By requesting the Company to supply the Services, the Customer agrees to accept and be bound by the Company’s terms and conditions. All and any business undertaken by the Company shall be subject to the Company’s terms and conditions of contract which are as follows:
1. “Company” means Movepal Pty Ltd (ABN: 19623987066), its employees, servants, agents, subsidiaries and/or associated entities.
“Customer” means the party that uses the App to connect and contract with a Mover to Move its Goods.
“App” means the Company’s application platform that enables a Customer and Mover to connect and contract to Move the Goods.
“Mover” means the carrier that uses the App to connect and contract with a Customer to Move the Goods requested by the Customer.
“Move” means the moving service requested by the Customer through the App which is accepted by the Mover.
“Goods” means all goods subject of the Move, including the packaging, boxes, pallets, containers or other devices/materials used to protect and/or carry the Goods by the Customer for the Move.
“Item” means a single piece of furniture or the sum of the parts of a piece of furniture.
Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a party include a person, firm, corporation or other entity where appropriate.
2. The Customer warrants that:
(i) it is the owner of the Goods or otherwise has the authority of the owner or person having an interest in the Goods or any part thereof to use the Company’s App to connect and contract with a Mover to Move the Goods subject to these terms and conditions.
(ii) the value of the Goods is no greater than $1,000 for the Customer’s request to move a single item and no greater than $10,000 for the Customer’s request to move multiple items and if they are greater, the Customer warrants that it will not make a claim against the Company or hold the Company responsible or liable in any way and will indemnify the Company for any loss, damage, expense and/or liability occurring as a result of the Move in relation to such items.
3. Should the Customer choose to Move its Goods through use of the App, it will be required to enter specific details of its identity, the Move and credit card information on the App to request a Mover to Move the Goods. In completing the request, the Customer offers the opportunity for a Mover to select and accept the Customer’s offer through the App to perform the Move for the Customer.
To request a Mover to Move the Goods on the App, the Customer will be required to:
(i) insert the pick-up and delivery addresses.
(ii) choose a Mover Truck size.
(iii) select Move date and time.
(iv) upload photos and add descriptive details of the Goods to be Moved including but not limited to the type of Goods, the size of the Goods, the weight of Goods, the quantity and volume of the Goods, the packaging of the Goods and the access and ability to lift and Move the Goods.
(v) insert the Customer’s credit card details.
5. When attending to the pick-up of the Goods, the Mover may at its own discretion determine that one or more of the Goods may present issues in relation to the Move and so shall have the right to:
(i) complete the Move in more than one truckload if all Goods included in the Move do not fit in the first truckload.
(ii) transport the Goods in more than one truckload which the Customer acknowledges and agrees the Mover can do and for which the Customer will be liable for additional charges incurred.
(iii) reject the Move of one or more of the Goods.
(iv) require the Customer to sign a waiver in relation to loss or damage of the Goods should the Mover agree to perform the Move.
6. Upon completion of the Move as requested by the Customer, the Mover will click the “Move Complete” button on the App and the App will automatically debit the Customer’s credit card in relation to the payment owed by the Customer to the Company pursuant to these terms and conditions.
7. In supplying the App as a service for use by the Customer, the Company acts as agent of the Customer insofar as such App connects the Customer with a Mover to Move the Goods. The Company does not offer nor supply any other services in relation to the Move save acting as the Customer’s agent for the lodgment of claims and agent in arranging insurance as set out in paragraphs 11 and 14 respectively below.
8. In completing its request to Move the Goods on the App, the Customer will be required to accept the terms and conditions of service of each of Movepal, the Mover and the Insurer. The Customer has a right not to accept these terms and conditions, not complete the request to Move and choose an alternative service provider. The Customer should review the above- mentioned terms carefully when required by the App prior to finalising its request for the Move. The Company warrants that all Movers that provide services pursuant to the Company’s App have identical terms and conditions save the identity of the Mover.
9. The Customer acknowledges that in requesting a Move on the App, the Customer is offering a Mover the opportunity to perform the Move and when the Customer is notified of a Mover’s acceptance of this offer, the Customer becomes the customer of the Mover for the purpose of the Move subject to the terms and conditions referred in the provision above.
