Terms of Service
The Company supplies an App which allows the Customer and Mover to contract for the movement of the Goods. The Customer and Mover agree that in using the App they are bound by the Company’s terms and conditions of contract which are as follows:
- “App” means the Company’s application platform that enables a Customer and Mover to connect and contract to Move the Goods and pay for the movement of the Goods.
- “Company” means Moofer App Pty Ltd trading as Moofer (ABN: 51 644 311 697), 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 the Goods.
- “Customer Payment Fee” means the total of all moneys (including GST) charged by the Company to the Customer for the Services, the Move by the Mover and the insurance to cover loss of, or damage to, the Goods during the Move.
- “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.
- “Move” means the carriage of the Goods and incidental services thereto including but not limited to handling, loading, unloading, packing, de-installation, re-installation as requested by the Customer and accepted by the Mover.
- “Move Package” means the type of combination of Mover truck size and number of men agreed for the Move.
- “Move Type” means the type of Move whether a commercial move including but not limited to collection or delivery from/to office, shop, market place OR a domestic move including but not limited to collection/delivery to/from households or in-home furniture moves.
- “Mover” means the carrier that uses the App to connect and contract with a Customer to Move the Goods requested by the Customer.
- “Services” means the Company’s supply of the App and any services relating to the supply of the App.
- 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.
Authority / Value
- The customer warrants that:
- 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 and obtain insurance for loss of, or damage to, the Goods during the Move subject to these terms and conditions in respect of the Services and the terms and conditions of the Mover in respect of the Move.
- the value of the Goods is no greater than $10,000 per shipment and if they are greater, the Customer warrants that it will not make a claim against the Company or the Mover or hold the Company of the Mover responsible or liable in any way and will indemnify the Company and/or the Mover for any loss, damage, expense and/or liability occurring as a result of the Move in relation to such items.
Using the app
- Should the Customer choose to Move its Goods through use of the App, it will be required to enter specific details on the App as set out in Clause 4 below to request the Mover to Move the Goods. In completing the request, the Customer offers the Mover the opportunity to accept the Customer’s offer through the App to perform the Move for the Customer. To the extent that the Company provides information on the App for use by the Customer and Mover, to the extent permitted by law, the Company gives no warranty in relation to its accuracy or completeness and accepts no responsibility or liability in respect there of.
- To request the Mover to Move the Goods on the App, the Customer will be required to take general procedural steps on the APP including but not limited to:
- Download the App from iOS App Store or Google Play.
- Register an account to use the App by making a booking which will prompt an account to be automatically created.
- If already registered, Login to proceed with the booking.
- Select the Move Type.
- Insert the pick-up and delivery addresses.
- 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, parking instructions and the access and ability to lift and Move the Goods.
- Upload photos of the Goods.
- Choose a Move Package. Different rates will apply.
- Choose to collect Goods now or schedule for later.
- Select the Move date and time.
- Choose your Mover.
- Choose your compulsoryl insurance cover options (see Clause 22 herein) which premium cost will be added to the Customer Payment Fee.
- Provide Customer identity details including but not limited to mobile phone number, email address and payment identity details.
- Confirm the details of the booking above if you want to proceed and the Mover will be notified of the booking and will either accept or reject the booking.
- If the Mover rejects the request or there is no response to the request within 5 minutes, the App will automatically cancel the request and another booking can be made requesting a different Mover.
- If the Mover accepts the Move ,the Customer’s credit card will be debited for the first hour’s fee plus the insurance cost which applies in respect of the Move Type, Move Package and declared value selected by the Customer.
- When attending to the pick-up of the Goods, the Customer acknowledges and agrees that the Mover in accordance with its terms and conditions 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:
- reject the Move of one or more of the Goods.
- perform the Move in more than one truckload which the Customer acknowledges and agrees the Mover can do and for which the Customer will be liable for any additional fees and charges incurred.
- require the Customer to sign a waiver in relation to loss or damage of the Goods should the Mover agree to perform the Move.
- Upon completion of the Move as requested by the Customer, the Mover will click the “Complete Booking” button on the App and the App will automatically calculate the total charge based on the duration of the move and debit the Customer’s credit card in relation to the balance of the Customer Payment Fee owed by the Customer to the Company and the Mover pursuant to these terms and conditions.
- From the Customer Payment Fee, the Company will deduct a service fee for the use of the App at a rate of the Customer’s Payment Fee which may be disclosed by the Company on the App from time to time. It will be deducted by the Company prior to the Company remitting the balance of the Customer Payment Fee to the Mover for the Move.
