Last Modified: 29/04/2020
Welcome to Zenmove.
If you do not understand any of the terms of this Agreement, please contact us
before using the Services.You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
1. CONTRACTUAL RELATIONSHIP
The following terms of service (the “Terms”) constitute a legally binding agreement between you (also referred to below as “User”) and Zenmove A.B.N. 52 978 386 655 (“Zenmove”). These Terms govern your access to and/or use of (i) Zenmove’s websites, including without limitation its websites at www.zenmove.com.au and www.zenmove.as.me (collectively, the “Websites”), (ii) Zenmove’s mobile applications (each, a “Zenmove App” and collectively, the “Zenmove Apps”), and (iii) Zenmove’s telephone ordering platform (the “Telephone Platform”) (collectively, the Websites, Zenmove Apps, and the Telephone Platform are referred to herein as the “Zenmove Platforms”). These Terms also govern any services that you may receive through the Zenmove Platforms, including, but not limited to, any services that you may receive from Zenmove, its subsidiaries, or affiliates, or the Third Party Providers (defined below).
1.1 Accepting these Terms
Please read these Terms carefully before accessing or using any of the Zenmove Platforms, including, but not limited to, before placing any order with Zenmove for loading, unloading, or other help services, transportation services, moving services, and/or any other services that may be offered through the Zenmove Platforms (collectively, the “Services”). By accessing or using the Zenmove Platforms, including, without limitation, by using the Zenmove App or placing an order for Services online or via telephone, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, provisions that limit Zenmove’s liability, and provisions that require individual arbitration of any potential legal dispute between you and Zenmove. If you do not agree to these Terms, you may not use the Zenmove Platforms or receive any Services.
1.2 Modifications to Terms
Zenmove reserves the right to change these Terms at any time. However, if Zenmove makes changes to the Terms, Zenmove will notify you by revising the “Last Modified” date at the top of this document. In some cases, Zenmove may also provide you with additional notice (such as adding a statement to Zenmove’s homepage or sending you an email notification). Zenmove encourages you to review these Terms periodically to stay informed about Zenmove’s practices, and you should always review these Terms before placing any order for Services.
Unless Zenmoves notifies you otherwise, whenever Zenmove makes changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any Zenmove Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with Zenmove, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.
In the event that you have placed an order for Services prior to the effective date of a change to these Terms, your order will be bound by the Terms in effect on the date that you placed an order for Services.
1.3 Supplemental Terms
You may be required to agree to additional, supplemental terms in certain markets or for certain Services requested by you. If supplemental terms apply in your market or are required by your request for Services, such supplemental terms will be disclosed to you in a separate disclosure or in connection with, but prior to, the performance of the applicable Services by Third Party Providers (as defined below). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail but only with respect to the Services to which the supplemental terms apply.
2. THE ZENMOVE PLATFORMS
2.1. About Zenmove and the Company’s Services
Zenmove is a technology and communications company that matches individuals who are seeking local, regional, and other moving services, or services related to moving, with (i) independent third party service providers capable of providing loading and unloading or other help services; and/or (ii) independent third party motor carriers capable of providing property transportation services (each individual or company with whom Zenmove contracts and matches with you to provide the requested Services is referred to herein as a “Third Party Provider”). Zenmove is not a household goods mover or other transportation provider and does NOT provide moving services. Zenmove is a property broker and referral and booking service that connects you, a “User” of the Zenmove Platforms, with Third Party Providers of the Services. As a property broker and referral and booking service, you acknowledge and understand that Zenmove is not subject to the same laws and regulations applicable to household goods motor carriers and that, by obtaining Services through the Zenmove Platforms, you may not be entitled to the same consumer protections afforded to consumers dealing with household goods movers.
