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MOVEDIARY TERMS AND CONDITIONS OF WEBSITE USE

INFORMATION ABOUT US WE ARE REQUIRED TO GIVE TO YOU

Movediary.com is a website operated and owned by Movediary Limited (“we” or “our”) registered in England and Wales with company registration number 8122903.

Movediary Limited registered address is Unit 34, 67-68 Hatton Gardens, EC1N 8JY Holborn, City of London United Kingdom and our email address is customerservices@movediary.com

Movediary.com is a website that creates a platform online for transporters to meet with clients with the intention of making the client enter into an agreement with the transporter by accepting transporters bid to carry out work, be it transportation or manpower and keep a commission. Movediary.com does not provide direct transportation services and does not accept liability for the services rendered by transporters on our website.

Section A [General Terms] and Section B [Provisional terms] of this terms and conditions sets out the rules for use of our website. Visitors the general terms alone, while both the general terms and provisional terms apply to members.

1. DEFINITIONS

  • a. “Member” Means all persons who has registered to use our website.
  • b. “Transporters” or “transport providers” Means one of our members providing services to clients on our website.
  • c. “User” or “Client” Means our member who posted a job on our website.
  • d. “Website” or “Site” Means www.movediary.com
  • e. “Register” or “Registration” Means to set up a membership account accepting our terms of use.
  • f. “Job” or “work” Means a transportation or man power request posted on our website by our client.
  • g. “Transaction” means the agreement entered between the “transporter” and “client” to carry   out a job.
  • h. “Conditions” Means all the conditions that apply to people accessing the site or using the site [Visitors the general terms alone, members the general terms and provisional terms]
  • i. “Visitors” means person who only visit the website but are not members.
  • “Quote” or “Bid” Means an amount a transporter is willing to charge to do a job.

Section A: General Terms [Visitors and Members]

2. ACCESSING OUR SITE

  • a. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3. INTELLECTUAL PROPERTY RIGHTS

  • a. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
  • b. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 
  • c. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • d. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
  • e. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  • f. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. OUR SITE CHANGES REGULARLY

  • a. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

5. OUR LIABILITY

  • a. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
    • 1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    • 2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • 3. loss of income or revenue;
    • 4. loss of business;
    • 5. loss of profits or contracts;
    • 6. loss of anticipated savings;
    • 7. loss of data;
    • 8. loss of goodwill;
    • 9. wasted management or office time; and
  • b. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
  • c. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

  • a. We process information about you in accordance with our privacy policy [www.movediary.com/privacypolicy]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

7. VIRUSES, HACKING AND OTHER OFFENCES

  • a. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
  • b. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  • c. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

8. LINKS FROM OUR SITE

  • a. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
  • b. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

9. JURISDICTION AND APPLICABLE LAW

  • a. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
  • b. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10. TRADE MARKS

  • a. Movediary.com is a trade mark of Movediary Limited.

11. VARIATIONS

  • a. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

12. YOUR CONCERNS

  • a. If you have any concerns about material which appears on our site, please contact [customerservices@movediary.com].

Section B: Provisional terms [Members]

13. OUR SERVICES

  • a. Movediary.com is not a transport provider, it only provides a platform for transport providers to meet with clients with hope that they will enter into a transaction, we are not involved in the actual transaction or negotiations, and we have no control over and cannot guarantee the safety and quality of jobs and transactions that take place via our website neither do we assume any responsibility over legal aspects of the jobs and or transactions that take place through our website movediary.com.
  • b. It’s the users or clients responsibility to select an appropriate transporter suitable for the kind of job to be done and the responsibility of the client to negotiate and agree to terms with transporter until satisfied before accepting a quote.
  • c. By using our site transporters agree that the website is for transportation/shipping, storage/manpower services and the work you provide will only involve such. With exception to a written agreement between us, you will not use your membership to promote market or advertise any goods, products or services that are not related to these activities.

14. REGISTRATION

  • a. Your membership can not and should not be transferred to a third party; each registration is for a single user only. You are not permitted to share your user name and password with another person or multiple people be it transporter or client.
  • b. Only Persons legally able to form binding contracts under the laws of England and Wales are permitted to register. Persons under the age of 18 and those who have had their accounts suspended or terminated are not allowed to register. If registering as a business you are confirming that you have the authority to bind this business to this agreement.
  • c. You are responsible for the actions taken with the use of your user name and password on our site, for transporters: bids made are binding unless withdrawn. The security of your password is your sole responsibility and you are required to always keep it safe.

