ALLMOVERS PTY LTD.
Vehicle Transportation Terms and Conditions
This contract is between you (“you”) or “your”) and Allmovers Pty Ltd (“Allmovers”, “us”, “we”, or “our”). This contract states the terms on which Allmovers will supply services to you under the Trading name of “Movers Center”. In this contract, you are our customer, i.e., the person engaging our services. Usually (but not always), you are the person specified as the sender/receiver on the Quotation or Booking Form. Where a booking for our Services is made using our online booking portal, you acknowledge acceptance and are bound by these Terms and Conditions.
1. Definitions
a) “Agreement” means the present Terms and conditions agreed and accepted between Allmovers and customers.
b) “Application” means the mobile application built, operated and managed by Allmovers Pty Ltd under the name and style of Movers Centre.
c) “Booking Form” means the form that is to be filled up by the customer before the booking of services.
d) “Customer” means and includes all the persons visiting the mobile application/website to undertake the services.
e) “Services” means and includes the service of transportation of vehicles from pickup destination to delivery destination through the Vendors.
f) “Vehicle” means and includes Bike, Caravan, Convertible, Hatchback, MUV/SUV, Pickup/Ute, Salvage/Tow, Sedan, Tractor, Trailer, Van/Minivan or Wagon.
g) “Transport Partner” means and includes employees, drivers, and transporters on the payroll of the company or on a hire or sub-contract basis.
2. Common Carrier
We are not a common carrier and do not accept any liability as a common carrier. We may refuse to handle, transport or store vehicles for you for any reason whatsoever.
3. Acceptance
By registering on, accessing, browsing, downloading or using and clicking on the “I ACCEPT” button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE APPLICATION. If at any time you do not accept or agree with any of the User Terms or do not wish to be bound by the User Terms, You may not access, browse or avail services of our Application/ Website and immediately terminate your availing services from the Application/ Website. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ALLMOVERS IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION AND SHALL BE GOVERNED BY THE LAWS IN FORCE IN THE STATE OF VICTORIA, AUSTRALIA.
4. Consumer
(a) If you are a consumer as defined in the Australian Consumer Law, this Contract does not affect any non-excludable rights you may have as a result of the Australian Consumer Law. If your contract with us is a “consumer contract” as defined by the Australian Consumer Law, there will be certain consumer guarantees deemed to apply to this agreement which cannot be excluded.
(b) In accordance with our rights under that legislation, however, any such guarantees are limited:
i. In the case of the supply of goods, to one or more of the following:
a. The replacement of the goods or the supply of equivalent goods;
b. The repair of the goods;
c. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. The payment of the cost of having the goods repaired; or
ii. In the case of Services;
a. The supplying of the Services again; or
b. The payment of the cost of having the Services supplied again.
5. Registration and Account
To have full access and rights of our application/ website, the user needs to create a user account providing mandatory personal details and undergo Email based verification by us. You shall ensure that the Registration Data provided by you during the registration process is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect data provided by you during the registration process.
It is your responsibility to check and ensure that you download the correct mobile application for your device from the Google play store or App Store and visit the correct website. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application or use the Incorrect website. We reserve the right to terminate the Services and the use of the Application/Website should you be using the Application with an incompatible or unauthorised device.
You are solely responsible for maintaining the confidentiality of the Registration data and account details (User Id and Password) and shall be liable for all activities that occur through your User Account, whether initiated by you or any third party. Your Account can not be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using Your Account, either with or without your knowledge.
You hereby expressly consent to receive communications including promotional content from us through your registered phone number and/or e-mail id. You may, upon availing or attempting to avail of the Services from us, receive messages on your mobile phone from the Platform/Transport Partner regarding the details of your Services.
Except for the Registration data provided or any other information and data submitted by You during the use of the Application, we do not want You to, and You should not, send any confidential or proprietary information to us on and through the Application or otherwise, unless otherwise it is required by Applicable Laws. In accepting these User Terms, You agree that any information or materials that you or individuals acting on your behalf provide to us other than the Permitted Information will not be considered confidential or proprietary. We will use the Permitted Information in accordance with the Privacy Policy posted on the application/website.
In case of any unauthorized use of Your Account, please immediately reach us at support@moverscentre.com.au.
In case, You are unable to access Your Account, please inform Us at support@moverscentre.com.au and make a written request to block Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account and shall not have any liability in case of Force Majeure Event.