Capacity / Responsibilities
- In supplying the App as a service for use by the Customer and the Mover , the Company does not act as agent for either the Customer or the Mover insofar as such App connects the Customer with the Mover to arrange and pay for the Move. The Company does not offer nor supply any other services in relation to the Move save acting as the Customer’s agent for the lodgement of claims and agent in arranging insurance as set out in paragraphs 12 and 22 respectively below.
- 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 the Company (herein), the Mover (Mover terms and conditions of service provided on the App) and the Insurer (Insurance Product Disclosure Statement and Financial Services Guide provided on the App). 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 terms herein carefully when required by the App prior to finalising its request for the Move.
- The Customer and the Mover acknowledge that when the Customer requests the Mover to Move the Goods on the App, the Customer offers the Mover the opportunity to perform the Move. The offer is accepted when the Customer is notified of the Mover’s acceptance of this offer through the App. On acceptance, the Customer enters into a contract with the Mover as its customer for the purpose of the Move subject to the Mover’s terms and conditions.
- 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.
The Mover's Equipment / Advertisement / Assessment
- For the Customer’s information only and without obligation or liability of the Company in respect of same, the Company prior to the Move will provide the Mover with a list of equipment the Mover will be required to carry in accordance with its vehicle category. The equipment requirement will apply in respect of the Move and every subsequent Move that the Mover performs through the App.
- The Mover will fix a Moofer Partner identification sticker in a prominent exterior location on its vehicle of specific size to suit the vehicle category as required by the Company.
- The Mover will allow the Company from time to time to assess the Mover’s skills including but not limited to:
- item packing and wrapping;
- manual handling and lifting procedures;
- securing, lashing and strapping of items to vehicles;
- proper use of fridge and other trolleys;
- proper use of dollies.
- At the request of the Company from time to time, the Mover will provide its vehicles for assessment by the Company for road and carry worthiness and compliance with the above-mentioned requirements.
- The Mover must at all times maintain the following insurances, unless otherwise agreed by the Company:
- Comprehensive Motor Vehicle Cover;
- Motor Vehicle Third Party Property Damage for a minimum amount of $5,000,000 including cover for Non-owned Trailer liability.
- Public Liability for a minimum of $10,000,000 for third party property damage, personal injury or death caused by negligence of the Mover, its employees or agents during the course of their duties.
- Workers compensation cover for all employees.
- Carrier liability insurance for a minimum of $2,000,000
- The Mover agrees to subject its services and compliance with the above-mentioned requirements to the Company’s performance ratings. The Mover will be required to maintain an overall performance rating of 3.5 stars. The Company has the discretion to remove the Mover from the App should it fail to maintain its overall performance rating of 3.5 stars or above.
- The Company’s above-mentioned periodic assessments and performance rating system are for the Company’s use and benefit only and should not be relied on by the Customer or the Mover. The Company accepts no responsibility or liability in respect of any assessments or ratings.
- Should the Company sustain, receive or incur any claim, loss, damage, payment, expense, cost, fine and/or other liability resulting from the Move or its arrangement, the Customer agrees to indemnify the Company in full in respect of same except in circumstances where such is caused by:
- the provision or operation of the App (excepting when caused by the Customer)
- the Company acting as agent of the Customer in making claim for loss or damage for the Customer against a Mover (Clause 12 herein)
- the Company arranging insurance on the Customer’s behalf (Clause 22 herein).
- the Mover in which case the Mover will indemnify the Company in respect of any such claim, loss, damage, payment, expense, cost fine and/or other liability as aforesaid.
Exclusion and Limitation of Liability
(a) Subject to the terms and conditions in this contract and mandatory applicable statute, convention or law, the Company shall not be for any loss or damage suffered by the Customer or any other person, howsoever caused or arising, whether:
- arising from an authorised or unauthorised act OR contemplated or uncontemplated act under this contract;
- caused by the negligence and/or recklessness or otherwise of the Company, servants, employees, agents or contractors;
- a breach or fundamental breach of contract and/or breach of bailment by the Company, its servants, employees, agents or contractors;
- resulting from, or attributable to, any statement, representation or information, oral or written, made or given on behalf of the Company by 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 the supplying of the Services again or the 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 of liability 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:
- Any claim for loss or damage must be lodged on the App to the Company within 7 days from the date your Move was completed or should have been completed, whichever occurs first.
- 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 9months from the date of this contract or the date the Move was completed or should have been completed, whichever date occurs first.
