Terms and Conditions of Service
By initialling these terms and conditions, we are agreeing to offer, and you are agreeing to accept, the removalist services (“the Services”) as detailed in your quote/application submitted to us under the terms and conditions set out herein.
In accepting the Services, you are agreeing to comply with, and carry out all obligations set out in, our terms and conditions herein and those on our website https://mymoovers.com.au/.
1. Ownership of the goods
By entering into this agreement, you guarantee that:
- the goods to be removed are your own property, or the goods are your property free of any legal charge; or
- you have the full authority of the owner or anyone having a legal interest in them to enter into this agreement and you have made the owner fully aware of these terms and conditions prior to entering into this agreement and that they have agreed to them.
2. Payment Terms
- In executing these Terms and Conditions, you agree to the payment of the price provided for the Service(s) (the 'Service Price'). Service Prices displayed are in Australian dollars AUD) and includes GST where applicable. Service Prices are subject to change. We reserve the right to correct any errors.
- Unless agreed by us in writing, there is certain work that is not included in the Service(s) and we will not carry out such work. You can find a list of such work in the Terms and Conditions on our website https://mymoovers.com.au/.
- For payment of the Service Price, we accept cash, all major credit cards (2.00% surcharge applicable) and Company Bank Cheques, all cheques made payable to: KADIYAN PTY LTD. Unless you elect otherwise, payment of the Service Price must be made at the completion of the Service, however, we reserve the right to ask for an initial 10% deposit on the day of Booking to confirm your booking. We reserve the right to charge the Service Price (or balance thereof) from your credit card or nominated bank account at the completion of the Service. You may not withhold any part of the Service Price. In the event you withhold any part of the Service Price after it falls due whilst we are in possession of any of your goods, we reserve the right to hold your goods until any unpaid charges payable under this agreement have been made.
- If we are unable to contact you in relation to the Service(s) before or whilst providing the Service using the contact details you provide after having made reasonable attempts to contact you, we will reject your purchase of Service(s) and/or cease providing the Service to you.
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges. In the event you withhold any part of the Service Price after it falls due whilst we are in possession of any of your goods, we reserve the right to hold your goods until any unpaid charges payable under this agreement have been made. These include any charges that we may have paid out on your behalf. While we hold the goods, you will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by us in recovering our charges and applying our right of lien. These terms and conditions shall continue to apply.
4. Outstanding Payments
If payment of our charges pursuant to this agreement is in arrears and we are in possession of your goods, on giving you three months’ notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.
In consideration for the Service and to better secure payment of all moneys owing by you to KADIYAN PTY LTD, you hereby irrevocably charge in favour of KADIYAN PTY LTD all of your right, title and interest in all personal property and real property that you now hold or acquire in the future, and you also authorise KADIYAN PTY LTD to cause a caveat to be lodged in respect of any properties owned by you charged by this clause.
5. Toll Roads
There will be an extra charge when passing through any Tollway and you will be charged for the same, unless otherwise stated in writing.
Verbal or threatening behaviour will not be tolerated. If the driver is forced to leave the job because of verbal or any other abuse from you or your authorised representative, you will still be liable to pay in full.
7. Electronic signature
Any electronic signature will be deemed an original and enforceable signature.
8. Limited Liability
We will not be liable for any loss and damage or any delay for certain factors that are beyond our control.
If you have elected not to take out any insurance over furniture items whilst in transit or storage and we (or our subcontractor) did not package any
furniture items for you prior to transit or storage, we will only be liable for damage to the furniture items up to an amount of $1000 per service. This cap on our liability to you does not apply if there is evidence that we (or our subcontractor) failed to exercise due care and skill and this failure is what caused the damage.
If you have elected not to take out any insurance over the goods whilst in transit or storage and we (or our subcontractor) have not packed the goods for you, we will only be liable for lost, stolen or misplaced boxes or items up to an amount of $300 per service. This cap on our liability to you does not apply if you provided us with a completed inventory including valuation of the contents of the box containing the goods prior to commencement of the transit or storage and there is evidence that we (or our subcontractor) failed to reasonably secure the goods whilst in our custody or care.