6. Our Charges
The customer is duty bound to pay the following charges;
a. The charges for transportation of the vehicle on a per kilometre basis and any other charges as agreed between the Transport Partner & Customer at the time of booking.
b. The charges are to be paid at the time of booking or collection of the vehicle by us through Debit/Credit Cards only.
c. All the government regulatory taxes, GST as may be applicable from time to time, including any state or interstate taxes levied at the time, during or after the transportation of the vehicle.
d. In addition to charges, we in our absolute discretion, charge customer the following:-
i. In the event the customer wants to cancel the order place, then a flat cancellation fee of $100 + GST shall be charged by us and the balance amount, if any, shall be refunded back to the customer to the Debit/Credit card used by the customer.
ii. Penalties/fees for failed pickup/ delivery attempts made by the Transport Partner;
iii. Additional expenses incurred for wrong/incorrect declaration by the customer about the vehicle and its dimensions, size, quantity, description or modifications to the standard of the vehicles, e.g. roof racks, bull bars, lowered suspensions etc.;
iv. Storage Charges for unsuccessful/ failed delivery at the place of delivery.
v. Our costs to cover the total value of the original booking charge plus any additional costs if you fail to notify us of any alteration of the vehicle collection address or delivery address at least three (3) business days before the vehicle is in transit;
vi. Any cleaning charges or costs incurred by us if required for the purpose of any quarantine inspection;
vii. Interest at the rate under the Penalty Interest Rates Act 1983 (Vic) if any charges are not paid on the due date for payment.
viii. Waiting charges for the time we spend waiting at the pick-up or delivery locations in the event of delay due to the fault of the customer;
ix. In the event that taxes applicable to this Contract are increased or decreased, the Rates and any Charges will be adjusted accordingly.
x. Unsuccessful pick-up/delivery charges of $150 + GST shall be payable by the customer in the event our transport partner reaches the pick-up/delivery location and fails to pick up or deliver the vehicle due to the following reasons
i. Wrong description of the vehicle;
ii. Having personal belongings in the vehicle which is not part of the standard vehicle fittings
iii. Customer not responding to communication initiated as part of the order by Movers Centre or Transport Partners;
iv. Non-compliant vehicle for interstate transport orders in reference to relevant state quarantine requirements
e. The charges shown on the application/website are estimates of the charges charged by us. The final charges shall only be known at the time of delivery and shall vary according to vehicle type and or any additional fittings required such as bull bars, roof racks etc. All additional vehicle fitting to be used shall be charged on the actual basis, and in the event customer disagrees, that shall be considered as unsuccessful pick-up/ delivery and liable to cancellation charges.
7. Customer Promises
The customer hereby undertakes and promises that;
a) Before handing over the vehicle to the vendor, the customer has removed all personal effects from the vehicle with the exception of a child restraint seat (but not a booster seat) which is properly fastened or affixed to the interior of the vehicle in accordance with requirements of the law; Any-retracting aerials must be removed and placed in the boot of the vehicle or securely strapped down below the height of the roof.
b) Any personal effects not removed shall be transported at the sole risk of the customer;
c) Customer shall be personally liable for mechanical or electrical issues prevailing at the time of handover of the vehicle to the vendor.
d) You undertake and confirm that you are the sole owner of the vehicle or if there are other owners, you act as their agent, and they agree to handle, transport and storage of the vehicle on the terms of this Contract.
e) You, or a person with authority to act on your behalf, have completed the Quotation or Booking Form, Vehicle Inspection Report and any declaration regarding Dangerous Goods accurately, and you have provided us with accurate information;
f) The vehicle is presented in a safe condition to withstand handling, transport, and storage, shall not have broken windows and should be at least 12cm from the road surface.
g) You have complied with all laws in connection with the vehicle to ensure that it can be lawfully handled, transported or stored;
h) Customer Promises that all information provided by the customer is truthful and that the customer is aware of the NHVR Chain of Responsibilities (COR) requirements.
i) That the customer is aware that Tasmania and Western Australia have strict quarantine regulations to prevent the introduction of exotic pests, diseases and weeds found in other Australian states and territories. If the customer is transporting a vehicle to either Tasmania or Western Australia, the customer's vehicle MUST be thoroughly cleaned before collection by our Transport Partners to pass AQIS inspection. Ensure all mud, plant material and insects are removed from the vehicle, checking particularly windscreen-wiper wells, the grill, and under wheel arches. Vehicle delivery will be delayed, and the customer will incur cleaning costs if the vehicle does not pass inspection.