(a) The Company will arrange insurance (“Transit Insurance”) for the Goods during the period of cover commencing from packing and/or loading as applicable and ceasing on unpacking and/or offloading as applicable as an additional service and cost to the Customer depending on the type of Move chosen, and the value of the Goods declared, by the Customer.
(b) The “Transit Insurance” covers loss 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 office, store and marketplace pickup/delivery type Moves, the insurance will comprise, but not be limited to, the following:
- for cover up to a maximum of $10,000 per shipment;
- with a fixed premium fee of $4 including GST payable by the Customer;
- with an excess payable by the Customer and the Mover of $250 each for each and every claim;
(ii) for house, studio, apartment or any type of household pickup/delivery type Move, the insurance will comprise, but not be limited to, the following:
- for cover up to maximum $10,000 per shipment;
- a fixed premium fee of $35 including GST payable by the Customer for a declared value of the Goods by the Customer up to and including $5,000;
- a fixed premium fee of $70 including GST payable by the Customer for a declared value of the Goods above $3,000 up to and including $10,000.
- excess payable by the Customer and the Mover of$375 each for each and every claim;
(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 should review the terms, conditions and exceptions of the insurance company and exceptions 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.
(h) The Company provides a low cost service on the premise that it has the right to exclude and limit liability and/or seek indemnity as provided for in this Agreement. The Company does not warrant that the Company or the Mover have any specific insurances. Accordingly, 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, Customer Payment Fee
- The fees and charges will be based on the Goods moved and services chosen including but not limited to the Goods Moved, the Move Type, the Move Package and insurance cover as declared or chosen by the Customer on the App.
- The Customer agrees to pay the Company the Customer Payment Fee inclusive of GST. The Customer Payment Fee is calculated by using the total duration of the Move multiplied by the hourly rate of the Move Package selected by the customer plus insurance cost (Clause 22 herein).
- The Company’s operational, billing and costing details and conditions are set out on the APP at the Select a Moofer page which the Company has the right to change from time to time which the Customer and Mover acknowledge and accept and are required to check before making a booking.
- Upon completion of the Move or if the Move is not completed because of no fault of the Mover, the fees and charges payable as the Customer Payment Fee will be debited from the Company’s credit card as uploaded by the Customer on the App when requesting the Move.
- 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.
- If the Customer requests a Move prior to 24 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 of equivalent to half an hour times the selected Move Package unless the Customer cancels the Move on the App no less than 24 hours prior to the time of the Move requested and agreed by the Mover on the App.
- If the Customer requests a Move within 24 hours of the time of the Move requested on the App and a Mover accepts the Move and has changed the in-app status update to “On The Way” which the Customer subsequently cancels, the Customer will be charged a cancellation fee of equivalent to half an hour times of the selected Move package.
- If the Customer requests a Move on the app and the Mover has already arrived at the pickup location as specified by the Customer which the Customer subsequently cancels, the booking is considered as started and the Customer will be charged a minimum of 1 hour of service based on their selected Move Package unless there are issues such as Mover is unable to perform the job or the wrong Mover turned up.
Law and Jurisdiction
- Any dispute arising under this Contract shall be governed by the laws of New South Wales and Australia, and shall be determined exclusively by the courts of New South Wales or at the Company’s choice.
- A reference to any law includes a statutory modification, substitution or re-enactment of it.
- By booking a Move on the App, the Customer and the Mover accept the Company’s services subject to these terms and conditions and each agree that they did not rely on any representation, promise, warranty or condition of the Company not expressly made (in writing) part of this contract.
Severance and Waiver
- 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 select 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 and Priority
- 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, the Mover or Customer.
- The use of the Customer’s own form is no derogation to these terms and conditions.
(a) These terms do not affect the Customer’s or Mover’s rights pursuant to Schedule 2 of the Competition & Consumer Act2010 (Cth) (“CCA”) including when the Customer or Mover is a “Small Business” and this agreement with the Customer or Mover 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 or Mover is a “Small Business” and this agreement is a “Small Business Contract” respectively as defined under the CCA, the Company, the Mover and Customer agree that:
- the Company’s rights to exclude, limit and/or otherwise restrict its liability in Clause 21 above are based on a low-cost rate service and that if the Customer or Mover does not choose to proceed on this basis, it can seek the services of an alternative service provider for the Move.
- the Customer’s indemnity referred under Clause 20 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.
- The Company’s right to exclude liability for indirect or consequential losses referred in Clause 21(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
- 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.