We encourage you to review our Terms and Conditions on our website https://mymoovers.com.au/ for further information regarding our limited liability.
My Moovers services comes equipped with Public liability & Transit insurance. But It is your responsibility to arrange adequate insurance to cover the goods submitted for removal transit and/or your premises against any Accidental physical loss or damage or the deliberate act of a third party. If You require comprehensive insurance cover for your move, please contact CARTS Removals Insurance on 1300 880 253 or get an instant online quote https://www.removalsinsurance.com.au/html/.
You may, of course, arrange insurance with an insurer of Your choice.
You must examine your goods on delivery and note any items which may be subject to a claim. Potential claims must be notified to us in writing to https://mymoovers.freshdesk.com/support/tickets/new as soon as is reasonably practicable after the date of the Service.
You or your representative must be present at all times during the Service.
A written claim or confirmation should include as much information as is known in regard to the nature and extent of loss or damage, the value or items and the cost of repairs.
For further information regarding the terms set out herein, as well as the terms and conditions that apply to this agreement in addition to those set out herein, please refer to our terms and conditions on our website https://mymoovers.com.au/.
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully before using the https://mymoovers.com.au/ website to browse, order a service and/or make a purchase. We recommend you arrange insurance to cover your goods or premises. This insurance will be separate from this contract and subject to the terms and conditions of the policy.
Other Terms and Conditions relating specifically to Privacy can also be found on this website. You must agree to abide by this policy as part of your overall Terms and Conditions acceptance.
1.About the Website
- Welcome to https://mymoovers.com.au/ (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale on the Website (the 'Products'), as well as receive a quote for and/or book in removal services (the 'Services'). The Website provides a service by granting you access to the content on the Website (the 'Purchase Services').
- The Website is operated by KADIYAN PTY LTD (ACN 626 846 624). Access to and use of the Website, or any of its associated Products or Services, is provided by Kadiyan Pty Ltd or its authorised representatives. Please read these Terms and Conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease viewing, browsing and using the Website, or any of its Services, immediately.
- Kadiyan Pty Ltd or its authorised representatives reserves the right to review and change any of the Terms by updating this page at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2.Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kadiyan Pty Ltd in the user interface.
3.Use of the Purchase Services
- In order to access the Purchase Services or continue to use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Telephone Number
- Mailing/Delivery/Billing/Email address
- Move Date
- Pickup and Dropoff Locations
- Move Type
- You warrant that any information you give to Kadiyan Pty Ltd or its authorised representatives in the course of using the Purchase Services will always be accurate, correct and up to date.
- You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Kadiyan Pty Ltd or its authorised representatives; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Purchase Services.
4.Your obligations as a User
- As a User, you agree to comply with the following:
- you will use the Purchase Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you will use the Products only for purposes in which they were intended;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the purposes of Kadiyan Pty Ltd or its authorised representatives providing the Purchase Services; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- You understand that Kadiyan Pty Ltd cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
5.Purchase of Products and Services
- The Website provides you with the opportunity to browse and purchase various Products. These Products and the Website Purchase Services are currently only available in Australia. No international orders are accepted.
- In using the Purchase Services for the purchase of Product(s), you agree to the payment of the purchase price listed on the Website for the Product(s) (the 'Purchase Price') and Delivery Fees. You should refer to the Shipping section when accessing the Purchase Services for the applicable Delivery Fee for the Delivery Services. Purchase Prices displayed on the Website are in Australian dollars (AUD) and excludes GST where applicable. Purchase Prices are subject to change. Images of Products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of Products are not included in the Purchase Price. We reserve the right to correct any errors published on the Website.
- In using the Purchase Services for the purchase of Service(s), you agree to the payment of the price provided for the Service(s) (the 'Service Price'). Service Prices displayed on the Website are in Australian dollars (AUD) and excludes GST where applicable. Service Prices are subject to change. We reserve the right to correct any errors published on the Website.
