Terms of Use

These Terms of Use (Terms) form a binding agreement between you and [COMPANY NAME], NZBN [NZBN], of [REGISTERED ADDRESS] (MoveMate, we, us, our).

They apply when you create an account, and whenever you access or use the MoveMate website and services (the Platform). If you do not agree to them, you must not use the Platform.

You must be at least 18 years old and able to enter into binding contracts. We may ask you for proof of age at any time.

The Platform is for use in New Zealand. Both the pick-up and the delivery point of a Shipment must be in New Zealand.

If you use the Platform on behalf of a business, you warrant that you are authorised to bind that business, and references to you include it.

These Terms apply alongside any policy we publish on the Platform. Where a policy conflicts with these Terms, these Terms prevail.

In these Terms:

• (a)Bid means an offer by a Transporter to carry a Shipment for a stated amount.
• (b)Booking means the record created on the Platform when a Customer accepts a Bid.
• (c)Customer means a Member who posts a Shipment.
• (d)Deposit means the amount payable to us under clause 9 when a Bid is accepted. It is our fee.
• (e)Job Price means the amount of the accepted Bid, being the total the Customer pays for the job.
• (f)Member means any person with a MoveMate account. Every Member may act as both a Customer and a Transporter.
• (g)Platform means the MoveMate website and any related service we provide.
• (h)Shipment means a job posted on the Platform by a Customer.
• (i)Transport Agreement means the contract between a Customer and a Transporter for the carriage of a Shipment.
• (j)Transporter means a Member who bids for or carries a Shipment. The Platform refers to Transporters as MoveMates; in these Terms they are called Transporters so that they are not confused with MoveMate the company.

MoveMate is an online marketplace. Customers post Shipments, Transporters bid to carry them, and Customers choose which Bid to accept. That is the whole of what we do.

We are not a transport operator, carrier, freight forwarder, broker, removalist, courier or logistics provider. We do not transport anything, and we do not employ or engage anyone to transport anything.

We are not a carrier or a contracting carrier for the purposes of the Contract and Commercial Law Act 2017, and we are not a bailee of any goods. We never take possession of, or control over, anything carried through the Platform.

We do not inspect goods, attend jobs, supervise Transporters, or control how, when or whether a job is performed.

We do not hold the Job Price. The only money we take from you is the Deposit, and the Deposit is our own fee. See clause 9.

Nothing on the Platform is advice, a recommendation, or an endorsement of any Member, and no listing order, search result or ranking should be read as one.

When a Customer accepts a Bid and the Deposit is paid, a Transport Agreement is formed directly between that Customer and that Transporter.

We are not a party to the Transport Agreement. We have no obligations under it, no liability for its performance, and no power to enforce it.

Transporters are independent. Nothing in these Terms creates an agency, partnership, joint venture or employment relationship between us and any Member, or between Members other than the Transport Agreement itself.

A Transporter must not describe themselves as an employee, agent or representative of MoveMate, or say or imply that MoveMate is providing the transport.

The warranties a Transporter gives under clauses 13.1 and 13.2 are given for the benefit of the Customer on that job, and that Customer may enforce them directly.

We do not vet, verify, screen, accredit or endorse Members. Any person who meets clause 1.3 may open an account and begin bidding immediately.

In particular, we do not check any of the following:

• (a)a Member's identity;
• (b)whether a Transporter holds a driver licence of any class, or a transport service licence;
• (c)whether a vehicle is registered, holds a current warrant or certificate of fitness, or is roadworthy;
• (d)whether a Transporter holds insurance of any kind, or what that insurance covers;
• (e)a Member's qualifications, experience or competence;
• (f)a Member's criminal history or financial standing.

Information shown about a Member — including any company name, description, service area and job history — is supplied by that Member or generated from their activity on the Platform. We do not warrant that any of it is accurate.

You are responsible for satisfying yourself that a Member is suitable before you enter into a Transport Agreement with them. We recommend that you read their ratings and reviews, ask for evidence of any licence or insurance that matters to you, and confirm the details of the job directly with them.