For Western Australia‘s quarantine regulations, see www.agric.wa.gov.au
For Tasmania, see https://dpipwe.tas.gov.au/biosecurity-tasmania/biosecurity/travellers-guide-to-tasmanian-biosecurity-whatyou-can-and-cant-bring-into-tasmania.
j) That if the vehicle is fitted with an alcohol interlocking device, then the customer shall provide an inhaling system otherwise, it could result in an unsuccessful delivery and shall be liable to cancellation fees.
k) To be personally present or make available somebody the customer trusts at both pickup and delivery locations of as pre and post-delivery inspection is to be undertaken. For the safety of the person, the keys shall be handed over to the customer or the nominated person only.
l) That the pick-up/delivery locations are open, free from any encumbrance, and the delivery vehicle can easily reach the delivery spot. In the event, the customer’s pick-up or delivery location is at a place not easily accessible by the Transport Partners vehicle, the customer has to provide an alternate pick-up/ delivery location and any additional charges shall be paid by the customer.
8. Dangerous Goods
a) Dangerous Goods cannot be accepted for transportation.
b) Goods are dangerous if classified by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or if they might injure or damage people, property or the environment. They include goods that may become poisonous, corrosive, volatile, explosive, flammable or radioactive but excludes goods that are inherently part of that vehicle, for example, Petrol in the tank or LP Gas connected to the vehicle.
c) You promise that no dangerous goods have been placed in the vehicle.
d) Whether or not you have told us that any goods are dangerous, you agree that if we, or any of our Transport Partners, consider on reasonable grounds that the goods may cause injury or damage, we or any of them can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable to you for any loss or damage you may incur by reason of our actions under this paragraph. You will always bear all risk of loss or damage arising in connection with a breach of this paragraph by you.
e) You will be liable for any loss or damage caused to our property or other parties’ property as a result of, or in connection with, your breach of this paragraph.
9. Privacy Policy
To effectively provide and introduce any new Services to you, we collect certain information such as your Full Name, phone number, your gender and your e-mail address. We may further request and store additional information. Our Privacy Policy explains how we collect, use, share and store the information collected. The Privacy Policy also details your rights under the law and how you may control the data you provide us.
You provide us with some information about yourself so that we can serve you better. We have described how we store, use and secure this information in our Privacy Policy separately given on the application and on our website.
10. Confidentiality
To the extent that one party receives information from the other party which is inherently confidential in nature, the receiving party agrees not to disclose such information to a third party without the authority of the disclosing party, except to the extent permitted by law or otherwise in circumstances where such information had entered the public domain.
11. User relationship management
• All issues, opinions, suggestions, questions and feedback while availing of our Services may be communicated to us through the email address mentioned on the application.
• Reporting of any issue needs to be within 48 hours of receiving delivery of the vehicle, failing which, such issue will not be addressed.
• Any issue reported on channels other than the email address provided may be addressed by us on a best-effort basis.
• Allmovers and its representatives shall make all endeavour to respond to your issues within 3 (three) working days of your reporting the same and endeavour to resolve it within 15 (fifteen) working days. It is hereby clarified that issues are resolved on a severity basis, and certain may be resolved earlier than others. However, Allmovers shall not be liable for any damages or losses in case of a delay in resolving the issues or grievances raised by the customer.
12. Warranty
(a) Subject to limitations of liability and exclusions set out in paragraph 13, we warrant that it shall deliver the vehicle to the location identified in the Quotation or Booking Form or any other location agreed between you and us, in the same condition that the vehicle was delivered to us at the time of pick up. However, you agree that if we are required to retain possession of the vehicle because you have been unable to accept physical delivery, we will not be liable for the condition of the vehicle if that vehicle has not been collected from us within three (3) days of the agreed delivery date.
(b) Except where liability has been excluded or limited by this Contract or by statute, we will not be liable, and the Transport Partner shall be liable for the losses or damages that occur to your vehicle during transportation.