10. The Company warrants that the Mover will have Public Liability and Carriers Legal Liability and Workers Compensation/Personal Accident insurances in relation to the services it provides to Move the Goods:
11. If the Customer incurs loss or damage in connection with the Move by the Mover, the Company will at the Customer’s request act as the Customer’s agent in lodging a claim against the Mover for such loss or damage.
12. Should the Company sustain, receive or incur any claim, loss, damage, payment, expense, cost, fine and/or other liability resulting from the Move, the Customer agrees to indemnify the Company in full in respect of same save in circumstances where such is caused by:
(i) the provision or operation of the App (excepting when caused by the Customer),
(ii) the Company acting as agent of the Customer in making claim for loss or damage for the Customer against a Mover (Clause 11 herein) and/or
(iii) the Company arranging insurance on the Customer’s behalf (Clause 14 herein)
Exclusion and Limitation of Liability
13. (a) Subject to the terms and conditions in this contract and mandatory applicable statute, convention or law, the Company shall not be liable for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:
(i) arising from an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;
(ii) caused by the negligence and/or recklessness and/or wilful misconduct of the Company’s servants, employees, agents, contractors or otherwise;
(iii) a breach or fundamental breach of contract;
(iv) resulting from, or attributable to, any statement, representation or information, oral or written, made or given on behalf of the Company or its servants, agents, employees or contractors.
(b) In all cases where liability cannot be excluded by this agreement because of mandatory applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$100.00 or the cost value of the Goods or third party property damaged.
(c) Without limiting the generality of the foregoing, in all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Services pursuant to statute or otherwise, the liability of the Company is limited to any one or more of the following as determined by the Company at its absolute discretion:
(i) providing supply of the Services again; or
(ii) payment of the cost of having the Services supplied again.
(d) Without limiting the generality of the foregoing, the Company shall in no circumstances be liable for indirect or consequential loss or damage arising from the service it provides including loss of market, loss of profit or loss of contracts howsoever caused. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Company for loss or damage whether the action be found in contract, bailment, tort or otherwise notwithstanding any breach of the contract or condition hereof by the Company.
(e) It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
(i) Any claim for loss or damage must be lodged on the App to the Company within 7 days of the loss or damage occurring;
(ii) Any right to any legal remedy against the Company shall be extinguished unless legal proceedings are brought against the Company in the state where the Move was performed and not otherwise within 6 months from the date of this contract or the date the Goods were delivered or should have been delivered, whichever date occurs first.
14. (a) At no additional cost to the Customer, when the Customer completes its request for a Move which is accepted by a Mover pursuant to the App, the Customer receives Transit Insurance cover for the Goods during the Move
(b) The Transit Insurance covers loss or damage to the Goods during the Move where indemnity is limited to:
(i)$1,000 per any Move consisting of one item only. The excess is $100 of which the Mover is responsible for the first $50 of the excess in respect of any claim on the insurer.
(ii) $10,000 per any Move consisting of multiple items with $1,000 per item. The excess is $1,000 where the Mover is responsible for the first $250 of the excess in respect of any claim on the insurer.
(c) The Company arranges the Transit Insurance as agent of the Customer through a licensed insurance broker with an insurance company
(d) The Transit Insurance is subject to the terms, conditions and exclusions of the policy of insurance of the insurance company and the terms and exceptions advised by the Company.
(e) The Customer is required to review and accept the terms, conditions and exceptions of the Transit Insurance Policy and Policy Schedule of the Company when prompted for review by the App.
(f) Should such insurance company dispute liability for any reason, the Customer as the insured shall have no recourse against the Company whatsoever and any recourse by the Customer shall be against the insurer.
(g) Except for such insurance so arranged, no insurance will be arranged or effected by the Company on the Customer’s behalf. Given the rights of the company to exclude or limit liability pursuant to sub-paragraphs (a) to (e) of the above provision and the rights of the Mover to exclude or limit liability according to its terms and conditions issued, the Customer should seek its own insurance cover for loss, damage or liability it may incur including pursuant to these terms and conditions.
Fees, Charges, Payment
15. (a) The Customer agrees to pay the Company all fees and charges (plus GST) in respect of the Move.