Ratings and reviews are the opinions of Members, not ours. See clause 17.

If we display a badge, label or status against a Member, it means only what we say it means and reflects only what we have actually checked.

You may hold one account. Every account can both post Shipments as a Customer and place Bids as a Transporter.

You must give accurate, current and complete information when you register, and keep it up to date.

You are responsible for keeping your password secure and for everything done through your account. Tell us promptly if you believe someone else has used it.

You must not share, sell, rent or transfer your account to anyone else.

You must not open a second account, or open a new account after we have suspended or closed one, without our written consent.

We may suspend or close your account under clause 20.

By posting a Shipment you warrant that you own the goods or are authorised by the owner to arrange their carriage.

Your listing must accurately describe the goods, including their nature, quantity, dimensions, weight, and anything fragile, perishable, hazardous or otherwise needing special handling.

Your listing must accurately describe the pick-up and delivery points, including anything that affects access — stairs, lifts, parking, narrow or unsealed driveways, locked gates, or restricted hours — and the dates you need.

You must make sure that you or someone authorised by you is available at both the pick-up and the delivery point at the agreed time, unless you have agreed something different with the Transporter in writing.

If a Shipment turns out to be materially different from the listing, the Transporter may refuse to carry it or may require a revised price. Neither is a breach by the Transporter. Clause 15 governs what happens to the Deposit.

You must not include contact details, or anything else that would let a Transporter contact you away from the Platform, in a listing. See clauses 10 and 11.

If your Shipment involves anyone else's personal information — a sender, a recipient, or an address that is not yours — clause 23.3 applies to you.

A Bid is an offer by the Transporter to carry the Shipment for the amount stated in it.

A Bid must be inclusive of our fee, of GST, and of every cost of performing the job — including fuel, road user charges, tolls, ferry fares, loading, and any packaging or equipment — unless the listing expressly says otherwise. You must not add our fee, GST or any other cost to the price after a Bid has been accepted.

A Bid binds the Transporter while it is active. A Transporter may withdraw a Bid at any time before it is accepted.

When a Customer accepts a Bid, a Booking is created. The Transport Agreement is conditional on the Deposit being paid.

The Customer has two hours from accepting a Bid to pay the Deposit. If it is not paid in that time the Booking is cancelled automatically, the Shipment is returned to the market, and the Bid becomes available for acceptance again.

Other Bids on the Shipment stay open until the Deposit is paid, so that an abandoned payment does not cost the Customer their other options. Once the Deposit is paid, the other Bids are declined automatically.

Neither Member is obliged to accept any Bid. We do not guarantee that a Shipment will attract Bids, that any Bid will be reasonable, or that Transporters are available in any particular area or at any particular time.

When a Customer accepts a Bid, the Customer pays us a Deposit. The Deposit is our fee for providing the Platform and for the introduction between the Customer and the Transporter.

The Deposit is calculated on the amount of the accepted Bid, as follows: 15% of the first $200; 10% of the part between $200 and $500; and 5% of the part above $500. The minimum Deposit is $10 and the maximum is $250. The Deposit will never be more than the Bid itself.

The Deposit is inclusive of GST. We will provide a receipt.

The Deposit is payable at the moment the Bid is accepted, through our payment processor. The processor's own terms apply to the handling of your payment, and we do not store your full card details.

The Deposit is our own fee. It is not money we hold on behalf of the Transporter, and we do not pass it on to them.

The Deposit is earned when the Bid is accepted and the Deposit is paid. It is not conditional on the job being carried out, and it remains payable if the Transport Agreement is later cancelled or the job is not completed. This clause is subject to clause 15 and to any right you have under the Consumer Guarantees Act 1993 that cannot be excluded.

The Customer pays the balance of the Job Price — that is, the accepted Bid amount less the Deposit — directly to the Transporter. The total the Customer pays for the job is the accepted Bid amount, and the Transporter receives that amount less our fee. This is why clause 8.2 requires Bids to be inclusive of our fee.

