Terms between User and Platform Operator
(and Services Contract between User
and Service Provider)

A. How the Platform works (User Terms)

1. Preliminary

  • (a) This Platform is owned and operated by the Platform Operator (or otherwise referred to as “we/ us/ our”). The Platform allows Users to request Services. Once a User has requested a Service on the Platform, we match that User request with a Service Provider. That Service Provider will in turn carry out the Service for the User. The User will pay us the Fees in exchange for the Service and use of the Platform. We will collect a portion of the Fees on behalf of the Service Provider (and remit that portion of the Fees to them) ,and will retain a portion of the Fees in exchange for providing access to the Platform.
  • (b) These terms comprise the following parts:
    • (1) Part A: How the Platform works
    • (2) Part B: What Users pay for the Service
    • (3) Part C: What Users can expect from the Service Provider
    • (4) Part D: What Users need to do
    • (5) Part E: What happens if something goes wrong between Service Provider and User
    • (6) Part F: Access to Platform
    • (7) Part G: General terms
  • (c) Parts A, B, F and G form a contract between us and Users to govern access and use of the Platform (User Terms).
  • (d) Parts C, D, E and G form a contract between Users and the Service Provider and govern the provision of the Services (Services Contract).
  • (e) We reserve the right to amend the User Terms or the form of the Services Contract from time to time. We will notify Users in writing of any changes to these User Terms. When Users actively agree to the amended terms (for example, by clicking an “I accept” button), or use the Platform in any manner, the amended terms will take effect immediately. In all other cases, the amended terms will automatically be effective 30 days after our notification.
  • (f) If Users do not agree to the terms in this document, Users must not use, access or continue accessing the Platform.
  • (g) By using the Platform, Users acknowledge that they have read, understood and agree to be bound by:
    • (1) these User Terms; and
    • (2) the Services Contract between the Service Provider and the User each time the Service Provider is allocated a Service.
  • (h) We may assign or novate these terms to a third party without the User’s consent.
  • (i) To see the meaning of defined terms, click: here. When used in the User Terms, the terms below have the following meaning:
    Deposit means the amount (as advised by us in writing) that the User pays to us to confirm the Booking.
    Fixed Fee means a fixed amount payable for the Service.

2. Requesting a Service

  • (a) Users may request a Service via the Platform.
  • (b) We reserve the right to accept or reject requests for Service in our discretion.
  • (c) If we cannot facilitate a request for Service on the date and time requested, we will be in contact to seek an alternative date and/ or time for the Services to be performed. Users are under no obligation to agree to that alternative date or time.

3. Booking a Service

  • (a) If we accept a User’s request for Service, we will be in contact to confirm the details.
  • (b) The User must provide us all reasonably requested information in relation to the requested service.
  • (c) To confirm the booking, the User must provide us with credit or debit card details and pay the Deposit (as applicable).
  • (d) Once payment of the Deposit is confirmed, the User will receive written confirmation from us that the Booking has been made with the date of the Service and other related details.
  • (e) Before the Scheduled Time, we will allocate a Service Provider to perform the Service.
  • (f) If the allocated Service Provider cannot undertake the Service as per the Booking, we will try to arrange for an alternative Service Provider to do so. If we cannot arrange for an alternative Service Provider to perform the Booking, we will try to reschedule the Service to another date and time that works for the User. If an alternative date and time cannot be agreed, then the User may cancel the Service at no cost.

4. General

  • (a) For the User’s peace of mind:
    • (1) we require Service Providers to provide the following information to us before they are able to use the Platform: national police checks for the Service Provider (who is in turn required to obtain national police checks for each of its Personnel; records of which may be audited by us from time to time), experience reference checks on the Service Provider, evidence of public liability and motor vehicle insurance as well as other checks (from time to time) specific to the nature of the Services; and
    • (2) we hold public liability insurance.
  • (b) We do not perform the Services. As such, we do not guarantee, or make any representations about the Services or the Service providers.
  • (c) All Service Providers are third party businesses and are not employed or subcontracted by us. We are not an agent or broker for Users except as stated at Section E, Clause 1 (e) in relation to arranging “Transit Insurance.”
  • (d) While we make all reasonable efforts to ensure the accuracy and completeness of the information on the Platform that is provided by us, to the extent permitted by law we give no warranty that such information is accurate, complete or up-to- date.