15. TRANSPORTATION

  • a. The responsibility to comply with the laws and regulations relating to the transportation of hazardous and restricted goods rely on the parties to the transaction, whoever sends or causes another to send improperly packaged or restricted items may be banned from the use of our website and may be subject to criminal penalties.
  • b. Transportation and posting of certain types of jobs [Hazardous and dangerous goods] is not allowed on our website movediary.com, although there are some types of goods that do not pose a danger to property or health and safety but are regulated or prohibited for public policy reasons from being transported, however some hazardous goods can be lawfully transported as long as they are properly packaged and labelled, jobs of such nature most be properly stated on listing detailing the hazardous nature of the item and description of the desired mode of transportation that complies with the local law.
  • c. Any job that cannot be transported via the use of Royal mail (excluding animals and pets) cannot be transported via our website Movediary.com. If unsure of the legality of your shipment kindly look it up with the appropriate authorities or contact our customer service on customerservices@movediary.com to help you confirm your item.
  • d. We assist our Member by providing directions and distance calculations via a third party link as part of our service, you should however be aware that the directions and distance calculations are only a guide, we cannot be held for inaccuracy or any incorrect information provided by a third party. These directions may not include issues such as road block, one-way system, emergency access road, height regulations, road restrictions and conditions, traffic congestion and road manoeuvrability; you are advised to always drive according to the national rules, regulations and high way codes of the local country you are in.
  • e. We will assume no responsibility for any loss whatsoever resulting from the use of this direction, please contact us if you notice any inaccuracy so we can contact the relevant third party to correct the situation, you are advised to ask questions if unsure of any direction from the pick up or delivery address contact.

16. DISCLAIMER

  • a. No responsibility will be assumed with respect to claims made by transporters regarding their insurances, licenses, trade union, registration details, and membership or any claim that will result from any transaction or bidding process on our website.
  • b. Transporters and Clients are to agree on all matters of concern before entering into agreement; all questions should be asked prior to accepting a quote from transporter. We operate as a neutral platform.
  • c. Except where stated otherwise in this condition and only to the extent so stated, no provision of the conditions shall be enforceable under the contracts [Rights of Third Parties] Act 1999 and the conditions do not give rise to any legal contracts, claims, obligations, liabilities or other benefits or protection to members or in favour of third party.
  • d. Your contract regarding a transaction will be with the other member; as a result we can give no guarantee or commitment of any nature about the other member; be it the User/Client or Transport provider or the job; be it quality, quantity, delivery, time scheduled or price.

17. UNLAWFUL TRANSACTIONS

  • a. Visitors and Members should not use this site for unlawful activities. Transporters, Users or Visitors should not use or intend to make use of this site unlawfully, any job or transaction or any aspect of it involved in unlawful activities is strictly prohibited and persons involved will be banned from the site.
  • b. There are certain transactions that may be governed by statutory or other regulations and therefore cannot be negotiated freely, it is the duty of Members to identify and conform to such regulations.

18. FEES

  • a. Movediary.com is free to join and would always be, irrespective of whether you join as a transporter or client. It is also free to post jobs and request bids as a client or place bids as a transporter.
  • b. A success fee is charged to transporter whose bid has been accepted by a client, Movediary limited will consider a job secured if after posting a Job, bidding, messaging and negotiations a bid is accepted and a deposit is paid by client.
  • c. Every transporter has a unique account where deposits made by clients are paid; the Fees charged by Movediary Limited are taken directly from the transporters account and could be called “success fee” or “finders’ fee”. This Fee is explained to the transporter as he makes his bid and is equal to the deposit paid by the client or the minimum fee whichever is greater.
  • d. The Fee is set by Movediary Limited and is based on a percentage system of the bid price submitted by the transport provider. It is only when this bid is accepted by client and the deposit is made by the client that the fee is deducted from transporters unique account.
  • e. The Fee is calculated below as follows:
    • 1. £0-£50....... [A minimum fee of £6.00 or the bid minus six, times 15% whichever is greater]
    • 2. £51-£150...... [A minimum fee of £6.00 or the bid minus six, times 12% whichever is greater]
    • 3. £151-£350..... [A minimum fee of £6.00 or the bid minus six, times 10% whichever is greater]
    • 4. £351-£1000.... [A minimum fee of £6.00 or the bid minus six, times 9% whichever is greater]
    • 5. £1,001 and above...... [A minimum fee of £6.00 or the bid minus six, times 8% whichever is greater]
  • f. Transporters are responsible for the collection and payment of any and all VAT related to the supply of services to Clients.
  • g. All bids made by transporters are inclusive of VAT; you cannot place a bid and then add VAT after the bid has been accepted by client or on getting to client, all bids are total cost to carry out job inclusive of VAT .
  • h. The fee incurred is independent on the performance of the job, therefore fees must be paid as long as bid has been accepted even if for any reason the job was later terminated/cancelled or suspended, we may waive the right to collect a fee in such circumstances but however such rights is strictly at our discretion and if granted it’s with no obligation to do so.
  • i. Movediary Limited has the right to waive, change or cancel any fee or the way they are calculated at anytime either permanently or for a limited duration or for a special promotional period, any such changes will be made known on our site.