13. Limitation of liability
a) The services supplied by Allmovers to you are at your risk, and you bear the risk of any damage or losses arising to you and your vehicle during the transportation.
b) The liability towards damage or losses shall be limited to the extent of marine insurance, vehicle insurance and business indemnity insurance held by the Transport Partner involved in the transportation of the vehicle.
c) The liability under this clause excludes the damage to the vehicle not noted or signed at the time of handing over the vehicle to the Transport Partner, pre-existing damages, hail damage, insect damage, bird or bat droppings, stone chips, loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the vehicle, loss or damage to the vehicle or loss or damage caused in connection with a Force Majeure Event
14. Claims for losses in Damages to Vehicle
In the event customer believes that there is any damage or losses caused to the vehicle in the course of delivery;
a) The customer shall note and ensure that the Transport Partner notes such damage electronically at the time of delivery of the vehicle ;
b) Notify us about such damage;
c) not repair your vehicle unless otherwise authorised by our Transport Partner;
d) Send the written claim directly to the Transport Partner.
e) Once the claim is initiated, the Transport Partner or insurance company of the Transport Partner shall take inspection /investigation at its discretion
f) You, as the owner of the vehicle, or as the agent of any other owner(s) of the vehicle, authorise our Transport Partner to settle any claim for loss or damage to the vehicle with the person who has or had sustained the loss or damage to the vehicle.
15. Indemnification
You shall indemnify us, and we shall be repaid at all times for the losses or damages that may occur to the customer from the services availed. You will indemnify us when we receive any written notice of claim in connection with this Contract or the handling, transport or storage of the vehicle from any person other than you. You will indemnify us against any claims in respect of death or injury to any person, loss of or damage to any property, and any fines or penalties incurred by us as a result of your breach of this Contract or as a result of, in connection with, or arising out of personal effects left in the vehicle. You absolutely and unconditionally release and discharge us from any and all claims, demands or causes of action of any kind, nature or description, however arising, which you have had, now have or may have in the future, that relate to the settlement of any claim for loss or damage to the vehicle with the person who has or had sustained the loss or damage to the vehicle.
16. Force majeure
a) We shall not be liable for any failure to perform any obligations under this User Terms if the performance is prevented, hindered or delayed by a Force Majeure Event, and in such case, our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
b) As soon as possible after a Force Majeure Event arises, the party affected by it must, if it has not already done so, notify the other party of the Force Majeure Event and the extent to which the notifying party is unable to perform its obligations under this Contract.
c) For the purposes of this Contract, a “Force Majeure Event” means anything outside that party's reasonable control, including without limitation, fire, flood, drought, hail, storm, lightning, the act of God, peril of sea or air, explosion, sabotage, accident, embargo, pandemic or epidemic, labour dispute or shortage, civil commotion and the act of war.
17. Conflict
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and Allmovers, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
18. Grievance Redressal
This clause outlines the grievance redressal mechanism available to the user for escalating their complaints with Allmovers. Allmovers will deal with all user complaints in a transparent and timely manner. If any user has any grievance/complaint/feedback/suggestion relating to the use of the Application or Website or services provided by the application or website, the user may get in touch at support@moverscentre.com.au. Allmovers shall try to resolve the user complaint on a best effort basis. Further decisions taken by Allmovers and its representatives shall be final and binding. Any dispute that arises between the user and Allmovers out of the complaint shall be resolved amicably or through mediation.
19. Dispute resolution
If any dispute, controversy or claim arises under this Agreement or in relation or connection to any services provided from the Application or Website, including any question regarding the existence, validity or termination of this Agreement or user Terms (hereinafter Dispute), the customer should contact us as per clause 15. We shall make all reasonable endeavours to resolve such Dispute amicably through mediation. We do not commit to following an alternate dispute resolution process. This paragraph shall survive termination of this Agreement.
20. Governing law
This contract shall be governed by the laws in force in the State of Victoria, Australia. This paragraph shall survive termination of this Agreement.
21. Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
22. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms, should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.
23. Modification/ changes of this agreement
We reserve the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time without informing the user. The changes will become effective and shall apply immediately on posting the revised policy on the platform. Users are requested to keep checking the Terms and Conditions for recent updates. If you do not agree with any such change, your sole and exclusive remedy are to terminate your use of our application and website. Your continued use of the Application/Website following the posting of changes will mean that you accept and agree to the changes.
24. Notice
Allmovers may give notice by means of a general notice on the Application or Website or by electronic mail to your registered email address or a message on your registered mobile number. You may contact us by electronic mail at our email address support@moverscentre.com.au.
25. Termination
In the event any of the terms and conditions agreed herein above are breached by the customer, we at all times reserve the right to terminate the contract immediately by providing written notice.
26. General
a. If any aspect of these User Terms is unenforceable, the rest will remain in effect.
b. Any amendment or waiver to our Terms must be in writing and signed by us.
c. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
d. We reserve all rights not expressly granted to you.
e. Customer can assign the rights under this agreement with prior written consent.