5. Liability and indemnity

5.1 Indemnity

(a) The User agrees to indemnify us, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment that we may pay, suffer, incur or are liable for, arising from or in connection with any reckless or negligent act or omission by the User.

5.2 General limitation of liability

  • (a) Nothing in this agreement is intended to have the effect of excluding any Consumer Guarantee that the User may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or any other applicable law that cannot be excluded, restricted or modified by agreement of the parties (collectively Non-Excludable Rights).
  • (b) Our liability to the User for a breach of any Non-Excludable Right (other than a Non-Excludable Right that by law cannot be limited) is limited, at our option to any one of resupplying the services or paying the cost of supplying again, in respect of which the breach occurred, unless:
    • (1) the services supplied are services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
    • (2) it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
    • (3) the relevant Consumer Guarantee is a guarantee pursuant to sections 60, 61 or 62 of the Australian Consumer
  • (c) To the maximum extent permitted by law:
    • (1) we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage arising out of or in connection with the transaction between a User and any Service Provider; and
    • (2) we are not responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that a User or another person may suffer in connection with a Service Provider or the offer or supply of (or default in supplying) the Services.
  • (d) Neither party will be liable to the other party for Consequential loss.

6. Feedback or complaints

  • (a) We welcome User’s feedback in respect of the Services and the Service Provider, however, Users acknowledge that the Service Provider is the sole provider of the Services. We may pass on any issues arising from the performance of the Services (including safety or quality issues) to the relevant Service Provider to assist in providing the User with a resolution.
  • (b) Any concerns, complaints or claims must be notified to us in writing to https://mymoovers.freshdesk.com/support/tickets/new as soon as is reasonably practicable after the date of the Service. The User must provide us with all reasonably requested information and details in respect of the concern, complaint or claim. The User agrees to notify us in writing of any issue or complaint before taking any other action.

B. What Users pay for Services (User Terms)

1. Prices and payment

1.1 General

  • (a) All Fees are quoted in Australian dollars (AUD) and, unless otherwise stated, include GST.
  • (b) We will charge the Fees to the User’s card in accordance with these User Terms.
  • (c) Credit card transactions may incur a surcharge. We will only pass on a surcharge to the extent we are charged by our bank or payment gateway provider.
  • (d) Before or at the time of Booking, we will provide Users with email confirmation of the Fees or the basis on which the Fees will be calculated (including the Hourly Rates or any agreed Fixed Fee).

1.2 Deposit

  • (a) We may charge the User a Deposit to confirm their Booking.
  • (b) The amount of the Deposit will depend on whether the Service Fee will be based on Hourly Rates or Fixed Fee and the User will be advised of the amount at the time of Booking.
  • (c) If the User has booked a Service based on Hourly Rates and cancels their Booking:
    • (1) within 48 hours from the time of Booking, we will refund the Deposit to the User; or
    • (2) more than 48 hours after the time of Booking and the User:
      • (A) rebooks a Service within 4 weeks of cancellation, we will reallocate the Deposit to the User’s new Booking; or
      • (B) does not rebook a Service within 4 weeks of cancellation, we are entitled to retain the Deposit.

1.3 Estimates

We may from time to time provide the User with an estimate of the Service Fee. This is provided as a guide only and is based on our then current Hourly Rate and the information that the User has provided to us about the Booking.

1.3 Minimum fees

We may identify a minimum fee per Service which is calculated by reference of a minimum number of hours to be charged multiplied by the then current Hourly Fee of the person(s) undertaking the Service.

2. Pricing methods

2.1 Hourly Rates

  • (a) The Service Fee is charged on actual hours worked in accordance with our Hourly Rates, unless we have provided the User with a Fixed Fee or otherwise agreed in writing.
  • (b) Once the Services are complete, the Service Provider will advise us of the number of hours (or part of an hour) worked in performing the Services. We will calculate the Hourly Fee payable to determine the Service Fee payable by the User.