By using the Zenmove Platforms to order Services, you acknowledge and agree that you are requesting that Zenmove provide you with property broker or referral/booking services only and that Zenmove should request and schedule the Services with Third Party Providers on your behalf. You further acknowledge and agree that when Zenmove arranges for a Third Party Provider to perform loading, unloading, transportation, or other moving-related services, Zenmove is acting in its capacity as a property broker or booking agent (and not as a household goods broker or motor carrier). Except as otherwise provided herein (see Section 8 and its subparts below), Zenmove has no responsibility for any transportation services, loading or unloading services, moving related services, or other services provided on your behalf by the Third Party Providers. You further acknowledge that you obtain all Services from Third Party Providers at your own risk.
Subject to your compliance with these Terms, Zenmove grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Zenmove Platforms solely for their intended purposes, including (i) to place orders for Services or, in the case of any Third Party Provider using the Zenmove Platforms, to perform the Services, (ii) to view any User Content (defined below), and (iii) to access and use any content, information, and related materials that may be made available as a result of a request for Services. Any rights not expressly granted herein are reserved by Zenmove and Zenmove’s licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Zenmove Platforms; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any Zenmove Platform or part thereof except as expressly permitted by Zenmove; (iii) decompile, reverse engineer, or disassemble any of the Websites, any Zenmove App, or any other Zenmove Platform unless otherwise permitted by applicable law; (iv) link to, mirror, or frame any portion of any of the Websites, the Zenmove Apps, or any other Zenmove Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Zenmove Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the Zenmove Platforms; or (vi) attempt to gain unauthorized access to or impair any aspect of the Zenmove Platforms or its related systems or networks. You may only access the Zenmove Platforms through the interfaces that Zenmove provides for that purpose.
2.4 Proprietary Material
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, and other content (collectively, “Proprietary Material”) that you see or read through the Zenmove Platforms is owned by Zenmove, excluding User Content (defined below) which Zenmove has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Zenmove owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work under the Copyright Act 1968, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. The Proprietary Material, the Zenmove Platforms, and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain Zenmove's property. Neither these Terms nor your use of the Zenmove Platforms convey or grant to you any rights in or related to the Proprietary Material or the Zenmove Platforms except for the limited license granted above. In addition, neither these Terms nor your use of the Zenmove Platforms grant you use or reference in any manner to Zenmove's company name, logos, product and service names, trademarks, or service marks.
3. YOUR USE OF THE ZENMOVE PLATFORMS
3.1. Placing an Order for Services
In order to place an order for Services, you must be at least 18 years of age and must provide Zenmove with a valid e-mail address and phone number and a valid credit or debit card. You authorize Zenmove to charge your credit or debit card for a 25% deposit 24 hours after you place your order for Services and the remaining balance immediately after you receive Services.
When placing an order for Services, you may receive an estimate of fees and costs. Zenmove attempts to provide a reasonably accurate estimate of final fees and costs. However, you understand and agree that, unless otherwise expressly stated during booking that the estimated price is “fixed” or “binding,” all estimates are non-binding and are not intended to be a guarantee of your final costs. Your total charges may be affected by the information you provide to Zenmove during the order process (including, but not limited to, any inaccurate information provided by you), the circumstances present on the day you receive the Services, and, with pay-as-you-go pricing, the speed of the Third Party Providers. You acknowledge and understand that your total charges may exceed the amount of any estimate given.
All prices are subject to change based on availability and other factors, such as demand and location. Any quoted rate may change until you place an order for Services. In addition, in the event that the circumstances of an order request are significantly different than as described during booking, your order may be cancelled, or you may be required to agree to a revised and/or amended estimate.
3.3. Canceling an Order or Discontinuing Services
You may change or cancel an order for Services at any time, including changing the reservation date and/or shipping or destination locations. However, modifications to an order may be subject to an increase or change in pricing, depending on availability and other factors submitted by you. Such changes may also be subject to an additional modification or cancellation fee. Order modifications and cancellations are subject to Zenmove’s cancellation and reservation modification policies, which are currently posted at https://www.zenmove.com.au/help/faq/. Any and all changes to an order will continue to be governed by these Terms, and you acknowledge and agree to such Terms by placing a change or cancellation request.
