MOVESAVERS TERMS OF SERVICE
YOU (‘THE USER’) ACCEPT THE TERMS OF SERVICE (‘THE TERMS’) BY ACCESSING THE WEBSITE.
THE USER ACKNOWLEDGES UNDERSTANDING OF THE TERMS BY AGREEING TO THE TERMS.
THE USER MUST NOT ACCESS MOVESAVERS IF THE USER DOES NOT AGREE WITH THE TERMS IN FULL
The current Terms of Service (‘the Terms’) constitute part of an agreement (‘the Agreement’) made between the User (‘the User’) and MoveSavers Ltd (‘MoveSavers’) concerning the use of MoveSavers website (‘the Website’)
Account refers to an account being opened in the User’s name on the Website after successful registration.
A Party refers to a User (including either a Customer or a Transporter)
User Content refers to text and images that the User creates and publishes on the Website in any way.
The Website refers to http://movesavers.co.uk/
The use of a singular term in the Terms also incorporates the plural, and vice versa.
3.0 Operator contact details and notice
MoveSavers is a registered corporation in the United Kingdom. The contact details of MoveSavers are as follows
20-22 Wenlock Road,
London. N1 7GU
4.0 Intellectual property
4.1 MoveSavers Content
Trademarks and creative works on the Website are the property of MoveSavers. To be clear, at least the structures, infrastructure, systems, software, databases and other Content of any kind remain the intellectual property of the MoveSavers. To be clear, persons may not record, copy, or re-use, or perform a related task, in relation to intellectual property. Unauthorised use of intellectual property may result in litigation.
To be clear, the User may print one copy of any page from the Website for the User’s personal use.
The User must refrain from modifying paper or digital copies of materials the User has printed or downloaded.
The User must acknowledge MoveSavers status as the authors of material on the Website.
The User must refrain from using the materials on the Website for commercial purposes without obtaining a licence to do so from MoveSavers or MoveSavers licensors.
5.0 Right to access/contract
5.1 User representation of full legal capacity
The User represents that he or she is a natural person, or a corporate personality, with full legal capacity to us the Services in a manner that is consistent with the terms provided in the current Agreement.
5.2 Minors – prohibited to contract
To be clear, the User represents that he or she has reached the age of majority, at least 18 years of age, in the jurisdiction where he or she uses the Service. To be clear, minors, defined as persons aged younger than 18, are ineligible to contract with the MoveSavers.
6.0 Accessing the Website
The User acknowledges
a) access to the Website is permitted on a temporary basis.
b) MoveSavers reserves the right to withdraw or amend any or services MoveSavers provides on the Website without notice.
c) MoveSavers will not be liable for any unavailability of the Website under any circumstances
d) MoveSavers may restrict access to parts of the Website.
In the event, the User chooses, or is provided with, information as part of MoveSavers security procedures, the User must treat such information as confidential, and the User refrain from disclosing such to any third party.
MoveSavers reserves the right to disable any MoveSavers identification code or password, whether chosen by the User, or allocated by MoveSavers, at any time, if in MoveSavers opinion the User failed to comply with any of the provisions of the Terms.
The User is responsible for
a) making arrangements necessary for the User to have access to the Website
b) for ensuring that persons who access the Website through the User’s internet connection are aware of these terms, and that they comply with them.
7.0 Content on Website
The User is legally responsible for the Content that he, she or it, in the case of a body corporate, posts on the Website.
The User provides full permission to MoveSavers to edit, translate and distribute Content posted on the Website by the User to support good faith performance of services.
The User understands that alterations to the Content of the User carried out by the Website may result in a degradation of the quality of Content.
The User understands and ensures that Content posted by the User is ethical and lawful.
The User will refrain from posting Content inappropriate for a general family audience.
Inappropriate Content includes Content that could be defined as
- pornographic Content
- discriminatory Content (including direct or indirect ageism, sexism, racism)
- defamatory Content
- offensive Content
- third party Content being used without full permission
- Content that is harmful to third parties
- copyright infringing Content
- misleading Content
- false Content
- Content offering illegal or unethical services
- Content harmful for computer systems (including viruses, malware, and related Content)
8.0 Prohibited Uses
The User understands that using the Website for the following purposes, and related purposes, is strictly prohibited.