2.2 Additional Fees

  • (a) We reserve the right to charge the User Additional Fees in addition to the Service Fee in the following circumstances:
    • (1) No access fee: If the Service Provider arrives at the premises at the Scheduled Time and cannot access the premises, providing that the Service Provider has made reasonable efforts to contact the User, we may charge the No access fee. The User may reschedule the Service to another time and day subject to availability.
    • (2) Re-delivery fee: If the Service Provider is unable to deliver goods at the designated address, and the Service Provider is required to store the goods until an alternative delivery time can be agreed between the User and the Service Provider, we may charge a re-delivery fee.
    • (3) Toll charges: If the Service Provider incurs third party toll road charges, we reserve the right to charge these fees to the User. [Not applicable to Fixed Fee service.]
    • (4) Storage fees: If the Service Provider is required to store goods on behalf of the User.
    • (5) Other fees: If the Service Provider is required to relocate pool tables, pianos and like items, or depending on the booked service location stairs levy will be applicable [Not applicable to Fixed Fee service.]
  • (b) We will notify Users at the point of sale or at the booker service location, of the amount of any Additional Fees that may be applicable to their Booking.

2.3 Pricing Factors

  • (a) When providing estimates, we rely on what the User tells us and also a large database from many thousands of moves to provide our best estimate of the likely cost associated with the Booking. Our estimates of fees for Services will depend on various factors including:
    • (1) the size of premises
    • (2) number of removalists
    • (3) items to be relocated
    • (4) distance to travel to relocated premises;
    • (5) distance to legal parking at or around the premises;
    • (6) access to the premises including whether by lift or stairs and ease of moving to, from and through corridors, doorways and hallways.
  • (b) Any estimate of fees provided is advisory only.
  • (c) We may, from time to time, provide suggestions as to the size of truck to be ordered for a particular Service. These suggestions are based on the information that the User provides to us at the time of Booking, including the size of premises and any inventory lists. These suggestions are advisory only.
  • (d) If the truck provided is too small to perform the Service in one trip, the Service Provider will perform a second trip on the same day (to the extent that this is possible), or an alternative day (if it is not possible to complete 2 trips on the same day).

2.4 Fixed Fee

  • (a) We may offer Users a Fixed Fee for long-distance relocations (for example, metro to regional/ regional to metro or interstate relocations). The Fixed Fee will be based on the size of the truck and our then current Hourly Rates and will be calculated on the number of removalists and number of hours required to perform the Service. The User will pay the Fixed Fee for the Service irrespective of whether the Service Provider spends more or less time performing the Service than anticipated.
  • (b) Any Fixed Fee quoted is valid for 7 days from date of issue.
  • (c) Additional Fees may apply to a Fixed Fee service. See clause 2.2 above for more information.
  • (d) Any variation to the Fixed Fee after Booking must be agreed to by us and the User in writing.

3. Payment

  • (a) At the conclusion of the Service, we will notify the User via text message the Fees payable and provide the User with an automated authorisation code in order for the User to confirm they agree with the Fees before we process payment via the User’s credit or debit card (as the case may be).
  • (b) If the User does not co-operate with us in processing payment, we reserve the right to process payment for the Fees without the authorisation code if the User does not provide supporting evidence as to why the Fees are not payable in accordance with the terms of this document.
  • (c) Alternatively, Users may pay by bank transfer and will need to liaise with us for referable details.
  • (d) If the User disputes any aspect of the Fees, the User must pay any undisputed amounts immediately and notify us as soon as practicable of any disputed amount after receiving notice of the Fees payable.

4. Security of Payment

We take all practical steps to ensure that Users information is secure on the Platform. We use a secure payment gateway to process all credit card transactions, but note that this is run by a third party and so we cannot give warranties or representations about its effectiveness. We take no responsibility for events arising from unauthorised access to the User’s information, except where such unauthorised access is a result of our act or omission.