You may also discontinue Services at any time while Services are being performed, but you will be responsible for paying for the greater of one hour of pay for each Third Party Provider or the amount of all Services performed through the time the order is discontinued. If you discontinue Services at any time, all Third Party Providers will be required to immediately cease providing all Services and to leave your premises. In addition, you agree that you will not directly or indirectly solicit any Third Party Provider who has been matched by Zenmove to perform, or who has already performed or begun performing, any portion of the Services on your behalf within a sixty (60) day period following a cancellation or cessation of Services unless Zenmove has specifically arranged for such Third Party Providers to provide the Services on your behalf. For an avoidance of doubt, this means that you may not cancel an order (or stop an order, e.g., by asking Third Party Providers not to bill time through Zenmove) for Services after Third Party Providers have arrived to complete the requested Services in order to pay Third Party Providers directly and avoid incurring charges through Zenmove. In the event that you engage in such improper solicitation and contract interference, you will be ineligible for the Zenmove Damage Protection Policy and will be liable to Zenmove for the Charges for which you would have been billed had you not canceled your order for Services. You will also be liable for all reasonable attorneys’ fees incurred by Zenmove in pursuing and collecting such Charges.
3.4 User Accounts
You may be required to register and maintain an active personal account to use certain Zenmove Platforms, such as the Zenmove Apps. You must be at least 18 years of age to obtain an account. Account registration may require you to submit certain personal information, such as your name, address, mobile phone number, and age, as well as certain payment information (e.g., bank or credit card information). You agree to maintain accurate, complete, and up-to-date information in your account. Failure to maintain accurate, complete, and up-to-date account information, including invalid or expired payment information, may result in your inability to access and/or use the Zenmove Platforms. You are responsible for all activity that occurs under or through your account and agree to maintain the security and secrecy of your account username and password at all times.
3.5. Text Messaging, E-Mails, and Phone Calls
You agree that Zenmove and its subsidiaries and affiliates, and their respective employees, contractors, and agents may contact you at any of the phone numbers or e-mail addresses that you provide, including, but not limited to, by e-mail, text messages, calls, and push notifications. Such communications may also include messages generated by an automatic telephone dialing system. Standard message and data rates may apply. You may opt-out of receiving communications by emailing a request to opt-out to [email protected]
However, opting out of all communications may impact your receipt of the Services.
3.6. User Provided Content
Zenmove may, in Zenmove's sole discretion, permit you or other Users from time to time to submit, upload, publish, or otherwise make available to Zenmove through the Zenmove Platforms, textual, audio and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submissions of entries for competitions and promotions (collectively referred to as “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Zenmove, you grant Zenmove a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Zenmove's business and on third-party websites and services), without further notice to or consent from you, and without the requirement of payment to you or any other third party.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Zenmove Platforms. Accordingly, you represent and warrant that (i) you either (A) are the sole and exclusive owner of all User Content that you make available through the Zenmove Platforms or (B) you have all rights, licenses, consents, and releases necessary to grant Zenmove the license to the User Content as set forth above, and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Zenmove's use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide on the Zenmove Platforms User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Zenmove, in its sole discretion, whether or not such material may be protected by the law. Zenmove may, but shall not be obligated to, review, monitor, or remove User Content, at Zenmove's sole discretion and at any time, without notice to you.
User Content may contain information relating to reviews of specific Third Party Providers. Such reviews are opinions of the specific User and not the opinion of Zenmove and have not been verified or approved by Zenmove. YOU AGREE THAT ZENMOVE IS NOT LIABLE FOR ANY USER CONTENT.