19. FRAUD

  • a. Your membership could be terminated or suspended if found associated with or suspected to be involved in any fraudulent activities on our site.
  • b. It is prohibited to cause or assist someone else or an entity in any act or behaviour intended or designed to avoid paying the fee.
  • c. You are not allowed to advise against any other member whether transporter or client, or manipulate any members listings, transactions or bid price.
  • d. No transporter is allowed to add any price after bid has been accepted, all bids must be inclusive of all charges including Taxes and fees.

20. CANCELLATIONS

  • a. Any cancellations made once a bid has been accepted and deposit paid can only be refunded as credit to the members’ movediary unique account. We operate a credit policy on cancellations after proper investigation.
  • b. Movediary Limited does not refund cash for any reason a job has to be cancelled, as our job of linking transporter and client would have already been established we can only refund to a members account in such circumstances. Clients are responsible for making proper arrangements before accepting a bid.
  • c. In circumstances where disappointment of any sort is the reason for cancellation Members should file a cancellation request by email to cancellations@movediary.com within 30 days of a bid being accepted, you cannot file for a credit refund after 30 days elapses.
  • d. If after 7 days we get no response from the other member regarding a cancellation we will automatically decide in favour of the filing member.
  • e. If after investigation we are convinced that our cancellation policy was not abused we will make a credit refund, you should allow enough time for the credit refund as we will need to hear from both parties before any refund can be made.
  • f. Members are advised to try and resolve problems between themselves and arrange for another possible day for pickup and delivery before cancellation, only after all possible options have been used should you file for a cancellation request.
  • g. Decisions made by us whether or not to approve the cancellation request is final and cannot be revised, on acceptance we will refund in credit and relist your job [If you stated so on your cancellation request]
  • h. All credit refunds have a validity period of 6 months starting from the day credit was refunded, credit refunds is non-withdraw able, can only be used on our website movediary.com and cannot be transferred between members.
  • i. Abuse of cancellation request is taken very seriously; a member can have their membership terminated if found or suspected to be abusing our cancellation policy. Abuse includes giving false reasons for cancellation or teaming up with another member to demand cancellation.

21. NON-SOLICITATION

  • a. Members are not allowed to solicit to employ or employ any of our staff of whom you became known to through us or while making use of our website.
  • b. No Member should interfere or cause to disrupt any of our business relationships whether with another member or our staff.

22. NON-DISCLOSURE/CONFIDENTIALITY

  • a. As a Member we may disclose to you certain information about the running of our site or with time you may get to find out or learn our techniques, styles, systems, applications, software, management style, certain business activities or some other aspects of our business, by using our website you hereby agree that all of these information is our intellectual property and most remain confidential at all times.
  • b. There shall be no disclosure of any such information as detailed in 21(a), disclosure of such information is strictly prohibited.

23. THE USE OF MOVEDIARY

  • a. By accepting this terms and conditions you agree not to use the word “Movediary” or any variants that shall include the word “Movediary” on Google adwords or any of such internet advertising service.

24. AGENCY

  • a. No Member should claim to be a part of us [Movediary Limited], no statement herein suggests or shall cause to create any joint venture, partnership relationship, merger or agency between us and any member; either transporter or client.

25. FEEDBACKS

  • a. We cannot monitor the performance of all our members so we provide a feedback system where members can write up on their experience with another member for the benefit of all to see, you can either give a positive (+1), negative (-1) or neutral (0) feedback followed up with a write up to explain reasons or you can also leave the space for write up blank if you have nothing to say.
  • b. By using our website you acknowledge that as a member another member can leave a feedback about you on your overall performance after a job has been completed, we are not responsible for any feedbacks left.
  • c. We advice you on feedbacks you may leave as certain statements could result in legal claims made against you, all feedbacks cannot be transferred to another member and can only be used on this website.
  • d. You are required to always act in a matured and fair manner as feedbacks on our site are not censored, any member that abuses our feedback function will be banned from using our site.

26. FEEDBACK MANIPULATION

  • a. We take feedback manipulation very seriously as this is an important medium we use in monitoring our members, therefore by accepting this terms and conditions you agree not to attempt by any means to post feedback(s) on your own profile.
  • b. You may not improperly influence another member, or attempt to influence or cause another to influence a member to manipulate feedback reviews.

27. CONVICTIONS

  • a. By accepting our terms and conditions you agree that you or any person or persons involved with you do not have any convictions that is related in any way to the transportation/shipping industry.
  • b. You also agree that there is no pending legal action or legal proceedings against you or any person involved with you that may hinder you in performing your duty under this terms and conditions.

28. MEMBERS REMOVAL

  • a. Movediary limited reserves the right to suspend, remove and ban any member from its site without any reason and with no notice to the member.
  • b. We also have the right to notify other members of your ban/membership cancellation or suspension or any matter serious enough to warrant any action.
  • c. You could appeal for your membership to be reinstated if banned/removed or suspended, our team will look into the matter and your membership could be reinstated at our sole discretion. An appeal does not in any way guarantee that your membership will be reinstated.
  • d. All decisions are final and we are not obliged to give you any reason as to our decisions.