We are not involved in the payment of the balance. We do not hold, escrow, process, guarantee or insure it, and the method and timing of that payment are for the Members to agree. If a Customer does not pay a Transporter, that is a matter between them, although it may also be a breach of these Terms.

We may change our fees at any time. A change applies only to Bids accepted after it takes effect, and the current fee is shown to the Customer before they accept.

We may reduce or waive a Deposit in a particular case. Doing so does not waive it in any other case.

The amount of a Bid must be the true and complete price for the job. The amount recorded on the Platform must be the amount the Members actually agree.

You must not do any of the following in order to avoid or reduce our fee:

• (a)bid, or accept, an amount lower than the price you actually intend to charge or pay;
• (b)agree a different price with the other Member outside the Platform after a Bid has been accepted;
• (c)cancel a Booking and then carry out the same job, or substantially the same job, away from the Platform;
• (d)arrange for any part of the price to be paid in a way designed to conceal it from us.

You must not request, offer or exchange contact details — including a phone number, email address, physical address, social media handle, or any other means of contacting each other away from the Platform — before the Deposit has been paid. This applies to listings, Bids, messages attached to Bids, profile fields and uploaded images alike.

If you are introduced to another Member through the Platform, you must not arrange with them, away from the Platform, to carry that Shipment or a substantially similar Shipment, for three months after the introduction.

Clause 10.4 does not apply to Members who already dealt with each other before they met on the Platform, and does not prevent them from continuing an existing relationship.

If you breach this clause, our fee remains payable as though the Bid had been accepted on the Platform at the true price, and we may recover it from you as a debt. We may also suspend or close your account and decline, withhold or reverse any refund.

The contact details of the other Member are released, and messaging on the Booking opens, only once the Deposit has been paid. This is deliberate, and it is how clause 10.3 is given effect.

Use messaging to arrange the job. Do not use it to market anything, to solicit Members for other purposes, or for anything unrelated to the Booking.

We do not routinely monitor messages. We may access, store and read them where we need to in order to investigate a dispute or a suspected breach of these Terms, or where the law requires it.

Messages sent through the Platform are not confidential as between you and us, and either Member may put them in evidence in a dispute under clause 16.

You must not post, or agree to carry, anything that you may not lawfully possess or transport in New Zealand.

The following must not be listed or carried through the Platform:

• (a)controlled drugs and related substances or equipment;
• (b)firearms, ammunition, explosives, and any weapon whose possession requires a licence or permit;
• (c)hazardous substances under the Hazardous Substances and New Organisms Act 1996, and dangerous goods under Land Transport Rule: Dangerous Goods 2005, except as clause 12.3 allows;
• (d)cash, bullion, bearer instruments and anything else of that kind;
• (e)human remains or body parts;
• (f)stolen goods, counterfeit goods, and anything that infringes another person's intellectual property;
• (g)objectionable material within the meaning of the Films, Videos, and Publications Classification Act 1993;
• (h)alcohol, tobacco or vaping products, where carrying them would breach any law or licensing requirement;
• (i)anything whose movement is restricted under the Biosecurity Act 1993, including movement between the North and South Islands or into or out of a controlled area.

Dangerous goods may only be listed and carried where it is lawful to do so, where they are correctly classified, packaged, labelled and documented, where the listing discloses them clearly, and where the Transporter holds any approval required. Both Members are responsible for compliance, and the penalties for getting it wrong are serious.

Live animals may only be carried under the Pets & livestock category, where the Transporter agrees to carry them, and where both Members comply with the Animal Welfare Act 1999 and any applicable code of welfare. The Customer must disclose the species, the number of animals and any care they need during the journey.

We may remove a listing at any time. Removing one listing does not mean we have reviewed any other listing, and we do not check listings before they are published.

The Customer warrants that nothing in a Shipment breaches this clause. A Transporter may refuse to carry, at any point and without liability, anything they reasonably believe does.