Using the Website
- for commercial solicitation
- to improve the SEO of a third party site
- for diverting services from the current site to another provider
- for fraudulent purposes
- in a way that prevents or slows the continuity of service on the Website
- to make money through selling, or licensing, or a similar activity relating to or a part of the services.
- for illegal, unethical or otherwise inappropriate purposes (as determined solely in the discretion of MoveSavers)
In the event of a User breach of any the clauses in the Terms (as determined solely in the discretion of MoveSavers); MoveSavers reserves the right to;
a) suspend and/or prevent access to services of the breaching User and related persons without notice, and/or
b) remove Content posted on the Website without notice, and/or
c) publish any announcement in relation to the breach and the User that the Website deems appropriate, and/or
d) notify suitable authorities, and/or
e) initiate litigation
10.0 User’s liability
The User holds full responsibility for the integrity, truthfulness, and appropriateness of the content the User publishes on the Website.
The User holds full responsibility for any implications and consequences arising from the event of posting content on the Website.
The User must assume full responsibility for arrangements to conclude sales of goods and services.
The User will not hold MoveSavers liable for any matter arising out of the Content of that User or the Content of other Users.
The User acknowledges that the bulk of Content is outside of MoveSavers practical control, and agrees to not hold MoveSavers responsible for any warranties, statements, and representation concerning products and services advertised on the Website.
The User agrees to not hold MoveSavers liable for damages even in circumstances where MoveSavers could have reasonably foreseen such damage as likely.
Notwithstanding this section, in the event MoveSavers is found liable to the user or a third party, the liability will be limited to £100.
13.0 Right to amend the Terms
MoveSavers reserves the right to amend the agreement at any time upon providing notice to the User. Notice will take the form of a generic announcement on the Website.
MoveSavers may revise the Terms at any time by amending this page.
The User is expected to check this page from time to time to take notice of any changes MoveSavers have made.
14.0 Complaints, concerns
In the event, the User has a complaint or concern about Content that appears on the Website, please contact firstname.lastname@example.org
15.0 MoveSaverss, express limitations
MoveSavers does not provide any transport services whatsoever.
MoveSavers role is to provide a forum where potential buyers of transport services (‘the Customers’) and businesses which provide transport services (‘the Transporters’) can find each other.
MoveSavers does not provide any assurances as to the ability of a Party to perform its obligations under a contract.
16.0 Legal contract between Users
The resulting legal contract is between a Customer and a Transporter is subject to the terms of the Invitation to treat of the Customer, and the offer of the Transporter.
17.0 Use of the Website
It is intended that the Website is used as follows
Customers post requirements they have for transport services on the Website (‘Invitation to treat’)
Transporters offer their services on their own terms (‘the Offer’) in response to any Invitation to treat.
Customers accept the terms of the Transporters, and a legal contract is formed,
Customers and Transporters negotiate
Invitations to treat may be moderated. It will be at MoveSavers discretion to determine whether an Invitation to treat falls within MoveSavers Content Standards.
MoveSavers cannot guarantee how quickly Invitations to treat will be posted on the Website.
18.0 Invitations to treat, provisions concerning
Invitations to treat may not relate to the transport of any goods whose transport is prohibited by law.
In the event, Invitations to treat concern the transport of hazardous goods or other goods, including animals, whose transport is restricted by law, such goods must be packaged correctly, and the Invitation to treat provides
a) The nature of the goods
b) The details of the transport method required to comply with relevant laws and regulations.
Full responsibility for compliance with any laws and regulations in relation to the transport of any goods lies with the parties to that agreement.
Parties transporting goods in breach of any such laws or regulations may be subject to regulatory and/or criminal penalties.
19.0 Provisions concerning contact details
Users are not permitted to include contact information for the purpose of soliciting sales outside the Website.
Transporters are required by the Electronic Commerce (EC Directive) Regulations 2002 to display contact details, including the geographic address at which their business is established.
