Mover Terms and Conditions

Welcome to Muval

Muval is an online marketplace that matches Users seeking Mover Services (Customers) with Users offering Mover Services (Movers);

Muval Pty Ltd (ABN 12 611 512 559) and its related entities (Muval, we, our or us) provide the Platform and Services via the Site. These Mover Terms and Conditions (Terms) govern the terms on which you may use the Platform (Customer, you or your).

These Terms must be read together with our:

Website Terms of Use (available at: https://www.muval.com.au/terms-of-use)
Privacy Policy (available at: https://www.muval.com.au/privacy-policy)
Cookie Policy (available at: https://www.muval.com.au/cookie-policy)
Service Standards (set out in the Schedule below)

IT IS A CONDITION OF USE OF OUR PLATFORM AND SERVICES THAT YOU READ, UNDERSTAND AND AGREE TO EACH OF THE ABOVE.

All defined terms in these Terms have the meaning given in the Muval Glossary set out in clause 22 below.

1. These Terms

These Terms, along with our Website Terms of Use, Policies and Service Standards together constitute a binding legal agreement between Muval (as provider of the Site and Services) and you (as a Mover) (Agreement).
If you enter into this Agreement on behalf of another person or entity, then references in this Agreement to you will include you and that person or entity.
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:
1. for Users who communicate their acceptance of the amended Terms via the Platform, upon acceptance; and
2. for all other Users, 28 days after the amended Terms are published on the Site.
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

Our Services comprise:

the Platform (see clause 3);
Move Assist Services (see clause 4);
any other products, services, features, contests or promotions offered by us from time to time (Ancillary Products and Services).

3. Platform

Platform
Our Platform is a web-based platform supporting:
1. the Muval online marketplace;
2. a directory of Users;
3. a matchmaking engine;
4. a booking and scheduling engine.
Using the Platform
1. A Mover registers their business on the Platform by creating a Mover Account via our Site, submitting their business details and verifying their contact details. Movers may then sign into the Platform using their Mover Account.
2. Before creating any trips on the Platform, Movers must:
  1. upload Compliant Terms and Conditions for their Mover Services in accordance with clause 1 of the Service Standards (accessed in the Preferences menu via the gear symbol on the Dashboard page); and
  2. provide Muval with documents evidencing that the Mover holds the insurances set out in clause 2 of the Service Standards.
3. Movers may use the Platform to enter their Trip Details, to be matched with Customer requests.
4. A Customer may access the Platform via our Site and use it to submit a request for Mover Services by entering their Move Details.
5. Customers may use Muval’s Inventory Calculator to assist in estimating the required space needed for their Move.
6. The Platform will match the Customer’s request with Movers who have indicated that they can provide the requested Mover Services and present the Customer with a list of Movers, available Move Dates and Quoted Prices for the Move.
7. Once the Customer selects a Mover and valid Move Date, Muval will provide the Customer their selected Mover’s terms and conditions for review (if Muval has been provided with those terms and conditions). It is the responsibility of the Customer to confirm these with the selected Mover before proceeding with booking the Mover.
8. If the Customer wishes to confirm the booking of a Mover, the Customer must acknowledge confirmation via the Platform and authorise the payment of the Move Fee.
9. Upon the Customer’s confirmation of booking and authorisation of payment of the Move Fee:
  1. the Customer will be deemed to have made an offer to engage the Mover to provide the Mover Services;
  2. 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;
  3. the Move Fee will be debited when the Mover has accepted the Customer’s offer; and
  4. Muval has rendered its Services and is entitled to the Mover Service Fee as consideration for such Services.
10. If a Mover is unable to carry out a Move, then the Mover must give reasonable notice to the Customer and Muval. In such circumstances, Muval may assist the Customer with booking an alternative Mover. If the Customer does not wish to engage an alternative Mover, then the Customer’s sole remedy is to cancel the booking for the Move in accordance with clause 14.
11. Once both parties have confirmed acceptance, a contract is created between the Customer and the Mover on the terms and conditions agreed between the Customer and Mover (Removal Contract), and the parties must comply with the terms of that Removal Contract.
12. The Customer and Mover may agree to vary the terms of a Removal Contract, or terminate it, provided that to do so would not cause a breach of our Agreement.
13. Once the Move is complete, the Customer is encouraged to provide feedback via the Platform (if available) and third-party review services.
Move Dates
1. The Move Date for a Move is confirmed once the Mover confirms the Move booking, and the Move Dates are communicated to the parties via a confirmation message (Confirmation Date). Until confirmed, any Move Date provided is a best estimate only.
2. Different payment obligations and refund rights apply to:
  1. bookings where the Customer’s Move Date falls within 5 days (inclusive) of the Confirmation Date (Short Notice Bookings); and
  2. bookings where the Customer’s Move Date falls on a date more than 5 days after the Confirmation Date (Standard Bookings), as provided in clauses 11 to 14.
3. If the Move Dates confirmed for a Move are not suitable or otherwise differ from the dates the Customer has requested, then the Customer may contact you direct to see if alternate dates are possible and more suitable. If you and the Customer cannot agree on a Move Date that works for both parties, then the Customer’s sole remedy is to cancel the booking for the Move in accordance with clause 14.