5. Goods and services tax

  • (a) Words or expressions used in this clause that are defined in A New Tax System (Products and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
  • (b) Unless otherwise stated, any amount specified in these User Terms as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
  • (c) Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these Terms.
  • (d) If a third party makes a taxable supply and these Terms requires a party to these Terms (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
  • (e) If an adjustment event arises in relation to a taxable supply made by a party under these Terms (Supplier), the amount paid or payable by the party to whom the taxable supply is made (Recipient) pursuant to clause 5(b) will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.

C. What Users can expect from the Service Provider (Services Contract)

1. General

  • (a) The Services Contract will terminate immediately once the Service Provider and the User have fulfilled their obligations under the Services Contract.
  • (b) The Platform Operator may, on behalf of the Service Provider, from time to time provide Users with a schedule setting out what services are included and excluded from a booking made via the Platform (Inclusion/ Exclusion Schedule). To the extent that there are inconsistencies between the Inclusion/ Exclusion Schedule and the terms of Services Contract, the terms of the Inclusion/ Exclusion Schedule will prevail.

2. Service Provider’s rights and obligations

  • (a) The Service provider must attend the Service at the Scheduled Time. The User acknowledges that the Scheduled Time may include a window of times in which the Service Provider may arrive to commence the Service (and that these may be delayed due to irregular traffic conditions, severe weather, mechanical breakdown and/or last minute no show of the service provider). For example, subject to any irregular traffic conditions, for morning jobs, the User may be provided with a window between 7am and 10am, for afternoon jobs the User may be provided with a window between 12pm and 3pm.
  • (b) If the Service Provider arrives at the Booked Service Location during the Scheduled Time and cannot access the Booked Service Location, providing that the Service Provider has made reasonable efforts to contact the User, the Service Provider may cancel the Booked Service Location with the prior written consent of the Platform Operator.
  • (c) In providing the Services, the Service Provider must:
    • (1) undertake the Services with acceptable care and skill;
    • (2) take all reasonable steps to avoid any loss of and/or damage to the User’s property;
    • (3) deliver the Services in a manner, to the greatest extent possible, which gives the desired results as agreed by the parties;
    • (4) utilise their time effectively and efficiently in providing the Services; and
    • (5) deliver the Services in accordance with the User’s reasonable instructions.
  • (d) The Service Provider must provide all Products and Equipment unless otherwise agreed by the User in writing.
  • (e) If the Service Provider is unable to deliver goods at the designated address (through no fault of its own), the Service Provider will safely and securely store the goods until an alternative delivery time can be arranged and agreed with the User. The User is liable to pay an Additional Fee for any storage services provided by the Service Provider or arranged on behalf of the User.

3. Qualifications and exclusions

3.1 General

  • (a) The User acknowledges that even when the Service Provider uses all due care and skill, there is inherent risk that damage or deficiencies may arise:
    • (1) if items are not suitably and securely packaged including (among other things):
      • (A) televisions, printers, computers, photocopiers, scientific instruments, musical instruments, architectural models and sculptures; and
      • (B) items of glass and mirrors (including picture glass, tabletops and glass cabinets);
    • (2) if goods are moved under the User’s (or the User’s authorised person’s) express instructions, against the Service Provider’s recommendation;
    • (3) as a result of:
      • (A) normal wear and tear, natural or gradual deterioration, leakage or evaporation;
      • (B) moth or vermin or similar infestation;
      • (C) changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water;
      • (D) the goods having a pre-existing defect;
      • (E) the goods being perishable items or those requiring a controlled environment;
      • (F) the inherent nature of:
        • (i) goods made of stone, including marble, granite, composite or similar items; or
        • (ii) furniture designed to be flat packed if is not disassembled by the User before transport, or furniture made of pressed wood, such as IKEA furniture.

3.2 Excluded goods

  • (a) Unless otherwise agreed in writing by the Service Provider, the following items must not be submitted for removal or relocation and will not be moved by the Service Provider under any circumstances:
    • (1) items that may present risks to health and safety;
    • (2) prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition;
    • (3) jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind;
    • (4) goods likely to encourage vermin or other pests or to cause infestation or contamination;
    • (5) perishable items and/or those requiring a controlled environment;
    • (6) animals, birds, fish, reptiles or plants; or
    • (7) goods which require special license or government permission for export or import.
  • (b) The Service Provider will notify the User as soon as practicable if any of the goods are, in the Service Provider’s opinion, hazardous to health and safety, dirty or unhygienic or otherwise likely to attract vermin or pests and under what conditions (if any) the Service Provider is prepared to accept such goods or whether the goods are refused.