- In using the Purchase Services to obtain a quote for the purchase of Service(s):
- the quotation, unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
- the Quotation is valid for seven days from the date of issue. Unless already included in the Quote, reasonable additional charges will apply in the following circumstances:
- if the work does not commence within seven days of acceptance;
- our costs change because of currency fluctuations, changes in taxation, freight, fuel and other factors that are beyond our control; and
- there are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.You agree to pay any reasonable charges arising from the above circumstances.
- Unless agreed by us in writing, the following work is not included in the Service(s) and we will not carry out this work:
- disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment;
- take up or lay fitted floor coverings;
- move items from a loft, unless properly lit and floored and safe access is provided;
- dismantle or assemble garden furniture and equipment including, but not limited to sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like; or
Our movers carry standard tools only if requested at the time of booking. If any special tools are required it is your responsibility to make the necessary arrangements.
- All payments of the Purchase Price must be in Australian Dollars (AUD) and must have cleared before an order can be processed.
- For payment of the Service Price, we accept cash, all major credit cards (2.0% surcharge applicable) and Company Bank Cheques, all cheques made payable to: KADIYAN PTY LTD. Unless you elect otherwise, payment of the Service Price must be made at the completion of the Service, however, we reserve the right to ask for an initial 10% deposit on the day of Service to confirm your booking. We reserve the right to charge the Service Price (or balance thereof) from your credit card or nominated bank account at the completion of the Service. You may not withhold any part of the Service Price.
- The name on the credit card used for payment of the Purchase Price or Service Price must match the name on the personal information provided on the Website Purchase Services.
- Where a Service is cancelled or postponed by you on or after the day before the Service, you agree to pay half the quoted service charge plus any time spent at pick up, charged at the time rate, subject to a minimum charge of two hours.
- In using the Purchase Services, you agree to provide complete and accurate information as to your personal information (or those of your nominated recipient for gifts) to enable the processing and delivery of your Product(s) or Services.
- Kadiyan Pty Ltd or its authorised representatives reserves the right to accept or reject your purchase of Product(s) or Service(s) for any reason at any time. Without limitation, some of our Products may not be available for delivery to certain locations. Kadiyan Pty Ltd or its authorised representatives retains the right to determine what we can and cannot deliver to any particular location.
- In the event that we reject your purchase of Product(s) or Service(s) we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days. Kadiyan Pty Ltd or its authorised representatives will not be liable to you for your loss or that of any third party for the rejection of your purchase of Product(s) or Service(s) via our Purchase Services.
- Where we reject your purchase of Product(s) or Service(s) via our Purchase Services and your payment for the Product(s) or Service(s) has already been processed, we will refund any money paid to us in respect of the Purchase Price or Service Price and make reasonable endeavours to process the refund within ten (10) Business Days. The receipt evidencing your refund will depend on the period of time it takes your financial institution to finalise the refund. Kadiyan Pty Ltd or its authorised representatives is not liable with respect to any loss, damage, cost, expense or injury you or any third party may or may not incur as a result of any delay in processing your refund.
- If we are unable to contact you in relation to your purchase of Product(s) or Service(s) via our Purchase Services using the contact details you provide via the Purchase Services after having made reasonable attempts to contact you, we will reject your purchase of Product(s) or Service(s) in accordance with this clause.
Kadiyan Pty Ltd’s liability obligations for the Product(s) or Service(s) you purchase via the Product Services are limited to the terms set forth herein.
In no event will Kadiyan Pty Ltd or its authorised representatives be liable for:
- any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Purchase Services, or any information, or transactions provided on the Purchase Services, or downloaded from the Purchase Services, or any delay of such information Product or Service, even if Kadiyan Pty Ltd or its authorised representatives have been advised of the possibility of such damages; or
- any claim attributable to errors, omissions, or other inaccuracies in the Product Services and/or materials or information downloaded through the Product Services.