3.7. Network Access and Devices
Use of the Zenmove Platforms may require access to a data network. You are responsible for obtaining the data network access necessary to use such Zenmove Platforms, if any. Your mobile network's data and messaging rates and fees may apply if you access or use the Zenmoves Platforms from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Zenmove Platforms and any updates thereto. Zenmove does not guarantee that the Zenmove Platforms, or any portion thereof, will function on any particular hardware or devices. In addition, the Zenmove Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You further acknowledge and agree that the Zenmove Platforms may, from time to time, be unavailable (e.g. due to schedule maintenance or system upgrades) and that Zenmove cannot, and does not, guarantee a specific or minimum availability of the Zenmove Platforms.
3.8 Reservation Changes
Subject to availability and any reservation change fees, you may choose to change your service date to another future date.
4. PAYMENT AND PROMOTIONAL OFFERS
After your order for Services is complete and you have received the Services, Zenmove will send you an e-mail for the final invoice amount (the “Charges”). All remaining Charges are immediately due and payable, and you are responsible for payment of all Charges for Services ordered and received through the Zenmove Platforms. You authorize Zenmove to charge the credit or debit card that you provide when placing your order for Services for all Charges. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Zenmove. If the charge to your credit or debit card is declined, you authorize Zenmove to use a secondary payment method provided by you, if applicable. In the event that Zenmove brings an action to enforce its right to payment of the Charges hereunder, Zenmove will be entitled to recover, in addition to all other amounts and relief, its reasonable costs and attorneys’ fees.
You understand and agree that Zenmove administers payment directly to the Third Party Providers on your behalf, as the Third Party Providers’ limited payment collection agent, and that payment to Zenmove is intended to fully compensate the Third Party Provider for the Services they provide. Accordingly, your payment to Zenmove shall be considered the same as issuing payment directly to the Third Party Providers, and you should not issue any payment, other than a tip or gratuity, in your sole discretion, to anyone other than Zenmove for Services ordered and received through the Zenmove Platforms. If you issue payment directly to any Third Party Provider, you will still be responsible for paying the full amount of the Charges billed to you by Zenmove.
4.2 Promotional Offers
Zenmove may, in Zenmove’s sole discretion, issue you promotional offers and discounts that may be redeemed for credit when placing an order for Services. You agree that such promotional offers and discounts: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public unless expressly permitted by Zenmove; (iii) may be disabled, canceled, or otherwise terminated by Zenmove at any time for any reason without liability to Zenmove; (iv) may only be used pursuant to the specific terms that Zenmove has established for such promotional offer or discount; (v) are not valid for cash; and (vi) may expire prior to your use. Further, Zenmove reserves the right to withhold or deduct any credits or other features or benefits obtained through the use of any promotional offers and discounts by you or any other User in the event that Zenmove determines or believes, in its sole discretion, that the use or redemption of the promotional offer or discount was in error, fraudulent, illegal, or in violation of the terms applicable to the promotional offer or discount or in violation of these Terms.
5. USER REPRESENTATIONS
By using the Zenmove Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in Australia; (3) you own or have legal possession to any and all property to be moved or shipped under this agreement, if applicable; (4) you have carefully read and understand these Terms; (5) to the extent you are requesting moving related services, you have been advised that you should consider obtaining insurance to protect you from loss or damage to your personal property items; and (6) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the Zenmove Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.
6. COMPLIANCE WITH APPLICABLE LAWS
By using the Zenmove Platforms and/or requesting Services, you agree that (1) you will only use the Zenmove Platforms and/or request Services for lawful purposes; (2) you will not use the Zenmove Platforms and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use the Zenmove Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm Zenmove or the Zenmove Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute the Zenmove Platforms or other content without written permission from Zenmove; (7) you will only use the Zenmove Platforms and/or request Services for your own use and, if applicable, will not resell your order for Services to a third party; and (8) you will provide Zenmove and/or the Third Party Providers with whatever proof of identity they may reasonably request.
7. REFUSAL OF SERVICE
You acknowledge and understand that, notwithstanding anything herein to the contrary, Zenmove has, and shall at all times retain, the right to refuse or cancel an order for Services at any time for any reason. The circumstances that may warrant a refusal or cancellation of Services, include, but are not limited to, the following circumstances:
Zenmove may cancel an order for Services if you, or someone else at the location to be serviced, is being, is in the process of being, or has been evicted.