20.0 Transporters, provisions concerning
a) honour a contract formed with a Customer;
b) provide the services for which payment was accepted; and
c) where applicable, include VAT payable by the Customer for the transport services in any Offer.
Transporters are prohibited from
a) bidding against their own Offer, or have associates, or employees do so;
b) misrepresent services by not meeting the terms and services description outlined in the Offer;
c) refusing to accept payment for a service if their Offer is accepted; excluding extenuating factors within the boundaries of the law;
d) attempting to contact Customers directly or make their business identity or contact information available to Customers
e) placing fabricated Offers in attempt to avoid website fees
In relation to clause 20e, MoveSavers reserves the right to charge the equivalent to what the fee should have been based on the agreed amount.
In the event no bid has been placed or price agreed, MoveSavers will determine the Deposit Fee/fee price based on MoveSaverss market value.
Transporters must hold relevant insurance documents, allowing them to operate legally within their relative locations and carrying the goods quoted for.
MoveSavers reserves the right to spontaneously check with third parties whether Transporters still hold valid insurance policies and licenses.
21.0 Customers, provisions concerning
Customers are prohibited from:
a) submitting their own Offers to decrease Offers made by Transporters. The Transporter bidding for the provision of services must be independent from the Customer of those services.
b) causing a transaction or offer to buy or supply transport in response to a Customer's Invitation to treat on the Website to be contracted outside of the Website.
MoveSavers does not provide due diligence on any other User.
Per transaction, Customers and Transporters can choose to rate each other by leaving Ratings. Customers and Transporters can leave a positive, negative, or a neutral rating, plus a short comment.
Ratings are used to determine Ratings Scores. In most cases, The Users receive:
+1 point per positive rating
No points per neutral rating
-1 point per negative rating
Transporters are not permitted to include in their Offers or terms of sale any conditions that limit or restrict the Customer from leaving Ratings.
Customers are not allowed to threaten Transporters with negative Ratings or neutral Ratings in order to obtain goods or services not included in the original Customer Listing.
Transporters may not require Customers to leave specific Ratings.
Ratings comments must comply with rules on Ratings listed on the Website.
MoveSavers reserve the right to remove or modify Ratings left by either the Customer or transporter without prior consent of either Party.
The Website is free to use for Customers.
MoveSavers reserves the right to charge a Deposit fee (‘the Deposit Fee’).
The Deposit Fee is payable by a Customer when an Offer is accepted. The Deposit Fee will be listed on the Website, and Customers who accept a transaction with a Transporter will be deemed to have accepted the Deposit Fee. The Deposit Fee amount payable is deducted from the total value of the bid displayed to the Customer upon acceptance.
The outstanding balance due is to be paid by the Customer directly to the Transporter in accordance with the terms and in a manner as agreed between both parties.
MoveSavers will determine the Deposit Fee as a percentage of the agreement between Customer and Transporter.
On accepting any Offer the Customer must pay the Deposit Fee to MoveSavers. MoveSavers receives such as agent for the Customer.
Transporters are responsible for the collection and payment of VAT associated with the supply of services to Customers.
MoveSavers may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Website.
Transport contracts are formed between Customers and Transporters.
The negotiation and agreement of any cancellation and its consequences are matters for the contracting parties.
In the event, a Transporter cancels prior to performance of a transport contract, the Customer can contact MoveSavers for a refund.
Please allow 5 working days for refund.
When a job is listed as flexible and the Customer’s job is not completed within a maximum of 14 days dependent on the selected, the listing will be removed and the prepaid Deposit Fee refunded.
25.0 Business relationship, no agencies
Nothing in these Terms creates any agency, joint venture, or partnership relationship between MoveSavers and a User. The Users will not hold themselves out as implying any such legal relationship with MoveSavers.
26.0 Dispute resolution
In the event of a dispute, MoveSavers and Users agree to keep channels of communication open with a mind of negotiate an outcome in good faith.
In the event, a dispute is unable to be solved through negotiation; the parties agree to undergo arbitration.
27.0 Exclusive jurisdiction
This Agreement is governed by the laws of England, and the Parties agree to be bound by the exclusive jurisdiction of the courts of England.
28.0 Parole Evidence rule
The current Terms supersede previous terms.