Each time you place a Bid, you warrant that:

• (a)you hold a current New Zealand driver licence of the correct class for any vehicle you will use;
• (b)any vehicle you use is registered, holds a current warrant or certificate of fitness, is roadworthy, and may lawfully be used for the job;
• (c)you hold, and will keep, any transport service licence required under the Land Transport Act 1998;
• (d)you will comply with all applicable law, including work time and logbook requirements and the rules on load restraint;
• (e)you hold insurance appropriate to the work you are undertaking, including any insurance the law requires, and you will tell a Customer what cover you hold if they ask;
• (f)you are lawfully entitled to work or carry on business in New Zealand;
• (g)you have no conviction, and no proceeding is on foot against you, that would prevent you from lawfully carrying out the job.

You will carry out each job with reasonable skill, care and diligence.

You must not subcontract a job without telling the Customer beforehand and obtaining their agreement. If you do subcontract, you remain responsible to the Customer for the job.

You must tell the Customer as soon as you know that you cannot perform a job, or that you will be delayed.

You are an independent contractor. You decide whether to bid, what to bid, and how to carry out any job you win. You are responsible for your own tax, ACC levies, insurance, vehicle and equipment.

We do not check any of the matters in clause 13.1. They are warranties you give, not verifications we perform. See clause 5.

Unless the Members agree otherwise in writing, goods are carried at owner's risk within the meaning of the Contract and Commercial Law Act 2017.

We are not the carrier. We are not liable for loss of, damage to, delay to, or failure to deliver any goods carried through the Platform. A claim of that kind lies against the Transporter, not against us.

As between the Members, and to the extent the law permits, sections 274 to 281 of the Contract and Commercial Law Act 2017 do not apply to a Transport Agreement formed through the Platform.

We strongly recommend that a Customer arranges their own transit insurance, and confirms with the Transporter what cover exists, before accepting a Bid. Many Transporters carry limited cover, or none, for the goods they carry.

A Member who wishes to claim for loss, damage or non-delivery must tell the other Member, and tell us through the Platform, within seven days of delivery or of the date delivery should have taken place. Telling us later than that may make a claim harder to resolve.

A Customer should inspect goods on delivery where it is practicable to do so, and record any damage at the time.

Nothing in this clause limits a right under the Consumer Guarantees Act 1993 that cannot be excluded.

Before the Deposit is paid, either Member may walk away, and the Booking lapses automatically under clause 8.5.

Once the Deposit has been paid it is not refundable, except under this clause or where the law requires it.

A Member may make a Cancellation Request through the Platform, giving their reasons. A Cancellation Request must be made within 28 days of the Bid being accepted.

The other Member has seven days to agree to the Cancellation Request or to dispute it. If they do not respond within that time, they are taken to have agreed.

We will refund the Deposit in full where:

• (a)the Transporter cancels before starting the job;
• (b)the Transporter fails to arrive or to perform, without reasonable excuse;
• (c)the Transporter cannot lawfully perform the job, including where a warranty in clause 13.1 was untrue; or
• (d)both Members agree to cancel and neither has begun to perform.

We will not normally refund the Deposit where:

• (a)the Customer changes their mind, or no longer needs the job done;
• (b)the listing was materially inaccurate and the Transporter refused the job or required a revised price under clause 7.5;
• (c)the job was carried out, even if the Customer is dissatisfied with it, which is a matter for clause 16; or
• (d)the Customer or their representative was not available at the agreed time.

Where a Cancellation Request is disputed, we will consider what both Members give us and decide. Our decision on a Cancellation Request is final so far as the Deposit is concerned. It does not affect either Member's rights against the other, and it does not affect your right to take a claim to the Disputes Tribunal or to a court.

A refund is made to the original payment method, normally within ten working days.

Cancellation Requests must be made in good faith. Giving false or exaggerated reasons, agreeing a cancellation in order to deal away from the Platform contrary to clause 10, or making a pattern of cancellations, may result in the request being declined, our fee remaining payable, and your account being suspended or closed.