3.3 Excluded Services

  • (a) Unless otherwise agreed by the Service Provider in writing, the Service Provider will not:
    • (1) disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment (including removing TVs and related brackets from walls);
    • (2) take up or lay fitted floor coverings;
    • (3) move items from a loft, unless properly lit and floored and safe access is provided;
    • (4) dismantle or assemble garden furniture and equipment including, but not limited to sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.

4. Goods and services tax

  • (a) Words or expressions used in this clause that are defined in A New Tax System (Products and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
  • (b) Unless otherwise stated, any amount specified in these User Terms as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
  • (c) Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these Terms.
  • (d) If a third party makes a taxable supply and these Terms requires a party to these Terms (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
  • (e) If an adjustment event arises in relation to a taxable supply made by a party under these Terms (Supplier), the amount paid or payable by the party to whom the taxable supply is made (Recipient) pursuant to clause 4(b) will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.

D. What Users need to do (Services Contract)

1. General

  • (a) The User must:
    • (1) do all things necessary to enable the Service Provider to efficiently perform the Service in accordance with this Services Contract;
    • (2) be reasonably contactable;
    • (3) do all things necessary to provide a safe workplace for the Service Provider; and
    • (4) provide the Service Provider with access to the Booked Service Location;
  • (b) The User acknowledges that the Service Provider may not be able to complete the Service if the User is not reasonably contactable during the performance of the Service.
  • (c) The User or their representative must be present at all times during the Service.
  • (d) In relation to the Services:
    • (1) the User must obtain at its own cost, all documents, permits, permissions, licenses, customs documents necessary for the Service to be performed (including in relation to the Service Provider parking at the Booked Service Location);
    • (2) the User must take all reasonable steps to ensure that no goods to be removed are left behind and no goods are removed in error;
    • (3) where the Service Provider provides the User with inventory lists, receipts, waybills, job sheets or other relevant form to document collection or delivery of the User’s goods, the User or their authorised representative must sign to acknowledge collection or delivery (as the case may be) of the goods;
    • (4) the User must arrange proper security for goods left in unoccupied or unattended premises, or where third parties including tenants or workmen may be present.
  • (e) The User permits the Service Provider to conduct a walk-through (Walk-Through) and take photographs of the Booked Service Location, before, during and at the end of the Service. These images will be used for the purpose of recording before and after images for quality assurance. If the Service Provider identifies any existing damage to goods or premises, any potential risks involving the relocation of goods from the premises or if the Service required is inconsistent with the instructions provided at the time of Booking, the User may be requested to sign an acknowledgement and confirmation before the Service Provider performs the Services.

2. Ownership of goods

  • (a) By entering into this agreement, the User warrants that:
    • (1) the goods to be relocated are their property; or
    • (2) they have the full authority of the owner or anyone with a legal interest in them to enter into this agreement for the relocation of the goods.
  • (b) the User indemnifies the Service Provider for any loss the Service Provider incur arising from or in connection with any breach of these warranties.

3. Preparation

  • (a) Prior to the Service, the User must:
    • (1) appropriately pack all items to be relocated including appliances and electronic equipment;
    • (2) empty, properly defrost and clean refrigerators and deep freezers (if relevant); and
    • (3) ensure that all domestic appliances and garden goods, including washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
  • (b) It is the User’s responsibility to ensure that all goods to be relocated will fit in the designated premises (for example, that sofas and beds will fit).
  • (c) The User is responsible to remove, or arrange for removal of, doors or windows in such cases where doors or windows need to be removed for goods to fit.

4. Physical access

The User is responsible for providing the Service Provider with access to the Booked Service Location including reasonable parking access.

5. Behaviour

The User must not display threatening behaviour toward the Service Provider (verbal or otherwise). The User acknowledge that the Service Provider may be forced to stop performing the Service because of verbal or any other abuse from the User or their authorised representative. In this case, the User will be required to pay for the Services performed on a pro rata basis.