As some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such states, Kadiyan Pty Ltd’s or its authorised representatives’ liability is limited to the greatest extent permitted by law.
Kadiyan Pty Ltd or its authorised representatives makes no representations whatsoever about any other website which you may access through https://mymoovers.com.au/ or which may link to the https://mymoovers.com.au/ website. When you access a website that is not https://mymoovers.com.au/, please understand that it is independent from https://mymoovers.com.au/, and that https://mymoovers.com.au/ has no control over the content on that website. In addition, a link to a https://mymoovers.com.au/ website does not mean that https://mymoovers.com.au/ endorses or accepts any responsibility for the content, or the use of such website.
- You acknowledge that the Purchase Services offered by Kadiyan Pty Ltd or its authorised representatives may integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers'). You agree to the personal information you provide as a User of the Website including your Address, Email Address and Phone Number being supplied to the Delivery Service Providers for the purpose of delivering your Product(s) or Service(s).
- In providing the Purchase Services, Kadiyan Pty Ltd or its authorised representatives may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Kadiyan Pty Ltd or its authorised representatives is not always the provider of these Delivery Services and may merely facilitate your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In purchasing Product(s) or Service(s) via the Purchase Services you agree to accept delivery of the Product(s) or Service(s) at the Delivery you provide from Monday to Friday between 8am and 6pm and that you may be responsible for any charges and fees as a result of not being available to accept delivery at these times. Kadiyan Pty Ltd or its authorised representatives via the Delivery Service Providers will make reasonable attempts to contact you before delivery of Product(s) including providing email notification(s) with estimated delivery date and link to online tracking website for delivery status updates.
- You agree that Kadiyan Pty Ltd or its authorised representatives is not liable or responsible for any alternate delivery options offered to you by Delivery Service Providers including delivery to a neighbor, Authority to Leave Safe, redelivery and/or change of delivery date. You agree that you are responsible for any costs and fees associated with these alternate delivery options.
- The Delivery Services offered by the Delivery Service Providers are within Australia only. No international Delivery Services are currently available. Delivery Services of Product(s) are only available to valid street addresses, no Post Office (PO) Boxes will be accepted as shipping addresses. Without limitation, some of our Product(s) or Service(s) may not be available for delivery to certain locations. Kadiyan Pty Ltd or its authorised representatives retains the right to determine what we can and cannot deliver to any particular location.
- The personal information you provide as a User of the Website will be used by us and the Delivery Service Providers to deliver the Product(s) or Service(s) you order via our Purchase Services. Kadiyan Pty Ltd or its authorised representatives will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver the Product(s) or Service(s) to you (or your nominated recipient) due to inaccurate or incomplete personal information provided. Without limitation, if you provide inaccurate shipping details via the personal information you provide in accessing the Purchase Services, Kadiyan Pty Ltd or its authorised representatives is under no obligation to resend your Product(s) if shipped to the address provided and not subsequently returned to Kadiyan Pty Ltd or its authorised representatives. You agree to obtain consent from the recipient of a gift when providing their personal details to Kadiyan Pty Ltd or its authorised representatives.
- Kadiyan Pty Ltd or its authorised representatives endeavors to process purchases of Product(s) via the Purchase Services within 2-3 business days then dispatch to our Delivery Service Providers. Product(s) are not shipped or delivered on weekends or holidays. Kadiyan Pty Ltd or its authorised representatives endeavors to respond to any request for the delivery of Service(s) within 1-2 business days.
- You acknowledge and agree that notwithstanding anything else stated on the Website:
- Kadiyan Pty Ltd or its authorised representatives cannot guarantee that delivery of Product(s) will occur on the stated estimated delivery date;
- estimated delivery date of Product(s) may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Kadiyan Pty Ltd or its authorised representatives is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers or may suffer as a result of a change in estimated delivery date of Product(s) or a delay in delivery of Product(s).
