against you for refund or recovery of the Mover’s Fee (if applicable, under the Removal Contract), which must be performed outside of the Muval Platform.

(d) Any transaction fee charged by Muval’s third party payment service provider is be non-refundable.

(e) Upon receiving notice via the Platform of a Customer’s Booking Confirmation for your Removal Services, you will have 2 days to accept the job. If you do not accept a Customer’s Booking Confirmation within that time, then no Removal Contract will arise, and you will forfeit that job. Muval reserves the right to assist Customers with finding an alternative Mover for their Move.

(f) It is vital that you only accept jobs that you are ready, willing and able to perform. Muval reserves the right (to be exercised at its absolute discretion) to suspend or terminate your Mover Account, temporarily or permanently bar you from using any Services and take any other action available to Muval at law, if you are found to be cancelling or rescheduling jobs, deviating from your agreed Removal Contract, or providing Removalist Services which in Muval’s sole opinion fall short of acceptable practice.

13. Insurance

(a) In respect of all Mover Services you provide, you must hold current and appropriate policies covering:

(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 12(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, warrant 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.

14. 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 Users 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;

(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 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.

15. 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:

(a) your use of the Platform or Services;

(b) your breach of these Terms;

(d) your breach of any applicable laws; and

(e) damage or injury of any kind caused by your acts or omissions in performing Mover Services, whether caused by negligence or otherwise.

16. Termination

(a) Muval may at its 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, 14, 15 and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.

17. 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.

18. Notices

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

(b) Any notices from Muval to you will be given using the contact details provided by you on your Mover Account on the Platform.

19. 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.

20. 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;

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

(e) a reference to a clause is a reference to a clause of 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.

21. Muval Glossary

In these Terms:

Ancillary Products and Services means the services described in clauses 2(c) and 5.

Assisted Booking Services means the services described in clauses 2(b) and 4.

Booking Confirmation has the meaning given in clause 3(b)(ix)

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

Deposit means a charge representing Muval’s Service Fee plus 30% of the Mover’s Fee for a Move.

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’s Fee means the total of all fees quoted to a Customer by a Mover for a Move pursuant to a Removal Contract.

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 that is operated by Muval and described in clauses 2(a) and 3.

Quoted Price means the price quoted to a Customer in relation to a Move (including the Mover’s Fee and Service Fee, as adjusted or varied by any Variations agreed in writing between the Customer and Mover).

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

Services means the provision of Muval’s Platform, any Assisted Booking Services, and any Ancillary Products and Services (as applicable).

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

Short Notice Booking has the meaning given in clause 3(b)(vii).

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

Standard Booking has the meaning given in clause 3(b)(vii).

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).

User means any user of the Muval Platform or Services, including both Customers and Movers.

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

Mover terms and conditions