E. What happens if something goes wrong between Services Provider and User? (Services Contract)

1. Insurance

  • (a) The Service Provider is required to hold public liability and motor vehicle insurance.
  • (b) It is the User’s responsibility to arrange adequate insurance to cover any loss or damage to the User’s goods or its premises during preparation, packing, handling, relocation or the provision of any of the Services whether caused by accident or the deliberate act of a third party. The User’s responsibility to arrange adequate insurance to cover the User’s premises and the goods to be relocated against any accidental physical loss or damage or the deliberate act of a third party.
  • (c) The Platform Operator will arrange compulsory insurance (“Transit Insurance”) for the User at Additional Fee to cover the risk of loss of or damage to the User’s goods during the period of cover commencing from packing and/or loading of the goods on the transportation vehicle as applicable and offloading of the goods from the transportation vehicle and/or unpacking within 30 days from the date the goods arrive at the delivery address specified by the Customer and only including temporary storage during the normal course of transit as provided under the Transit Insurance policy terms (“Period of Cover”).
  • (d) The “Transit Insurance” covers loss of or damage to the goods only during the Period of Cover stated above where indemnity is limited to the following sums with their respective premiums and excesses as set out below:.
    • I. For cover up to a maximum of A$100,000 for any one customer per move and A$500,000 for any one conveyance and location;
    • II. With a fixed premium fee (including GST) payable by the User as an Additional Fee with amount advised to the User by the Platform Operator following assessment in accordance with value of the goods and move or Services required;
    • III. With an excess payable by the User of $500 for each and every claim.
  • (e) The Platform Operator arranges the “Transit Insurance” as agent of the User through a licensed insurance broker with an insurance company.
  • (f) The “Transit Insurance” is subject to the terms, conditions, and exclusions of the policy of insurance of the insurance company and these User Terms.
  • (g) The Customer should review the above-mentioned terms when prompted for review by the Platform. 
  • (h) Should such insurance company dispute liability for any reason, the Customer as the insured shall have no recourse against the Platform Operator whatsoever and any recourse by the User shall be against the insurance company.
  • (i) Except for such insurance so arranged, no insurance will be arranged or effected by the Platform Operator on the Customer’s behalf.
  • (j) Access to the Platform is provided by the Platform Operator at a low fee cost to the User on the premise that the Platform Operator has the right to exclude and limit liability and/or seek indemnity as provided for in these User Terms. Accordingly, the Customer in addition to the Transit Insurance should consider seeking its own insurance cover for loss, damage or liability it may incur including pursuant to these User Terms.

2. Liability and indemnity of Service Provider

2.1 Indemnity

(a) The User agrees to indemnify the Service Provider, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment that the Service Provider may pay, suffer, incur or are liable for, arising from or in connection with any reckless or negligent act or omission by the User.

2.2 General limitation of liability

  • (a) Nothing in this agreement is intended to have the effect of excluding any Consumer Guarantee that the User may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or any other applicable law that cannot be excluded, restricted or modified by agreement of the parties (collectively Non-Excludable Rights).
  • (b) The Service Provider’s liability to the User for a breach of any Non-Excludable Right (other than a Non-Excludable Right that by law cannot be limited) is limited, at the Service Provider’s option to any one of resupplying the services or paying the cost of supplying again, in respect of which the breach occurred, unless:
    • (1) the services supplied are services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
    • (2) it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
    • (3) the relevant Consumer Guarantee is a guarantee pursuant to sections 60, 61 or 62 of the Australian Consumer Law.

F. Access to Platform (User Terms)

For the purposes of this Part F, “you” means the User (and “your” has a corresponding meaning).