Zenmove and/or the Third Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in Zenmove and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved is prohibited by these Terms, including property explicitly prohibited under Section 8.4 hereof.
Dangerous, Hazardous, or Unsanitary Conditions
If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, in Zenmove or the Third Party Providers’ sole discretion, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.).
In cases of inclement weather, you may be required to reschedule and/or delay your order for Services to another time, or the order may be canceled or refused without a cancellation fee. If Services are nonetheless performed despite inclement weather, you will not be eligible for protection under the Damage Protection Policy described in Section 8 (and its subparts) below for any damages incurred as a result of the inclement weather. Inclement weather can include, but is not limited to, heavy rain, snow, sleet, hail, lightning, and high winds.
Access to property
Zenmove and/or the Third Party Providers reserve the right to refuse or cancel ordered Services if your property cannot be accessed or is deemed to be, in Zenmove or the Third Party Providers’ sole discretion, too far away from the location of the Third Party Provider’s moving vehicle. For example, Services may be refused or canceled because a driveway is too dangerous to traverse or the Third Party Providers would be required to walk 100 metres or more to move each item of property to a moving vehicle. If Services are nonetheless performed and the Third Party Providers are required to walk a significant distance (in Zenmove’s sole discretion) from the moving vehicle to your personal property, you are advised that you or someone else subject to your direction and control should remain with your personal property at each location to ensure that your personal property is not subject to theft. Personal property lost or stolen because Third Party Providers must travel a significant distance (in Zenmove’s sole discretion) between a moving vehicle and your personal property shall not be covered by the Damage Protection Policy described in Section 8 (and its subparts) below.
Narrow Doorways, Hallways, or Stairs
Zenmove and/or the Third Party Providers may refuse to provide or limit the Services if it is determined, in Zenmove and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved cannot be safely moved through a narrow doorway, hallway, or other passageway or cannot be safely moved up or down stairs. In the event that you require such Third Party Providers to continue providing Services after being advised of the danger, you waive any right to receive any reimbursement for damages that may result.
Insufficient Moving Space
In the event that your property will not fit into a moving truck, pod, or other service vehicle, the Third Party Providers may refuse to continue loading any additional property until such truck, pod, or other vehicle has been unloaded.
Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.
8 PROPERTY DAMAGES; ZENMOVE’S DAMAGE PROTECTION POLICY
8.1 Damages To Personal Property Caused By Third Party Providers
Zenmove is a property broker that connects Users, like you, with Third Party Providers who are able to provide you with the Services that you seek. While Zenmove attempts to connect you with only high quality Third Party Providers, Zenmove does not make any representations or warranties with respect to the quality of Services that you may receive and does not, and cannot, guarantee that any Third Party Provider will not damage or lose any of your property. As an independent property broker and referral service, Zenmove is not liable for any property damages that you may sustain as a result of the performance of the Services by Third Party Providers. Zenmove will not provide you with any property damage protection, and by placing an order with Zenmove, you understand and agree that you will not be entitled to recover from Zenmove for any other damages to your property, whether such damages arise in contract, tort, or otherwise. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Zenmove’s Damage Protection Policy or are in need of additional protection for your personal or real property, you should not place an order with Zenmove or should obtain additional insurance protection from a third party insurance carrier for your personal or real property prior to the performance of any Services.
By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any damages to your personal property, whether to high priced items, items of sentimental value, regardless of whether such damages are negligently or intentionally caused by any Lumper or Driver (if applicable).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.
8.2 Personal Injuries
For your safety, you are asked not to participate in any loading, unloading, or moving of property or in any other Services. To the extent that you or your agents or family members choose to do so, you acknowledge and agree to indemnify, defend, and hold Zenmove and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that Zenmove and/or its subsidiaries or affiliates, or each of the foregoing entities’ employees, contractors, or agents, may incur as a result of, arising out of, or in relation to you or your agents or family members’ decision to do so.