Nothing in this clause limits a right under the Consumer Guarantees Act 1993 that cannot be excluded.

A dispute about a job is between the Members. You must first try, in good faith, to resolve it directly with the other Member.

Where a job has been marked as delivered or completed, either Member may open a dispute through the Platform and upload evidence.

We may, but are not obliged to, consider a dispute, ask either Member for information, or express a view on it. We are not an arbitrator, and any view we express is not binding on either Member.

We may give one Member's contact details to the other in order to help resolve a dispute, and we may disclose the details of a dispute to a Member involved in it.

Both Members must give us any information we reasonably ask for in relation to a dispute.

Opening a dispute does not stop a Booking completing, and does not extend the review period in clause 17.

Nothing in these Terms affects your right to take a claim to the Disputes Tribunal or to a court, or to complain to the Commerce Commission or any other regulator.

Once a job has been marked as delivered, each Member may review the other. The review period is 14 days from that point.

Reviews stay hidden until both Members have submitted one, or until the review period ends, whichever comes first. Neither Member can see the other's review before writing their own.

Only a Member who was a party to a Booking may review it, and only once in each direction.

A review must be honest, must be based on your own experience of that job, and must be expressed in language fit for publication.

You must not:

• (a)review yourself, or arrange for a related account to review you;
• (b)offer, request or accept any payment or other benefit in exchange for a review, for changing one, or for removing one;
• (c)threaten a negative review in order to obtain anything from another Member;
• (d)review a job you were not a party to; or
• (e)post a review that is abusive, discriminatory, defamatory, or that contains another person's personal information.

Reviews are the opinions of the Members who write them. We do not verify them, and we are not responsible for their content.

We may remove a review that breaches this clause. We are not obliged to remove a review merely because you disagree with it.

Reviews and ratings are published on the Platform and may remain published after an account is closed.

You must not republish MoveMate reviews elsewhere in a way that suggests we have verified them.

You keep ownership of everything you post on the Platform.

You grant us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to use, store, copy, adapt, publish and display what you post, for the purpose of operating and promoting the Platform. This licence continues after your account is closed.

You warrant that you have the right to post what you post, and that it does not infringe anyone's rights or breach any law.

You must not post anything that is unlawful, misleading, abusive, harassing, discriminatory, obscene, defamatory or otherwise objectionable; anything containing malicious code; anything that interferes with the Platform; or anyone else's personal information without their consent.

You must not scrape, data-mine, or use bots or automated tools on the Platform, other than standard search engine indexing.

You must not use the Platform to advertise anything other than transport services, or to solicit Members for any other purpose.

We may remove content at any time. We do not review content before it is published and we are not responsible for what Members post.

Photographs you upload to a Shipment or a dispute may be visible to the other Member and to us. Do not include anything in them that you would not want either to see.

Each Member is responsible for their own tax.

A Transporter is responsible for income tax, for GST if they are registered, and for any ACC levy on what they earn through the Platform. We do not withhold or account for any of it on your behalf.

Our fee is inclusive of GST.

Bids must be inclusive of GST under clause 8.2. A Transporter must not add GST to a price after a Bid has been accepted.

We do not give tax advice. If you are unsure of your obligations, talk to Inland Revenue or an accountant.

You may close your account at any time. Any Transport Agreement you have already entered into survives, and you remain responsible for it.

We may suspend or close your account, or remove your content, if you breach these Terms; if we reasonably suspect fraud, circumvention under clause 10, or unlawful activity; if we receive repeated justified complaints about you; if you gave us false information; or if you are abusive towards another Member or our staff.

Where it is practical to do so we will tell you why, unless we reasonably believe that telling you would prejudice an investigation or breach the law.

Suspension does not cancel a Booking already in place. You remain responsible for any job you have committed to, and any Deposit already payable remains payable.

We may tell a Member you are dealing with that your account has been suspended or closed, where that is necessary in relation to a live Booking or dispute.

No compensation is payable if we suspend or close your account.