1.  Access

  • (a) By accessing or using the Platform:
    • (1) you acknowledge that you have read, understood and agree to be bound by these User Terms; and
    • (2) agree that these User Terms will apply to all Services that you book via the Platform.
  • (b) The Platform and associated services are only available for use by people that reside in Australia. If you do not reside in Australia, you must not use the Platform.
  • (c) By using the Platform and associated services, you warrant and represent to us that:
    • (1) you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian to access and/or use the Platform;
    • (2) any information that you submit (including your name, contact number, email address and address) is truthful and accurate, and that you will keep these details up to date; and
    • (3) your use of Platform and associated services does not violate any applicable laws or regulations.
  • (d) We may, from time to time and without notice, make changes to the Platform (including adding or removing functions) or cease, interrupt or withdraw access to the Platform for any reason, including for upgrades and maintenance of the Platform.
  • (e) You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the Platform.
  • (f) The Platform may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  • (g) By accessing the Platform, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, we exclude:
    • (1) any term, condition or warranty that may otherwise be implied into these User Terms, including (but not limited to) any term, condition or warranty that:
      • (A) the Platform or any of its functions will be uninterrupted, available or error free;
      • (B) defects will be corrected; or
      • (C) the Platform or any server that makes it available is free of errors, viruses or malicious code;
      • (D) any liability due to any delay or unavailability of any part of the Platform, any of its functionality or associated services;
      • (E) any liability for Consequential Loss however caused (including negligence), arising out of or in connection with the Website Content or the use or performance of the Platform.

2. Intellectual Property

  • (a) All material on the Platform, including the text, information, graphics, logos, design, layout, downloads and services (Platform Content) is owned by or licensed to us and related entities.
  • (b) Trade marks used on the Platform to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).
  • (c) You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store:
    • (1) Website Content or our trade marks for any purpose, other than with our prior written consent, or as permitted by law; or
    • (2) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

All of our rights and rights of our licensors are reserved.

  • (d) We reserve the right to aggregate and analyse data that we collect through the operation of the Platform. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Platform. With this data, we may:
    • (1) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties);
    • (2) use the data to identify and offer you moving or cleaning goods and services (as well as goods and services of our trusted partners) that we think you may be interested in; and
    • (3) use data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.

3. Acceptable Use

  • (a) You must:
    • (1) only use the Platform in accordance with these User Terms and only for legitimate purposes including browsing, requesting, booking and paying for Services.
    • (2) not use the Platform in breach of any applicable laws or regulations;
    • (3) not use the Platform to send spam or unsolicited messages to other users or to harvest personal information and contact details of other Users;
    • (4) not frame or mirror any part of the Platform without our written authorisation; and
    • (5) not interfere with, disrupt, or create an undue burden on the Platform.
  • (b) Without limiting the above, you must not and must not permit a third party to:
    • (1) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Website Content; circumvent, disable or otherwise interfere with security-related features of the Platform;
    • (2) use (or attempt to use) the Platform or services in an unauthorised manner to identify or discover pricing, the identity of any User, or any related business methodology or systems; or
    • (3) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Platform, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data
  • (c) We may, at any time and at our discretion, investigate any reported or suspected breach of these User Terms (or other unauthorised or unlawful use of the Platform) by you. In conducting any investigation we may use data that we have logged in relation to your use of the Platform.
  • (d) Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Platform and our reputation. These actions may include (but is are not limited to):
    • (1) denying you access to the Platform;
    • (2) refusing requests from you;
    • (3) reporting any unlawful conduct to the appropriate authorities; and
    • (4) otherwise taking appropriate legal action.

4. Warranties and Representations

  • (a) The use of the Platform is at your own risk. The Platform and its content is provided to you on an “as is” and “as available” basis without warranty or representation of any kind.
  • (b) We (including our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors) do not make any express or implied representation or warranty about the Platform or its content.

5. Termination

  • (a) Both you and us can terminate this agreement at any time and for any reason.
  • (b) Termination of the User Terms does not impact any Services Contract on foot between you and a Service Provider, unless we otherwise advise (on behalf of the Service Provider) in writing at the time that notice of termination is given, in which case clause 3(f) of Part A will apply.