Notwithstanding the foregoing, if you order transportation services only, you may be provided access to certain moving equipment, including, but not limited to, hand trucks, appliance dollies, moving pads, ratchet straps, etc. (collectively, the “Moving Equipment”). YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER ZENMOVE NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE MOVING EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE MOVING EQUIPMENT IS, OR WILL BE, SUITED FOR YOUR INTENDED USE OR THAT IT IS FREE FROM DEFECTS. You assume all risks inherent in the operation and use of the Moving Equipment and will take all necessary precaution to protect all persons and property from injury or damage while in possession of the Moving Equipment. Neither Zenmove nor any of its subsidiaries or affiliates shall be responsible to you or to any other party, including any of your agents, for any loss, damage, or injury (including, but not limited to, any personal injury (including death), loss of profits, business interruption, or other special or consequential damages) caused by, resulting from, or in any way connected with the Moving Equipment or its operation or use, or any defect with respect thereto. You agree to defend, indemnify, and hold Zenmove and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from and against any and all liability, claims, and damages of any kind (including attorneys’ fees) for injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, or rental of the Moving Equipment by you or any other third party not authorized by Zenmove, however caused. You agree to inspect each piece of Moving Equipment prior to its use to ensure that such Moving Equipment is in good working order and repair and to notify Zenmove and the Driver providing the Moving Equipment immediately in the event that any piece of the Moving Equipment is damaged, unusable, or unsafe to use. In the event that any Moving Equipment is damaged, unusable, or unsafe, Zenmove will arrange for a replacement piece of Moving Equipment to be provided if available. You acknowledge and agree that your sole remedy for any failure or defect in the Moving Equipment shall be termination of any rental charges accruing after the time of failure. All Moving Equipment must be returned to the truck or other motor vehicle (arranged by Zenmove in connection with your request for transportation services) prior to the Driver’s departure from your shipment origin and destination. You agree to reimburse Zenmove or its Third Party Providers for any Moving Equipment that is not returned.
8.3 Disputed Claims
If you dispute Zenmove’s handling of your claim for damages under this Section 8, including, but not limited to, any proposed claim settlement under the Damage Protection Policy, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution and arbitration provision contained in Section 10 (and its subparts) below and that you must abide by the procedures discussed therein. If you desire to file a claim for arbitration pursuant to Section 10 (and its subparts), or otherwise contest the validity of the arbitration provision, you must commence such claim within eighteen (18) months of the filing of your initial claim with the Zenmove Quality Team.
9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE ZENMOVE PLATFORMS AND THE SERVICES THAT YOU MAY ORDER THROUGH THE ZENMOVE PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZENMOVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, UNLESS OTHERWISE PROVIDED HEREIN, ZENMOVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES ORDERED THROUGH THE ZENMOVE PLATFORMS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
BY ORDERING AND/OR RECEIVING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL, OR OTHERWISE OBJECTIONABLE AND THAT THE USE OF THIRD PARTY PROVIDERS THROUGH THE ZENMOVE PLATFORMS IS AT YOUR OWN RISK AND JUDGMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, ZENMOVE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER. FURTHERMORE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ZENMOVE IS NOT AN EMPLOYER OF ANY THIRD PARTY PROVIDER, THAT THE THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED, AND THAT THE ENTIRE RISK ARISING OUT OF YOUR RECEIPT OF THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
9.2. Limitation of Liability
ZENMOVE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL HAVE NO LIABILITY UNDER THE TERMS OF THIS AGREEMENT.
IN ADDITION, ZENMOVE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE ZENMOVES PLATFORMS, YOUR ORDER FOR SERVICES, AND/OR THE SERVICES PERFORMED BY THIRD PARTY PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY), AND EVEN IF ZENMOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY SUCH LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY FOR SUCH LOSSES SHALL NOT EXCEED THE AMOUNT PAID FOR BY YOU FOR ANY SERVICES.