4. Move Assist Services

Muval may, at its absolute discretion, provide Move Assist Services to a Customer who requests, or accepts an offer from Muval to provide, such services. The Move Assist Services may include:
1. contacting the Customer to obtain Move Details and answer the Customer’s questions;
2. tailoring a service package for the Move, including sourcing a Mover to perform the Mover Services;
3. providing a quote for the Move;
4. monitoring the progress of the Move and providing the Customer with updates; and
5. assisting with issues which arise during the Move.
If, in the course of Muval providing Move Assist Services, a Customer books a Mover and pays Muval the Move Fee, then clauses 30(ix) to (xii) of these Terms shall apply as if the booking, payment and Removal Contract were made by the parties via the Platform.
Additional or alternative terms and conditions, including fees and charges may apply to our Move Assist Services. These will be provided with any quotation for such services.

5. Ancillary Products and Services

Muval may offer Ancillary Products and Services from time to time.
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. Muval's role and obligations

Muval’s role is that of an independent provider of:
1. the Platform;
2. any Move Assist Services offered by Muval from time to time, on the terms and conditions applicable to those Move Assist Services; and
3. any Ancillary Products and Services offered by Muval from time to time, on the terms and conditions applicable to those Ancillary Products and Services.
Muval disclaims all responsibility for:
1. acting as, or on behalf of, any User, except as specifically required to issue invoices and process payment;
2. any aspect of interactions between Users;
3. the use of, accuracy of, or any estimates or quotations made using, the Inventory Calculator Tool;
4. acting as an intermediary between Users, or assisting or involving itself in any dispute between Users, but we may elect to do so (at our absolute discretion) to improve User experience;
5. the capacity of Users, including the ability of Movers to perform Mover Services and the ability of Customers to pay for Mover Services; or
6. the accuracy of any information provided by Users.
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.

7. Mover’s role and obligations

Your role is that of a bona fide service provider using the Platform and Services to offer Mover Services.
In using the Platform and Services, you must:
1. be eighteen or older at all relevant times;
2. comply with these Terms, our Website Terms of Use, our Policies and all applicable laws and regulations;
3. comply with the terms of any Removal Contract you enter;
4. hold all permits, registrations, and authorisations required of a prudent provider of like services, including all relevant business and tax registrations;
5. have the right to work in Australia;
6. 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;
  3. fraudulent;
  4. used in any way that infringes on any proprietary or intellectual property rights; or
  5. in breach of any applicable law.
You must provide us with the current terms and conditions applicable to your Mover Services and must ensure that you give us notice of any changes to your terms and conditions. Once you have communicated acceptance of the Customer’s offer, you agree to be bound to any Removal Contract created on the terms and conditions you have provided on the Platform. You are solely responsible for your obligations under any Removal Contract.
You acknowledge and undertake that you will not approach, solicit or entice any Customer whose information you obtained via the Platform and enter into a contract or agreement for Mover Services, or otherwise attempt to circumvent the Platform, without including the Mover Service Fee which is due payable to us.
In the event that a Customer finds your information via the Platform and requests your Mover Services without using the Platform confirmation process, Muval is still taken to have rendered our Services to you. In this situation, you are obliged to (i) notify us of the Customer’s service request; and (ii) pay us the Mover Service Fee.
If it is discovered that you have approached, solicited or enticed any Customer in breach of clause 7(c) or have failed to follow the process set out in clause 7(d), you will pay Muval all Mover Service Fees that would have been due for that Customer had they been engaged on the Platform and any other Muval Mover Service Fees for that Customer going forward. In addition, Muval will be entitled to terminate any agreement with you under this Agreement in accordance with clause 16(a) which includes suspending your access to the Platform or Services and removing any content you have uploaded to the Platform.