(b) The App provides the Customer with the option to choose a truck size used by the Mover where each size has a specific hourly rate, or part thereof, in respect of use. An estimate of the cost of the Move is provided for a fully loaded truck when the Customer completes its request for the Move on the App. The Customer acknowledges and agrees that this cost is an estimate only and may increase or decrease upon completion of the Move depending on, but not limited to: the actual quantity, volume, weight of the Goods; whether the Goods require dismantling and/or reassembly; the ease or difficulty of access to the property; the proximity of the Truck to the Goods, and/or any other additional costs/expenses or time that may reasonably be incurred by the Mover through no fault of its own in arranging or performing the Move. There are minimum charge out periods per truck. Further operational, billing and costing conditions apply and are incorporated herein and can be viewed on the FAQ section of the website and the Help section of the App.
(c) Upon completion of the Move or if the Move is not completed because of no fault of the Mover, the fees and charges payable will be debited from the Company’s credit card as uploaded by the Customer on the App when requesting the Move.
(d) If the Customer requests a Move on the App which is not accepted by a Mover or which the Customer subsequently cancels prior to the request being accepted by a Mover on the App, then the Customer will not be charged any fees or charges for placing the request or its cancellation respectively.
(e) If the Customer requests a Move prior to 48 hours of the time of the Move requested on the App and a Mover accepts the Move which the Customer subsequently cancels, the Customer will be charged a cancellation fee unless the Customer cancels the Move on the App no less than 48 hours prior to the time of the Move requested and agreed by the Mover on the App.
(f) If the Customer requests a Move within 48 hours of the time of the Move requested on the App and a Mover accepts the Move which the Customers subsequently cancels, the Customer will be charged a cancellation fee unless the Customer cancels the Move on the App within 5 minutes of the Mover accepting the Move on the App. The specific cancellation fees applicable can be viewed on the FAQ section of the website and the Help section of the App.
Law and Jurisdiction
16. (a) Any dispute arising under this Contract shall be governed by the laws of, and shall be determined exclusively by the courts of, the state in which the Move is performed.
(b) A reference to any law includes a statutory modification, substitution or re-enactment of it.
17. By booking a Move on the App, the Customer accepts the Company’s services subject to these terms and conditions and agrees that it did not rely on any representation, promise, warranty or condition of the Company not expressly made (in writing) part of this contract.
Severance & Waiver
18. It is hereby agreed that if any provision or part of any provision of this contract is unenforceable, such unenforceability shall not affect the application of any other part of such provision or any other provision hereof. Further, should the Company elect not to exercise any of its rights under this contract, under any other contract/agreement or under law, such election shall not constitute a waiver of any rights relating to any other or subsequent breach by the Customer.
Inconsistency & Priority
19. (a) To the extent of any inconsistency of enforceable terms or a part thereof herein, these terms will prevail over any other terms issued by the Company or Customer.
(b)The use of the Customer’s own form is no derogation to these terms and conditions.
20. **(a)** These terms do not affect the Customer’s rights pursuant to Schedule 2 of the Competition & Consumer Act 2010 (Cth)(“CCA”) including when the Customer is a “Small Business” and this agreement with the Customer is a “Small Business Contract” – all quoted terms as defined under the CCA. To the extent that any term or a part thereof is rendered inapplicable or void by the CCA or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.
(b) If the Customer is a “Small Business” and this agreement is a “Small Business Contract” respectively as defined under the CCA, the Company and Customer agree that:
(i) the Company’s rights to exclude, limit and/or otherwise restrict its liability in Clause 13 above are based on a low-cost rate service and that if the Customer does not choose to proceed on this basis, it can seek the services of an alternative service provider for its Move.
(ii) the Customer’s indemnity referred under Clause 12 above will not apply to the extent that the claim, loss, damage, payment, expense, cost or other liability incurred by the Company resulted from the negligence, recklessness or wilful act of the Company, its servants or agents.
(iii) The Customer’s right to exclude liability for indirect or consequential losses referred in Clause 13(d) above will not apply in circumstances where the Company, its servants or agents actually knew that such loss or damage could be incurred.
Reasonable Care/Force Majeure
21. Where the Company is unable to carry out any obligation under the contract or any loss or damage is caused to the Customer or otherwise due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) or its exercise of reasonable care, the Company shall be excused and released from such obligations or liability to the extent of such prevention, restriction or interference so caused