You agree to indemnify, defend, and hold Zenmoves, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys’ fees) relating to or arising from: (i) your violation of any third-party right, including, without limitation, any right to privacy, publicity rights, or intellectual property rights (including any User Content submitted by you); (ii) your wrongful or improper use of the Zenmoves Platforms or the Services; (iii) any actual or alleged breach of the Terms or your representations, warranties, and obligations set forth in these Terms; (iv) your violation of any rights of another, including any of the Third Party Providers or any other User; (v) your violation of any law, rule, or regulation of Australia or any other country; and (vi) your negligence or willful misconduct (including any negligence or willful misconduct in packing any personal property for shipment or relocation by a Third Party Provider).
This obligation and any other indemnification obligation set forth in these Terms will survive the termination of these Terms and/or your use of the Zenmoves Platforms.
10. DISPUTE RESOLUTION
10.1 Informal Dispute Resolution
Prior to pursuing any other available remedy, including arbitration pursuant to the provisions below, you agree to attempt in good faith for a period of sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution of any dispute, claim, or controversy that you may have against Zenmove or any Third Party Provider or any dispute, claim, or controversy otherwise arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof; your use of the Zenmove Platforms; or your order for, receipt of, or the performance of the Services (collectively, the “Disputes”). The Informal Dispute Resolution Period shall commence on the first day that you submit written notice of your Dispute(s) to Zenmove.
If the parties are unable to resolve any Dispute during the Informal Dispute Resolution Period, you agree that such unresolved Dispute or Disputes will be settled by final and binding arbitration between you and Zenmove, provided, however, that each party retains the right (without any requirement to negotiate during an Informal Dispute Resolution Period) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Zenmove are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Zenmove otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of Sections 10.2 through 10.7 hereof will be deemed void and severable. Except as provided in the preceding sentence, Section 10 of these Terms (and each of its respective subparts) will survive any termination of this agreement.
10.3 Arbitration Rules and Governing Law
Unless otherwise agreed to by you and Zenmove, the arbitration of all Disputes will be administered by a single arbitrator of the Australian Centre for International Commercial Arbitration (“ACICA”) in accordance with the ACICA Arbitration Rules 2016 (the “ACICA Rules”) then in effect, except as modified by Section 10 hereof (and its respective subparts). The ACICA Rules are available at https://acica.org.au/arbitration-rules/ or by calling the ACICA at 61 (0) 2 9223 1099. The arbitration shall be governed by the Commercial Arbitration Act 2010 (NSW).
10.4 Arbitration Process
A party who desires to initiate arbitration must provide the other party with an Arbitration case filing as specified in the ACICA Rules. The ACICA provides a form for Arbitration case filing at: https://acica.org.au/acica-e-filing/. The Arbitration case filing shall include identification of the parties, a statement of the legal and factual basis for the claim(s), and a specification of the remedy sought and shall be served by hand, by first class mail, return receipt requested, or by certified mail to Zenmove at the following address: Zenmove, Level 1, 622-632 Harris Street, Sydney, NSW 2007.
10.5 Arbitration Location and Procedure
Unless you and Zenmove agree otherwise, the arbitration will be conducted in Sydney, New South Wales. If your claim does not exceed $1,000, then, the arbitration will be conducted solely on the basis of documents you and Zenmove submit to the arbitrator unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $1,000, your right to a hearing will be determined by the ACICA Rules. Subject to the ACICA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10.6 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the ACICA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with Sections 8, 9, and 10 hereof (and their respective subparts), including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees, unless otherwise provided by applicable state or federal law.