We may change or stop providing the Platform on reasonable notice.

Clauses 3, 4, 5, 9, 10, 14, 15, 16, 17.6 to 17.9, 18.2, 19, 21, 22, 23 and 25 survive the closing of your account.

Nothing in these Terms excludes or limits the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other right you have that cannot lawfully be excluded.

If you use the Platform for the purposes of a business, and we are both in trade, the Consumer Guarantees Act 1993 does not apply under section 43 of that Act, and you agree that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply under section 5D of that Act. You agree that it is fair and reasonable for us to be bound by this clause.

The Platform is provided as it is. We do not warrant that it will be available without interruption, that it will be free of errors, that it will be secure, or that any Shipment will attract a Bid.

We are not liable for:

• (a)the acts or omissions of any Member;
• (b)loss of, damage to, delay to or failure to deliver any goods;
• (c)the quality, safety, legality or timeliness of any job;
• (d)the accuracy of anything a Member posts on the Platform;
• (e)the payment, or non-payment, of the balance of a Job Price between Members; or
• (f)your decision to deal with a Member you did not check under clause 5.

We are not liable for indirect or consequential loss, or for loss of profit, revenue, business, data, goodwill or anticipated savings, however it arises.

Where our liability for a breach can be limited but not excluded, it is limited to resupplying the Platform to you or paying the cost of having it resupplied.

Our total liability to you, however it arises, is limited to the greater of the fees you paid us in the 12 months before the claim and NZ$100.

Clauses 21.3 to 21.7 do not apply to liability for death or personal injury caused by our negligence, or to our fraud or wilful misconduct.

You indemnify us against all claims, losses and costs, including reasonable legal costs, arising from your use of the Platform, anything you post, your breach of these Terms or of any law, any Transport Agreement you enter into, and any claim by a third party — including the sender or recipient of goods — relating to a job you were part of.

This indemnity does not apply to the extent that the loss was caused by our own breach, negligence or wilful misconduct.

Nothing in this clause affects a right you have as a consumer that cannot lawfully be excluded.

We collect, use and disclose personal information in accordance with the Privacy Act 2020 and our Privacy Policy, which is published on the Platform.

By using the Platform you agree that we may share your name, contact details and the details of a job with the other Member on that job, once the Deposit has been paid, as clause 11 describes.

If you post a Shipment involving someone else's personal information — a sender, a recipient, or an address that is not yours — you must have the right to give us that information, and you must tell that person that their information is being collected by us and will be shared with the Transporter.

You must use personal information you receive about another Member only to carry out the job or to resolve a dispute. You must not keep it for longer than you need it, must not use it for marketing, and must not disclose it to anyone else.

You must comply with the Unsolicited Electronic Messages Act 2007. You must not send unsolicited commercial messages to Members.

Tell us promptly if you become aware of unauthorised access to your account, or to any personal information you obtained through the Platform.

We may change these Terms from time to time.

Where it is practicable, we will give you at least 14 days' notice of a change, by email or by notice on the Platform.

We may change these Terms immediately where we need to for legal, regulatory or security reasons, or to correct an error.

If you keep using the Platform after a change takes effect, you accept the change. If you do not accept it, close your account.

A change does not affect a Transport Agreement already formed, or a Deposit already paid.

Neither you nor we are liable for a failure to perform caused by something outside our reasonable control.

We may give you notice by email to the address on your account, or by notice on the Platform. You may give us notice at [CONTACT EMAIL]. A notice sent by email is treated as received on the next working day.

You may not assign or transfer your rights under these Terms. We may assign ours on notice to you.

If any part of these Terms is unenforceable, it is modified so far as necessary to make it enforceable, or severed if it cannot be, and the rest continues to apply.

If we do not enforce a right straight away, we do not give it up.

These Terms, together with any policy we publish on the Platform, are the entire agreement between you and us about the Platform.

Headings are for convenience and do not affect interpretation. Including and for example do not limit what goes before them.

These Terms are governed by New Zealand law, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.