- If we are unable to deliver your Product(s) to the Address due to the size of the package or because there are restrictions on access to the Address or it is unsafe or impractical to make delivery, a calling card may be left for you notifying you where the Product(s) have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Where you do not collect your Product(s) from the outlet specified on the calling card within the time specified on the calling card, you must contact us using the details provided at the end of these Terms and Conditions of Use for further information with respect to claiming your Product(s). If Product(s) are required to be redelivered, you will be required to pay any associated fees for redelivery.
- Upon delivery of Product(s), you must inspect your Product(s) and check that the Product(s) delivered match the Product(s) you requested via our Purchase Services. If there are any incorrect or missing Product(s) or there is obvious damage to the Product(s) due to transit, you must contact us as soon as practicable using the details provided at the end of these Terms.
- In relation to the Services:
- you must examine your consignment on delivery and note any items which may be subject to a claim;
- potential claims must be notified to us in writing to [email protected] as soon as is reasonably practicable after the date of the Services. You can otherwise provide us notice of a claim by providing the details of the claim at www.support.mymoovers.com.au. by logging in as a Guest;
- it is your responsibility to report any and all damage to the Driver/Office within 24 hours of the Service date, otherwise there is no way to verify the claim that the damage in dispute was caused by Kadiyan Pty Ltd;
- you or your representative must be present at all times during the Service;
- a written claim or confirmation should include as much information as is known in regard to the nature and extent of loss or damage, the value or items and the cost of repairs;
- you must obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the Service to be completed;
- you must take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error, and ensure that all the goods which were submitted for removal were delivered in full at final destination point;
- where we provide you with inventories, receipts, waybills, job sheets or other relevant documents you will ensure that they are signed by you or your authorised representative as confirmation of collection or delivery of the goods;
- you must arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present;
- you must prepare adequately and stabiliae all appliances or electronic equipment prior to their removal;
- you must empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents;
- you must ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
- you must provide us with a correct and up to date contact address and telephone number during removal transit of goods;
- it is your responsibility to ensure that items will fit in the new premises (e.g.: the size of sofa and size of aperture). Our removalists will not be insured to remove doors or windows in such cases where a specialist may be required;
- it is your responsibility to inform us about any awkward access. Awkward access can include, no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions. We reserve the right to add extra costs due to unforeseen circumstances (e.g. waiting for keys or gaining entry, incorrect addresses, etc.);
- you are responsible for providing close parking to the destination address. You must provide a permit from the local council if this is not possible. If there is no parking pre-arranged any parking fines received will be your responsibility and must be paid by you on completion. Our driver may have to leave the destination address without dropping of the goods if legal parking is not provided;
- other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities;
- unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal and will under no circumstances be moved by us:
- items that may present risks to health and safety and of fire;
- prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition;
- jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind;
- goods likely to encourage vermin or other pests or to cause infestation or contamination;
- perishable items and/or those requiring a controlled environment;
- animals, birds, fish, reptiles or plants; and
- goods which require special license or government permission for export or import; and
- we shall notify you as soon as practicable if any of the goods, are in our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such goods or whether we refuse to accept them. Should we refuse to accept the goods we will have no liability to you.
8.Copyright and Intellectual Property
- The Website, the Purchase Services, Products, Services and all of the related products of Kadiyan Pty Ltd or its authorised representatives are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Kadiyan Pty Ltd or its contributors.
- Kadiyan Pty Ltd or its authorised representatives retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Kadiyan Pty Ltd or its authorised representatives; or
- the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Kadiyan Pty Ltd or its authorised representatives and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- You agree to grant to Kadiyan Pty Ltd a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups) or by e-mail to Kadiyan Pty Ltd by all means and in any media now known or hereafter developed. You also grant to Kadiyan Pty Ltd the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Kadiyan Pty Ltd for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Kadiyan Pty Ltd.
- You acknowledge that Kadiyan Pty Ltd or its authorised representatives does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided for pursuant to these Terms.