11. OTHER THIRD PARTY INTERACTIONS; DISCRIMINATION
11.1 Other Third Parties
While using the Zenmove Apps, the Websites, and/or any other Zenmove Platform and/or while requesting or receiving Services, you may enter into correspondence with or purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Zenmove Apps, Websites, and/or the other Zenmove Platforms. Any such activity and any associated terms, conditions, warranties, or representations are solely between you and the applicable third party. Zenmove and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. Zenmove does not endorse any sites on the internet that are linked through the Zenmove Apps and/or Websites, and in no event shall Zenmove or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party service providers. Zenmove provides the Zenmove Apps and/or Websites and Services to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party service providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Zenmove disclaims any and all responsibility or liability arising from such agreements between you and the third-party service providers.
You agree that you will not use the Zenmove Platforms to engage in any form of discrimination or harassment, including when providing any ratings or other feedback following completion of the Services by any Third Party Provider. Specifically, you agree that you will not discriminate against or harass any User or Third Party Provider on the basis of any such User or Third Party Provider’s race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws. If you are not able to comply with this Section 11.2, you may not use any of the Zenmove Platforms.
13. MISCELLANEOUS PROVISIONS
13.1 Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any conflict of law principles.
13.2 Claims of Copyright Infringement
Claims of copyright infringement should be sent to Zenmove’s designated agent. Please e-mail [email protected]
for more information.
Zenmove may give notice to you by means of a general notice on the Zenmove Platforms, by electronic mail to the e-mail address or addresses you have provided to Zenmove, by facsimile transmission, or by written communication sent by overnight courier service, first class mail, return receipt requested, or certified or registered mail to the address or addresses you have provided to Zenmove. Unless otherwise provided in another Section of these Terms, you may give notice to Zenmove by first class mail, return receipt requested, or certified or registered mail to: Zenmove, Level 1, 622-632 Harris Street, Sydney, NSW 2007.
Permitted notices shall be deemed effective, as applicable, (i) 12 hours after sending, if sent by e-mail, unless the sender receives notice of failed delivery, (ii) the day notice is received if notice is given by facsimile, (iii), on the first business day after the date of sending via overnight delivery service if notice is given by such a delivery service, or (iv) the fourth business day after notice is deposited in the Australian Post, if notice is given by Australian Post certified, registered, or first class mail.
13.4 Electronic Communications
You consent to receive communications from Zenmove in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Zenmove provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
These Terms shall be binding upon and inure to the benefit of the parties to this agreement and their respective successors and permitted assigns. You may not assign these Terms without Zenmove’s prior written approval. Zenmove may assign these Terms without your consent, including, without limitation, to a subsidiary or affiliate or a successor-in-interest in connection with a change in control (whether by merger, sale of stock or assets, consolidation, reorganization, or otherwise). Any purported assignment in violation of this section shall be void.
13.6 Independent Contractor
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, Zenmove, or any Third Party Provider as a result of these Terms, your use of the Zenmove Platforms, or your receipt of any Services.
If any provision (or portion of any provision) of these Terms is determined to be invalid, illegal, or otherwise unenforceable to any extent in any context, such invalidity shall not affect the validity or operation of any other provision of these Terms, and such invalid provision (or portion of any provision) shall be reformed to the maximum extent permitted by law to effectuate the intent of these Terms or, to the extent not reformable under applicable law, severed from these Terms with the remaining provisions of these Terms remaining in full force and effect.
13.8 No Waiver
No waiver of any of the provisions of these Terms shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of Zenmove to insist upon the strict performance of any provision of these Terms or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. Rights and remedies under these Terms or under applicable law shall be cumulative, and the exercise of any particular right shall not be exclusive of any other right or remedy provided by these Terms or allowed under applicable law.
13.9 Complete Agreement
These Terms (and any other policies and terms referred to herein) constitute the entire agreement between you and Zenmove with respect to the subject matter hereof and supersede any and all prior agreements, negotiations, representations, and promises, whether written or oral, between you and Zenmove.
13.10 Contact Information
If you have any questions, complaints, comments, or concerns about the Zenmove Platforms or the Services, please contact Zenmove at:
Zenmove Level 1, 622-632 Harris Street, Sydney, NSW 2007 [email protected]