8. Mover Accounts

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.
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.
You grant Muval an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information 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.
If Muval determines at its sole discretion that you have breached any obligation under these Terms, then we reserve the right to remove any Content you have submitted to the Platform, and cancel or suspend your Mover Account or any Moves you have scheduled.

9. Mover Representations and Warranties

You represent and warrant that, at all relevant times:

you are at least eighteen years old;
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);
your business is solvent and financially capable of carrying out any Move you accept;
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;
any information which you have provided to us or submitted via the Platform is accurate;
you and all staff and contractors you engage have the training and capability to provide Mover Services in a good and workmanlike manner and in accordance with all applicable laws;
all vehicles that you use to provide Mover Services are roadworthy and maintained according to all manufacturer and legal requirements; and
you hold appropriate and current insurance, as provided in clause 2 of the Service Standards.

10. Fees and Variations

Quoted Price
On a Customer requesting a Move, we will provide the Customer with the estimated total price of the Move calculated based on pricing information that you have provided us with plus our Mover Service Fee (Quoted Price). Each Mover must ensure that any quotations or pricing information provided to Muval or any Customer reflect a reasonable representation of the Mover Fee to be ultimately charged to the Customer under a Removal Contract. Movers must not impose any deposit or similar charge for Mover Services under a Removal Contract. Muval reserves the right to increase any listed price in relation to a Move on the Platform but will not lower such a price.
Move Fee
The Move Fee is the fee payable for a Move, including the Mover’s fees and our Mover Service Fee.
Mover Service Fee
The Mover Service Fee is our fee charged in consideration for our providing the Services to you. It is calculated as a percentage of your fee for the Move and will differ for each Move depending on a number of factors, including:
1. the Quoted Price;
2. details of the Move; and
3. whether the Move was booked via a Standard Booking or a Short Notice Booking.
Muval will be taken to have rendered our Services to you at the time we confirm the Move booking, and you are obliged to pay the Mover Service Fee at that time.
Payment Service Provider Fees
In order to accept payment, Muval may engage third-party payment services providers. These providers may charge transaction fees, depending on the payment method chosen by a Customer.
Variations
The total Move Fee ultimately payable for a Move may differ from the Quoted Price provided to the Customer upon booking confirmation. This may be due to a variation or adjustment made in accordance with the terms of your Removal Contract (a Variation). A Variation may occur, for example, if:
1. the volume of items to be moved does not match the estimate provided by a Customer; or
2. access to the items to be moved is made difficult by steep staircases or driveways.
Where a Mover identifies that a Variation to the Quoted Price is required, the Mover must give the Customer and Muval reasons for why the Variation is required. Then, the Customer will be asked to approve the proposed Variation. If the Customer approves a Variation, then any resultant increase or decrease in the Move Fee will be applied accordingly.
Muval makes no representations, warranties or guarantees regarding the amount of, or any Variations to, the Move Fee. You are solely responsible for:
1. ensuring that you provide complete and accurate pricing information via the Platform; and
2. understanding and confirming the terms of your Removal Contract with the Customer.
Unless otherwise stated, all amounts set out in these Terms or on the Platform are inclusive of GST.
Confidentiality & Disclosure
The commercial arrangement between you and Muval regarding the Move Fee and Quoted Price is confidential and must be treated as such in dealings with the customer and in public forums.

