This website and its associated subdomains (Site) are owned and operated by Muval Pty Ltd (ABN 12 611 512 559) (Muval, we or us).
Capitalised terms in these Terms have the meaning given in the Muval Glossary.
(i) for Users who accept the amended Terms upon account creation or booking confirmation, 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) For the avoidance of doubt, any Removal Contract entered into between a Customer and a Mover in the course of Muval 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.
(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 or act as a common carrier in any respect;
(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) create an account with and comply with the terms and conditions of any third-party payment service provider used to process payments;
(iv) comply with the terms of any Removal Contract you enter;
(v) 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);
(vi) have the right to work in Australia;
(vii) 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 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.
(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);
(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)
(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.
(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.
(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.
(c) Upon Booking Confirmation for a Short Notice Booking, the Customer authorises Muval to process payment of:
(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.
(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.
(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.
(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.
(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; and
(e) damage or injury of any kind caused by your acts or omissions in performing Mover Services, whether caused by negligence or otherwise.
(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 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 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).