6. Non Solicitation

  • (a) For the purposes of this clause:
    Restrained Period” means:

    • (1) 12 months following the conclusion of the Service, or if that is unenforceable,
    • (2) 6 months following the conclusion of the Service, or if that is unenforceable,
    • (3) 3 months following the conclusion of the Service.
  • (b) Unless otherwise agreed in writing by us, you will not, for the Restrained Period:
    • (1) engage (directly or indirectly) with the Service Provider for services similar to the Service;
    • (2) accept any appointment or engagement with the Service Provider, without our involvement.
  • (c) The restraint above is a separate, severable and independent restraint, although cumulative in effect. If any part of a restraint is invalid or unenforceable for any reason, the enforceability of the remaining restraints or parts of any restraint will not be affected.
  • (d) The parties acknowledge that:
    • (1) each of the restrictions in this clause is reasonable in its extent (as to duration and restrained conduct) in the circumstances and having regard to the interests of each party to these User Terms and is intended to operate to the maximum possible extent; and
    • (2) monetary damages may not be an adequate remedy for a breach of this clause, and we are entitled to seek and obtain specific performance or an injunction as a remedy for such a breach or where such a breach is anticipated or threatened, in addition to any other remedies available at law or in equity.

7. Privacy

Our Privacy Policy is incorporated by reference into these User Terms. The Privacy Policy contains important information about how you can access and correct information we hold about you, how you can complain about a breach by us of the Australian Privacy Principles and how your complaint will be handled.

G. General Terms (User Terms and Services Contract)

1.  General

  • (a) These terms is governed by the laws of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
  • (b) To the extent permitted by law, in relation to the subject matter of this agreement, this agreement embodies the entire understanding of the parties, and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement between the parties.
  • (c) If the whole or any part of a provision of this agreement is void, unenforceable or illegal it is severed. The remainder of this agreement continues to have full force and effect.
  • (d) Any queries regarding these terms and conditions should be directed to us at https://mymoovers.freshdesk.com/support/tickets/new

2. Definitions and Interpretation

  • (a) In this document, unless the context otherwise requires:

    Additional Fees
    means any additional fees payable in connection with the Service in accordance with the User Terms (or as advised by the Platform Operator to the User from time to time prior to entry into the User Terms).

    Booked Service Location
    means the address(es) where the Services are to be carried out.

    Booking
    means the booking for the Services the User has made via the Platform.

    Business Day
    means a day on which banks are open for business in the capital city of the State or Territory where the Service is being provided excluding a Saturday, Sunday or public holiday in that city.
    Consequential Loss means loss or damage that is not direct or does not flow naturally from the relevant act or omission in breach of this agreement and includes, without limitation, loss of profits and loss of opportunity.Fees means the sum of the Service Fee and Additional Fees (if any).Personnel means any person working on behalf of the Service Provider including its employees and contractors.Platform means the Platform Operator’s booking platform operated by telephone, website and associated applications.

    Platform Content has the meaning set out in clause 2(a) of part F of this document.

    Platform Operator means LEOKAST TECH PTY LTD, ACN 647991222

    Scheduled Time means the time and date that the Service Provider is to arrive to undertake the Services (which may include a window of time).

    Service means the services to be provided to User by the Service Provider in accordance with these User Terms and the Services Contract.

    Services Contract means the terms that form a contract between the Service Provider and the User to govern the performance of the Services.

    Service Fee means the fee for the Service excluding any Additional Fees charged and invoiced by the Platform Operator.

    Service Provider means the person or entity from our database as notified by us from time to time allocated to perform the Service and includes the employees and contractors performing Services on behalf of the Service Provider (as the context requires).

    Users means the person who requests a Service via the Platform and includes the company if the Service are requested on behalf a company.

    User Terms means the terms that form a contract between the Platform Operator and the User to govern access and use of the Platform.

  • (b) In this document, except where the context otherwise requires:
    • (1) the singular includes the plural and vice versa, and a gender includes other genders;
    • (2) headings are for convenience only and do not affect interpretation or construction;
    • (3) another grammatical form of a defined word or expression has a corresponding meaning;
    • (4) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
    • (5) a reference to ‘A$’, ‘$A’, ‘dollar’ or ‘$’ is to Australian currency;
    • (6) a reference to a ‘party’ is to a party to this document, and a reference to a party to a document includes the party’s officers, employees, executors, administrators, successors and permitted assigns and substitutes;
    • (7) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
    • (8) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;
    • (9) 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; and
    • (10) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.