11. Payment

On the confirmation of a Standard Booking, you authorise Muval to process payment of:
1. the Deposit – at the time of booking confirmation;
2. the balance of the Move Fee – on the date which is 5 days before the Move Date; and
3. any Variations, either refund or additional charge – within 10 days of Muval’s receipt of notice of the Variation demonstrating approval by both parties.
On the confirmation of a Short Notice Booking, you authorise Muval to process payment of:
1. the Move Fee – at the time of booking confirmation; and
2. any Variation – within 10 days of Muval receiving written notice from both parties approving the Variation.
You also authorise Muval to retain the Mover Service Fee from the Move Fee as our fee for service, on the confirmation of a Move.
By using any payment method or providing payment details to pay for the Services you represent and warrant that:
1. you are legally authorised to use such payment method and provide such information, and that all information provided is accurate, complete and current;
2. if you are acting on behalf of a person or entity that controls the payment method, you are authorised by that person or entity to use the payment method; and
3. you have read, understand, and will comply with the terms and conditions of the third-party payment service provider which is processing your payment.

12. Payment Agent

Each Mover hereby appoints Muval as its payment collection agent:
1. for the limited purpose of issuing invoices to Customers via the Platform, on the Mover’s behalf; and
2. for the limited purpose of accepting and processing funds from Customers purchasing Mover Services, on the Mover’s behalf.
In accepting appointment as the payment collection agent of the Mover, Muval assumes no liability for any acts or omissions of the Mover.
Each Mover agrees that payment made by a Customer through the Platform or otherwise, shall be considered the same as a payment made directly to the Mover, and the Mover must provide the Mover Services booked by the Customer in the agreed-upon manner as if the Mover received the payment directly from the Customer. Each Mover agrees that Muval may refund the Customer in accordance with this Agreement.
Each Mover acknowledges that it understands that Muval’s obligation to remit payment to the Mover is subject to and conditional upon successful receipt of the associated payments from the Customer. Muval provides payments to Movers only for such amounts that have been successfully received by Muval from Customers in accordance with our Terms.

13. Cancellations and Refunds

This clause 14 governs the terms on which Muval may refund all or part of the Move Fee, following cancellation of the Removal Contract applicable to that Move.
The rights and obligations arising from the cancellation of a Removal Contract (including refunds of amounts paid under that agreement) will be governed by the terms of the applicable Removal Contract, except to the extent that they are inconsistent with our Agreement.
Other than as specifically set out in these Terms, and subject to your rights under any Non-Excludable Conditions, all fees and charges payable under these Terms are non-cancellable and non-refundable.
Customer Cancellations:
1. If the Customer has made a Standard Booking and then cancels the Removal Contract:
  1. within 48 hours of the booking confirmation; or
  2. at least 21 days before the applicable Move Date,
  then you must refund the Move Fee to the Customer within 10 business days.
2. If the Customer has made a Short Notice Booking and then cancels the Removal Contract, then the Move Fee is non-refundable.

14. Our Liability

To the maximum extent permitted by law:

Muval disclaims all implied warranties, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
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:
1. the availability or otherwise of the Platform or Services or your suspension from access to the Platform or Services;
2. 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;
3. any transaction of any kind between Customers and third parties; or
4. any damage of any kind to property, or personal injury, caused or incurred by any User.
Muval disclaims all liability for indirect, incidental, or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings).
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.
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.
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 the maximum extent permitted by law, you will be responsible and liable to us and to any User 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, or any relevant User, arising out of, or in any way connected with:

your use of the Platform or Services;
your breach of this Agreement;
your cancellation, early termination or breach of a Removal Contract, including any failure to arrive on the Move Date;
your breach of any applicable laws;
damage to third-party property or personal injury of any kind caused by your acts or omissions in performing Mover Services; or
disclosure of confidential information relating to Muval and its business operations.