- Kadiyan Pty Ltd or its authorised representatives will make every effort to ensure a Product or Service is accurately depicted on the Website, however, you acknowledge that sizes, colors and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Kadiyan Pty Ltd or its authorised representatives will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.Limitation of Liability
- Kadiyan Pty Ltd's or its authorised representatives’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price or Service Price paid by you under these Terms or where you have not paid the Purchase Price or Service Price, then the total liability of Kadiyan Pty Ltd or its authorised representatives is the resupply of information or Purchase Services to you.
- In relation to the Services, our liability is limited as follows:
- if we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only;
- if we cause damage as a result of moving goods under your express instructions, against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable;
- we will provide coverage for any physical damage caused to goods due to dropping, mis- handling, or ineffectually procuring of the items by us, except in the following cases:
- loss or damage caused by fire or explosion;
- televisions that are not packed in a suitable size and shape box, computer components and peripherals, photocopiers, scientific instruments, musical instruments not in hard cases, architectural models, and sculptures;
- items of glass/mirrors not properly packed or wrapped securely. This includes picture glass, table tops & glass cabinets;
- stone, including marble, granite, composite or similar items;
- furniture intended to be flat packed and not disassembled or made of pressed wood, such as IKEA;
- Mobile Storage Customers. We will not cover any items packed into mobile storage containers under any circumstances;
- we will not provide cover for any internal faults where the item was not mishandled by us, and was secured appropriately in the vehicle;
- where you or a person with your agreement participates in the move, we are not liable for any damages done to your goods;
- where our movers warn you of the inappropriate packaging or condition of the goods and you instruct the movers to go ahead anyway;
- for delays or failures to provide the Services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re- scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control;
- any loss, damage or failure to produce the goods as a result of:
- normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliance;
- moth or vermin or similar infestation;
- cleaning, repairing or restoring unless we arranged for the work to be carried out;
- changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
- for any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us;
- for electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage; or
- for any goods which have a pre-existing defect or are inherently defective;
- for perishable items and/or those requiring a controlled environment;
- no employee/sub-contractor of ours shall be separately liable to you for any loss, damage, mis- delivery, errors or omissions under the terms of this Agreement;
- where goods are handed over to you or your authorised agent our liability will cease upon handing over the goods to you or your authorised representative.
- Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit. If through no fault of ours we are unable to deliver your goods, we will take them into storage. The Agreement will then be fulfilled and any additional service(s), including storage and re-delivery, will be at your expense.
- You expressly understand and agree that Kadiyan Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, that have been incurred as a result of any action or inaction by you or of which may have been avoided by any action taken by you acting reasonably. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.Termination of Contract
- The Terms will continue to apply until terminated by either you or by Kadiyan Pty Ltd or its authorised representatives as set out below.
- This Agreement may be terminated by either party by providing the other party with 30 days written notice, except in the event a party has caused a material breach of the agreement or any applicable law, in which case the non-defaulting party may terminate the agreement without notice.
- Kadiyan Pty Ltd and its authorised representatives reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law.
- You agree to indemnify Kadiyan Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms by you.
- If a dispute arises out of or relates to the Terms, either party may wish to follow the dispute resolution process set out in this Clause 14 before commencing any Tribunal or Court proceedings in relation to the dispute.
- Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in State of Australia to which you reside.
- Any cause of action or claim you may have with respect to a Product must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Kadiyan Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the Parties nor trade practice shall act to modify any provision of these Terms. Kadiyan Pty Ltd may assign its rights and duties under these Terms to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
- Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.Venue and Jurisdiction
The Purchase Services offered by Kadiyan Pty Ltd or its authorised representatives are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts within the State of Australia to which you reside.
The Terms are governed by the laws of the State of Australia to which you reside. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereunder shall be governed, interpreted and construed by, under and pursuant to the laws of the State of Australia to which you reside without reference to conflict of law principles, notwithstanding mandatory rules. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
If you have any questions about these Terms and Conditions of Use please contact us at [email protected]