16. Termination

Muval may at its absolute discretion immediately terminate any agreement with you under our Agreement 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.
Termination of our Agreement does not affect any Removal Contract that has been formed between Users.
Clauses 8, 10, 14, 15, 16, this clause 17, 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 our Agreement are governed by the law of Queensland, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

18. Notices

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

19. General Provisions

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.
Other Acts: Each party must:
1. use its best efforts to promptly do all things reasonably necessary to give full effect to these Terms; and
2. obtain and maintain all consents, approvals, and authorities necessary for any party to perform its obligations under these Terms.
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.
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.
Costs: Each party will pay their own costs in relation to these Terms.

20. Interpretation

The following rules apply unless the context requires otherwise:

Headings are for ease of reference only and do not affect interpretation.
The singular includes the plural and vice versa, and a gender includes other genders.
If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
A reference to a person, corporation, trust, partnership, unincorporated body, or other entity includes any of them.
A reference to a clause is a reference to a clause of this document.
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.
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).
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.
A reference to conduct includes, without limitation, an omission, statement, or undertaking, whether or not in writing.
A reference to dates and times are to those dates and times in New South Wales.
A reference to “dollars”, “$”, or an amount of money is to Australian currency.
The meaning of general words is not limited by specific examples introduced by “including”, “for example”, or similar expressions.
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:

Agreement: means the agreement between Muval and each Mover, comprised of these Terms, the Service Standards, our Policies and other terms which may apply in respect of the specific Services which we provide.
Ancillary Products and Services: has the meaning given in clause 2(d).
Compliant Terms and Conditions: means terms and conditions of a Mover that meet the minimum requirements set out in clause 1 of the Service Standards.
Customer: means a User seeking Mover Services via the Platform.
Deposit: means, in respect of a Move, a charge representing 30% of the Move Fee for that Move.
Move: means the removal, freight or transport by a Mover of Customer goods from one address to another, or otherwise as part of one job, undertaken by a Mover.
Move Assist Services: has the meaning given in clause 2(b).
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: means a User offering Mover Services via the Platform.
Mover Account: means any account which you hold on our Platform.
Mover Service Fee: means that part of the Move Fee that Muval charges a Mover as payment for the Services.
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 Cover: means insurance products and services offered via the Platform.
Non-Excludable Condition: means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
Platform: means the web-based platform operated by Muval and described in clause 3.
Removal Contract: has the meaning given in clause 3(x).
Services: means the provision of Muval’s Platform, Move Assist, and Ancillary Products and Services.
Site: means www.muval.com.au and any associated subdomains.
Terms: means this document, the Mover Terms and Conditions.
Trip Details: means the combination of the transport details (for example capacity and vehicle registration) and details of availability for trips (for example locations and timing).
Users: means any users of Muval Services, including both Customers and Movers.

SERVICE STANDARDS

Compliant Terms and Conditions
Unless alternative arrangements are agreed by Muval, the terms and conditions applicable to your Mover Services must meet the following minimum conditions:
1. two trained removalists must be allocated for each Move;
2. each Move includes full-service loading and unloading of the removal vehicle; and
3. all goods in transit must be adequately secured and protected with heavy blankets.
Insurance requirements
At all relevant times during a Move, a Mover must hold:
1. goods in transit insurance;
2. public liability insurance; and
3. workers compensation insurance,
each of which are current, cover the Mover and its staff and contractors in all regions and locations that the Mover providers Mover Services and provide coverage that Muval considers, in its absolute discretion, adequate.
1. You indemnify Muval from any loss, claim or costs (including any and all legal costs) arising in relation to any breach of clause 2(a) of these Service Standards.
2. Muval may take out insurance from time to time and that insurance may extend some types of cover to Users. However, Muval does not represent or guarantee that any of its insurance policies will cover Users. Muval reserves the right to change the terms of its insurance policies with its insurance providers at any time and without notice.
Unacceptable conduct
You must not, under any circumstances, engage in any act that is, or could reasonably be interpreted to be, harassing, threatening or abusive to Muval, our employees and representatives, or any other User.

Last updated: 26th November, 2024